It is the purpose of this article to:

(1)

Preserve and promote the public health, safety and welfare of the citizens of the city;

(2)

Afford the business community equal and fair opportunity to promote its products and services without discrimination;

(3)

Maintain and enhance the visual environment, and to preserve the right of the citizens to enjoy the city's scenic beauty;

(4)

Improve pedestrian and traffic safety;

(5)

Minimize the possible adverse effect of signs on nearby public and private property;

(6)

Enable fair and consistent enforcement of these sign restrictions.

(Code 2006, § 17.22(1))

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

Abandoned sign means a sign which no longer identifies a bona fide business, lessor, service, owner, product, or activity, time of event passed, and/or for which no legal owner can be found. The definition of the term "abandoned sign" shall also include any sign structure which no longer supports the sign for which it was designated.

Awning means a non-illuminated sign painted on or attached to a fabric or vinyl cover on a rigid frame. Only business names and/or logos may be attached to, painted, stenciled, or otherwise placed on these devices.

Directional sign means a sign erected and maintained by local officials within the public right-of-way, to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable state regulations regarding the placement of signs in public rights-of-way.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government, political subdivision, or other entity.

Freestanding sign means a sign self-supported by a pole or post and not attached to any building, wall, or fence, but in a fixed location. Types of freestanding signs include post and arm, monument and pole signs.

Marquee means a sign painted on, attached to, or consisting of interchangeable letters on the face of a permanent overhanging shelter which projects from the face of a building. Letters or symbols shall not exceed six inches in height. A minimum clearance of ten feet above the sidewalk level shall be required for pedestrians.

Monument sign means an outside sign identifying a development, businesses, services, or homes (such as a shopping area or housing development) made of brick, masonry or stone, the bottom of which is attached directly and permanently to the ground and physically separated from any other structure.

Nonconforming sign means a sign which lawfully occupied a building or land at the effective date of the ordinance from which this section is derived, or any amendment thereto, that does not conform to the regulations of the district in which it is located.

Off-premises sign or billboard means a sign which identifies goods or services that are not sold on the same premises as said sign.

On-premises sign means a sign identifying or advertising a business, person, activity, or service located on the premises where the sign is located.

Pole sign means a freestanding sign with the base of the actual sign area at least five feet above the ground supported by vertical pole.

Political sign means any sign that advertises a candidate or an issue which is to be voted on in a local, state or federal election process.

Portable sign means a sign not designed or intended to be permanently affixed into the ground or to a structure.

Post and arm sign means a freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which a sign hangs.

Premises means the contiguous land in the same ownership or control which is not divided by a street.

Projecting sign means a sign attached to a building wall or structure that projects horizontally more than 12 inches from the face of the wall.

Public way means any corridor designed for vehicular or pedestrian use that is maintained with public funds.

Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.

Safety control sign means a warning, control, OSHA, or required public safety sign.

Seasonal sign means a sole sign for a business, such as a farm or produce stand sign, displayed at least 60 days but no more than 120 each year. Such a sign shall be governed by the same regulations as all other permitted, non-temporary signs.

Sign means an object, device, display, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location; or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a sign shall constitute a separate sign.

Sign area means the facing of a sign, including copy, insignia, background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the sign or if the structure is not used to identify or attract attention to the business or product.

Temporary sign means a promotional sale sign, fundraising sign, garage sale sign, political sign, or similar sign displayed no more than 14 days in any six-month period.

Traffic control sign means a sign to regulate traffic that has been erected by municipal officers having jurisdiction over the public way.

Traffic flow informational sign means a sign directing traffic to or from or within or providing information for a commercial, residential or industrial development.

Viewshed means an area visible from the road that provides vistas over water or across expanses of land, such as farmland, woodlands, coastal wetlands, mountain tops or ridgelines.

Wall sign means a sign mounted parallel to the exterior surface of a building.

Window sign means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is permanently affixed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

(Code 2006, § 17.22(2))

The building inspector or other city representative shall be primarily responsible for enforcing this article.

(Code 2006, § 17.22(8)(a))

All signs, except as otherwise provided in this section, shall require a sign permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Sign permits shall be issued by the building inspector or city administrator. The city may require plan commission review of certain signage requests.

(Code 2006, § 17.22(8)(b))

All applications shall be submitted to city hall and shall accompany a photo or detail drawing of the proposed sign.

(Code 2006, § 17.22(8)(c))

Each application shall be accompanied by the applicable fees, which shall be determined by the council from time to time.

(Code 2006, § 17.22(8)(d))

The code enforcement officer, as soon as practical, shall review the application for completeness and shall:

(1)

Issue the sign permit, if the sign that is the subject of the application conforms in every respect with the requirements of this article; or

(2)

Deny the sign permit if the sign that is the subject of the application fails in any way to conform with the requirements of this article. In a case of rejection, the code enforcement officer shall specify in the rejection sections of this article or applicable plan with which the sign is inconsistent.

(Code 2006, § 17.22(8)(e))

Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the code enforcement officer upon completion of the work. If, upon inspection, the sign does not conform with this article, or is otherwise altered from that approved, the applicant shall have 30 days to so correct such deficiencies. Failure to make such corrections shall result in a lapse of the sign permit.

(Code 2006, § 17.22(8)(f))

The code enforcement officer, upon finding that any provision of this article or any condition or a permit issued under this article is being violated, is authorized to issue legal proceedings to enjoin violations of this article.

(Code 2006, § 17.22(8)(g))

Any person applying for a sign permit who is denied a permit or disagrees with any ruling by the code enforcement officer may appeal to the common council. The common council may review or overturn the ruling, but may not issue a sign permit. The findings of the common council are remitted back to the code enforcement officer.

(Code 2006, § 17.22(8)(h))

All lands annexed into the city shall require conformance with this article.

(Code 2006, § 17.22(8)(i))

A person who violates the provisions of this article or the conditions of a permit shall be guilty of a civil violation. Each day of the violation constitutes a separate offense subject to a $100.00 forfeiture.

(Code 2006, § 17.22(8)(j))

Persons subject to forfeitures under this article shall also be liable for court costs and reasonable attorney fees incurred by the local jurisdiction.

(Code 2006, § 17.22(8)(k))

It shall be unlawful and a violation of this article for any person to erect, construct, paint, alter, relocate, reconstruct, display, or maintain, or cause to be erected, constructed, painted, altered, relocated, reconstructed, displayed or maintained, within the city any sign, except as listed in section 40-1229 without first having obtained a permit from the city administrator or building inspector. A table summarizing the sign specifications outlined here is attached to the ordinance from which this article is derived.

(Code 2006, § 17.22(3))

The following signs do not require permits or fee payment, but shall meet the other requirements of this article:

(1)

Traffic control signs.

(2)

Traffic flow informational signs.

(3)

House addresses, family name signs, decorative flags, no trespassing and similar signs.

(4)

Signs on vehicles regularly and customarily used to transport persons or property for the business.

(5)

Directional signs, as authorized by the city.

(6)

Political signs, four square feet or less.

(7)

The flags of any nation, state, town, or service organization, 15 square feet or less.

(8)

Temporary signs.

(9)

Safety control signs.

(Code 2006, § 17.22(5))

(a)

All amendments or variances to this article shall be before plan commission and/or common council. No variances shall be allowed without a Class I public hearing, at the applicant's expense, and no such action shall be undertaken without first posting a public notice at least ten days in advance of the meeting.

(b)

Adoption of amendment. An amendment of this article may be adopted by a majority vote at any common council meeting.

(c)

Variances. The plan commission shall vote, by two-thirds majority, to recommend any variance to the common council, who shall uphold or reject such variance request by a simple majority.

(Code 2006, § 17.22(9))

The following signs and specifications are permitted in residential districts:

(1)

For home occupations, one non-illuminated wall sign not exceeding three square feet in size.

(2)

For single-family subdivisions and multifamily complexes, including mobile home parks, nursing homes and assisted living facilities, one monument sign per street frontage, not to exceed 20 square feet in sign area per sign or six feet in height.

(3)

For permitted nonresidential, noncommercial uses, including churches and synagogues, one freestanding monument sign not to exceed 20 square feet in area or five feet in height and one wall sign, with or without border, not larger than 16 square feet.

(Code 2006, § 17.22(3)(a))

(a)

Signage specifications. Within this district, the intent of the sign regulation is established in an effort to recognize unique architectural character or historic value and, therefore, place limitations on the placement of signs in such a manner which does not conflict with the architectural character or historic value.

(1)

Wall signs, with or without borders, as large as two square feet per linear foot of building frontage, or a maximum of 88 square feet, whichever is less, for each frontage of 44 feet or fewer.

(2)

Building frontages of more than 44 square feet, with or without border, as large as two square feet per linear foot of building frontage, or a maximum of 125 square feet, whichever is less.

(3)

Number. Buildings or portions thereof under separate management or control are permitted not more than two signs for each portion of building frontage located adjacent to a public right-of-way. In the event there are two or more tenants in a building, the building owner may provide a sign directory listing the building name and the names of the businesses within the building.

(4)

Projecting signs as large as 7.5 square feet in sign area; maximum projection of three feet from the building face; minimum clearance from the ground of eight feet, and maximum clearance of ten feet, one such sign per each building frontage located adjacent to a public right-of-way.

(5)

Window signs. No sign, except the name, monogram, logo, address and telephone number of the person or firm occupying the premises may be permanently affixed upon a window surface. The size, specifications, as stated in subsections (1) and (2) of this section shall apply. Any window display that is permanently affixed upon a window surface that indicates a product or service provided on the premises is exempt from the provisions of this section.

(6)

Awnings and canopies shall be restricted to include the name of the store, the logo and the street number and shall be counted as the total area permitted that building for its exterior signage. Signs shall not exceed 35 percent of the building face. Awnings and canopies shall be at least seven feet above grade. Internally lit awnings are prohibited. Lettering shall be on the valance only.

(7)

Temporary signs such as banners and A-frame sandwich board signs may be displayed. Signs and banners should not obstruct views or paths of vehicles or pedestrians.

(8)

Internally lit signs are permitted. Neon signs in store front windows are permitted.

(9)

Flags. State and national flags are permitted, but shall remain entirely over the business owner's property. Other banners or pennants of a temporary nature shall be permitted but shall remain entirely over the business owner's property.

(10)

Location.

a.

Signs shall be concentrated near the pedestrian level.

b.

Signs posted on the upper facades of buildings shall not cover more than 20 percent of the total square footage of the upper facade facing the street.

c.

Signs shall not obscure important architectural details or features such as windows, transoms, panels, sills, moldings, and cornices.

d.

Signs on adjacent store fronts within the same building shall be coordinated in height and proportion and should be encouraged to use the same signing format.

(b)

Signs prohibited. All signs not identified in subsection (a) of this section, including signs with moving parts, flashing lights, billboards, poster boards or advertising signs, or signs painted directly on the building surface shall be prohibited.

(Code 2006, § 17.22(3)(b))

Signage in this district, typically from auto-orientated commercial facilities, should be legible while avoiding sign clutter.

(1)

Types of signs.

a.

Wall signs, with or without border, shall be limited to ten percent of the front face of the building facade or 200 square feet, whichever is less.

b.

Freestanding signs only for establishments which are set back from the property line by 25 feet or more.

1.

Monument signs as large as 200 square feet of total surface area (both sides including borders), or 100 square feet for one-sided signs, with a maximum height of ten feet from the ground, including the base, to the top of the sign. The sign shall be set back ten feet or more from the property line.

2.

Post and arm/pole signs as large as 100 square feet of total surface area, (both sides including borders), or 50 square feet for one-sided signs, with a height maximum of 20 feet from the ground to the top of the sign. The sign shall be set back ten feet or more from the property line.

3.

Projecting signs as large as 20 square feet in sign area; maximum projection of six feet from the building face; minimum clearance from the ground of eight feet and maximum clearance of 12 feet.

4.

Window signs no more than 20 percent of the total window area of the principal facade Lettering up to 12 inches high.

5.

Awning signs projecting at least five feet into the sidewalk, but no more than seven feet. Lettering up to ten inches in height and on the valance only. The extent of the lettering may cover a maximum of eight feet in width of 50 percent of the valance width, whichever is less. Awnings shall be restricted to include the name of the store, the logo and the street number.

(2)

Number. Each business may not display more than three signs. Each business site may display only one freestanding sign, which is included in the three permitted signs.

(3)

Location. Signs shall be located where they can be most easily read, thus reducing the size needed for legibility.

(Code 2006, § 17.22(3)(c))

(a)

Only white light or neon may be used to illuminate a sign.

(b)

The illumination from any sign may not cause any reflection or glare upon a public street, highway, sidewalk, or adjacent property.

(c)

Exposed lighting sources such as bulbs, tubes and the like are prohibited. All external sources of illumination must be hidden from view by shrubbery or some other permitted material.

(d)

With the exception of the business improvement district and highway commercial (B-2), no exterior signs on any building or premises shall be illuminated after 12:00 midnight, except on those places of business which shall remain open after 12:00 midnight, and they shall be extinguished at the time of closing such business.

(Code 2006, § 17.22(3)(d))

No land shall be annexed into the city unless, as a condition to such annexation, a developer's agreement is secured which, among other things, shall secure the annex petitioners agreement that any signs within the annexable lands shall become conforming, within one-year of the date of annexation, to the provisions of this article. No building permit shall be issued for annexed lands unless and until the sign provisions of this Code are complied with and such language restrictions shall be incorporated into the developer's agreement made as a condition to annexation. Billboards existing on lands to be annexed shall have an agreement secured for their eventual removal with any costs associated with such to be borne by the petitioner, developer or non-municipal entity.

(Code 2006, § 17.22(3)(e))

All signs not expressly permitted under this article or exempt from regulation hereunder in accordance with this section are prohibited in the city. Such signs include, but are not limited to:

(1)

Any sign attached to any tree, utility pole or painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

(2)

Billboards and other signs, including directional signs, not within the property of the business being advertised. Billboards are expressly prohibited within the city limits.

(3)

No sign shall be erected:

a.

In the public right-of-way, except for those placed by an authorized governmental agency.

b.

At any location where, by reason of position, shape, wording or color, it interferes with or obstructs the view of pedestrian or vehicular traffic.

c.

Which may be confused with any authorized traffic sign, signal or device.

d.

Above the roof line.

e.

Any outdoor sign which advertises, identifies or pertains to any activity no longer in existence shall be removed by its owner or persons otherwise responsible within 30 days from the time the activity ceases. Political signs must be removed within three days after the election advertised. This provision does not pertain to seasonal activity during the periods in which such businesses are closed.

f.

Signs with movable parts, changing copy, banners, flags, ribbons, streamers, or signs that flash, shall be prohibited.

g.

Signs on a vehicle not regularly used in the conduct of the business advertised on the vehicle.

h.

Signs placed on bus shelters, bus benches, or waste receptacles.

i.

Signs posted or painted on roofs, dormers, and balconies.

j.

Portable signs.

k.

Off-premises signs and billboards.

(Code 2006, § 17.22(4))

(a)

Each nonconforming sign shall be permitted to be displayed upon the effective date of the ordinance from which this article is derived.

(b)

Existing non-authorized portable signs not conforming to this article, such as directional signs placed in the road right-of-way, shall be permitted to be displayed for six months, 180 days, from the effective date of the ordinance from which this section is derived and the city shall provide uniform signage, at the business owner's expense, to identify places of public interest such as libraries, churches, post offices and schools.

(c)

The city may prohibit any new signs on a zone lot while a nonconforming sign remains in use.

(d)

Routine maintenance and upkeep of nonconforming signs is permitted on signs existing upon the effective date of the ordinance from which this article is derived.

(e)

If damage or physical deterioration greater than 50 percent of the current value is sustained, for signs within the business improvement district, the replaced or repaired sign shall come into compliance with this article.

(f)

Existing nonconforming signs may have changes made to them for purposes of changes in business logo, color scheme and/or name change. A nonconforming sign shall not be changed or altered in any manner that would increase the degree of its nonconformity, or be enlarged or expanded.

(Code 2006, § 17.22(7))

All signs shall be designed, constructed and maintained in accordance with the following:

(1)

All signs shall comply with applicable provisions of the building code and the electrical code at all times.

(2)

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

(3)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times.

(Code 2006, § 17.22(6))