(a)

This article regulates the erection, construction, repair, alteration, location or maintenance of signs within the city and provides for the posting of bonds, the issuance of permits, inspection and fees, and penalties for violation.

(b)

This article is established to protect the health, safety, general welfare and order within the city through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs, or symbols serving as a visual communications media to persons situated within or upon public rights-of-way or properties.

(c)

The provisions of this article are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communications facilities.

(Ord. No. 653, § 2, 2-16-10)

(a)

No sign permitted by this chapter shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "stop," "caution," "warning," etc. unless such sign is intended to direct traffic on the premises.

(b)

All signs and sign structures shall be properly maintained and shall be 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 licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the building inspector or his agent.

(c)

No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the building inspector.

(d)

No sign, nor any guys, stays or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees nor in such manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof.

(e)

When electrical signs are installed, the installation shall be subject to the state's electrical code, as may be amended.

(f)

No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of-way.

(g)

The temporary use of searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. No more than three permits per business proprietor shall be granted during any 12-month period. The permit shall be prominently displayed during the period of validity. Sandwich boards and other similar portable signs may be displayed in commercial districts during regular business hours provided the sign shall be no greater than four square feet in area and shall be located no further than 15 feet from an entrance.

(h)

No part of a sign or sign structure shall be placed closer to any lot line than a distance equal to one-half the minimum front yard setback line for the district in which the sign is located.

(i)

A person shall not illuminate any existing advertising device at any time if the existing advertising device is not located at the place of business being promoted.

(j)

All signs shall display in a conspicuous manner the owner's name, permit number and/or registration number and date of erection.

(k)

A minimum of one address sign shall be required on each building in all districts. Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed two square feet in area. The number shall be metal, glass, plastic or curable material and the number shall not be less than three and one-half inches in height, in a contrasting color to the base. The numbers shall be lighted or made of some reflective material and so placed as to be easily seen from the street.

(l)

No sign or sign structure shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

(m)

Permanent window signage shall not exceed 25 percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one-half inches in height shall be debited against the total number of items of signage permitted on that side of the building.

(n)

All signs as required by the Occupational Safety Hazards Act shall be permitted in all districts.

(o)

All signs or sign structures within the city require a registration number. No sign or sign structure shall be erected until such time as the person erecting such sign has applied for and received a registration number for such sign. For new building construction, the application for registration shall be made simultaneously with the application for building permit. During such time as the sign is registered, it shall be determined as to whether the sign complies with all the terms of this chapter and any other ordinance which may be applicable. If at such time it is discovered that such sign does not comply with this chapter, the applicant shall either redesign the sign so as to comply with this chapter, or he shall follow the procedures as set forth in section 74-325. Permitted signs as listed in section 74-323 shall be exempt from registration requirements. However, such permitted signs shall comply with all other applicable provisions of this chapter.

(p)

If a freestanding sign or sign structure is constructed so that the sign faces are not constructed so as to be back to back, the angle shall not exceed ten degrees. If the angle is greater than ten degrees, the total area of both sides added together shall not exceed the maximum allowable sign area for that district.

(q)

No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines.

(r)

No sign shall be permitted within the river development district which is positioned so that it is visible from the river.

(Ord. No. 653, § 2, 2-16-10)

(a)

Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this chapter:

(1)

Public signs. Signs of a public, noncommercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or under the order of a public officer or employee in the performance of official duty.

(2)

Identification signs. Signs in all districts which identify the business, owner, manager or resident and set forth the address of the premises where the sign is located and which contain no other material. There shall be one such sign per premises, not to exceed two square feet in area. If the sign is freestanding, the total height may not exceed five feet. Where applicable, home occupations may be included.

(3)

Directional signs, on-site. On-site directional signs, not exceeding two square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located.

(4)

Integral signs. Names on buildings, date of construction, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the building or the structure.

(5)

Noncommercial speech. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing noncommercial speech may be posted from June 25 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election.

(6)

Construction signs. A non-illuminated sign not exceeding 32 square feet in the R-1 district or 50 square feet in other districts may be placed on the site where an open building permit has been issued. The sign shall be removed within two years of the date of issuance of the first building permit or when the building permit has been finalled or expired, whichever is sooner.

(7)

Individual property sale, lease, or rental signs. Any property that is currently for sale or rent may place one sign per street frontage. Such signs must be removed within ten days after the sale or rental of property. Such signs may not measure more than four square feet in R-1 and R-2 districts; not more than 32 square feet in R-3, R-4, B-1, B-2, MX-1, MX-2, and I-1 districts; and not more than 50 square feet in the I-2 district.

(8)

Rummage sale signs. One sign not to exceed four square feet in area may be placed on the site of a rummage sale or similar event. Rummage sales may be held and signs displayed therefor provided that the exchange or sale of merchandise is conducted inside the principal or accessory structure, the number of sales per year does not exceed two, and the duration of the sale does not exceed three consecutive days. Any sign shall be removed at the termination of the sale.

(b)

Prohibited signs. The following signs are specifically prohibited by this article:

(1)

Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device.

(2)

Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs.

(3)

Any sign which moves or rotates. Exempted are time and temperature information signs.

(4)

No sign shall display any moving parts or simulate motion, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempted are time and temperature information signs. All displays shall be shielded to prevent any light from being directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets.

(5)

Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, except in the case of section 74-322(g).

(6)

Portable signs, except in the case of section 74-322(g).

(7)

Signs and/or posters which are tacked on trees, fences, utility poles or other such permanent supports, except for those signs found on fences (facing inside) of baseball parks.

(8)

Signs painted directly on building walls (wall graphics).

(9)

Signs which advertise an activity, business, product or service that is not produced or conducted or is no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than 30 days from the date of vacancy.

(10)

Advertising signs visible from watercourses in R-1, R-2, R-3 and R-4 districts.

(11)

Signs, video displays, display monitors, or other such devices with moving pictures and/or sound.

(Ord. No. 653, § 2, 2-16-10; Ord. No. 762, § 8, 1-17-23)

(a)

Defined. The following are nonconforming signs:

(1)

Off-premises signs.

(2)

Prohibited signs.

(3)

All other signs not prohibited by this article that do not conform to the provisions of this chapter.

(b)

Continued use of nonconforming signs. Nonconforming signs may be continued, including repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

(1)

The use of the sign is discontinued for a period more than one year.

(2)

Any nonconforming sign is destroyed by fire or other peril of greater than 50 percent of its market value and no building permit has been applied for within 180 days of the damage.

(c)

General provisions governing nonconforming signs. Unless otherwise specified in (b) above:

(1)

A nonconforming sign may not be:

a.

Changed to another nonconforming sign.

b.

Structurally altered except to bring the sign into compliance with the provisions of this chapter.

c.

Expanded.

d.

Reestablished after its discontinuance for 14 days.

e.

Repaired or otherwise rehabilitated, except to bring the sign into compliance after damage of more than 50 percent of the market value of such sign.

(2)

If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer in existence, shall be brought into conformance within 30 days.

(3)

Nonconforming signs existing prior to adoption of chapter. Except as otherwise provided in this article, the provisions of this chapter are not intended to alter, diminish, increase or otherwise modify any rights or liabilities imposed upon nonconforming or prohibited signs existing prior to this chapter's effective date. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.

(4)

Nonconforming sign maintenance and repair. Nothing in this chapter shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair of signs contained in section 74-322. Provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

(d)

Nonconforming uses. In cases where a use is legally nonconforming based upon this zoning code, all existing or proposed signs shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the use is allowed.

(Ord. No. 653, § 2, 2-16-10)

The following types of signs shall be permitted in the districts specified.

(a)

R-1 and R-2 residential districts.

(1)

Institutional identification. Only one sign per principal use may be erected on the subject property as follows:

a.

Freestanding sign, not more than 32 square feet nor higher than six feet; or

b.

Wall, canopy, or marquee sign, not more than 32 square feet nor higher than the top of the parapet wall or eave.

(b)

R-3 and R-4 residential districts and residential mixed use areas.

(1)

Institutional identification. Only one sign per principal use may be erected on the subject property.

a.

Freestanding sign, not more than 32 square feet nor higher than eight feet; or

b.

Wall, canopy, or marquee sign, not more than 32 square feet nor higher than the top of the parapet wall or eave.

(2)

Residential area identification. Only one sign may be erected on the subject property.

a.

Freestanding sign, not more than 32 square feet nor higher than eight feet.

(c)

Reserved.

(d)

Reserved.

(e)

B-1 downtown commercial district and MX-2 commercial mixed use standards.

(1)

Area identification. Only one sign may be erected on the subject property.

a.

Freestanding sign, not more than 50 square feet nor higher than 15 feet.

(2)

Institutional and single or double occupancy business structure identification. The total sign area for the subject property may not exceed ten percent of the front building facade; both front and side facades may be counted when on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions:

a.

Freestanding sign, not more than one sign per subject property. Sign area may not exceed 35 square feet with a maximum height of 20 feet.

b.

Wall, canopy, or marquee sign, not more than one sign per subject property, or two signs, one per building side, where a freestanding sign is not utilized. Individual sign area may not exceed 50 square feet with the height maximum set at top of parapet or eaves.

(f)

B-2 highway commercial district, MX-1 commercial mixed use standards, and P-2 standards.

(1)

Area identification. Only one sign may be erected on the subject property.

a.

Freestanding sign, not more than 75 square feet nor higher than 20 feet.

(2)

Single or double occupancy business structure identification. The total sign area for the subject property may not exceed 15 percent of the front building facade; both front and side facades may be counted when on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions:

a.

Freestanding sign, not more than one sign per subject property. Sign area may not exceed 50 square feet with a maximum height of 20 feet.

b.

Wall, canopy, or marquee sign, not more than one sign per subject property, or two signs, one per building side, where a freestanding sign is not utilized. Individual sign area may not exceed 60 square feet with the height maximum set at top of parapet or eaves.

(g)

Reserved.

(h)

I-1 and I-2 light and general industrial districts.

(1)

Area identification. Only one sign may be erected on the subject property.

a.

Freestanding sign, not more than 75 square feet nor higher than ten feet.

(2)

Institutional and single or double occupancy business structure identification. The total sign area for the subject property may not exceed 15 percent of the front building facade; both front and side facades may be counted when on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions:

a.

Freestanding sign, not more than one sign per subject property. Sign area may not exceed 50 square feet with a maximum height of ten feet.

b.

Wall, canopy, and marquee sign, not more than one sign per subject property, or two signs, one per building side, where a freestanding sign is not utilized. Individual sign area may not exceed 70 square feet with the height maximum set at top of parapet or eaves.

(i)

PUD planned unit development district. In a planned unit development district signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed.

(Ord. No. 653, § 2, 2-16-10; Ord. No. 665, §§ 1—3, 1-18-11; Ord. No. 762, § 9, 1-17-23)

(a)

Applicability. The regulations set out in this section refer to certain signs in all appropriate zoning districts unless otherwise specified.

(b)

Motor fuel station. Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. In addition, motor fuel stations may also display signs which identify current fuel prices. Such signs shall be limited to a maximum of 16 square feet each. This additional sign area, however, shall be counted against the maximum allowable sign area for the subject property. Video displays with or without sound are prohibited.

(c)

Wall, canopy or marquee signs in B-1, B-2, B-3, B-4, I-1 and I-2 zoning districts. Where no freestanding signs are utilized and where principal structures have a front yard setback in excess of that which is required under the applicable zoning district regulations, the maximum property signage percentage limitation or maximum square feet restriction may be increased one percent for every five feet of additional setback beyond the zoning district front yard setback requirement. This increase shall be limited to a 25 percent maximum and shall be applied only to signs located in the yard for which the calculation was made.

(d)

Multiple occupancy business and industrial structures. When a single principal building is devoted to three or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. Such plan shall be subject to the review of the planning commission and approval of the city council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The effect of such comprehensive sign plan is to allow and require the owner of a multiple occupancy structure to determine the specific individual sign requirements for the tenants of his structure. As sign locations and size, etc. may be of significant importance in lease arrangements between owner and tenant, it is the city's intention to establish general requirements for negotiation by the owner with his individual tenants on their specific sign needs.

(1)

The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single or double occupancy structures in the same zoning district. The bonus provided in subsection (c) of this section shall not apply in calculating maximum sign size.

(2)

Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in section 74-325. Individual freestanding signs identifying the tenants' business shall not be displayed.

(3)

Except as provided in subsection (d)(4) of this section, individual tenants of multiple occupancy structures shall not display separate identification signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one per entrance and each sign shall be limited to the maximum wall size sign permitted in the district. Such signs shall be located only on exterior walls which are directly related to the use being identified.

(4)

In any multiple occupancy structure qualifying as a shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of 50 square feet and shall be located within 50 feet of the common public entrance being served. The size of individual business identification signing within the directory shall be resolved during the site plan review process. Attention shall be given to the possible number of tenant or occupant bays which may be served by the common public entrance for which the directory sign is intended.

(e)

Industrial uses covering more than 40 acres of land. Where industrial uses cover more than 40 acres of land, two area identification signs may be displayed in accordance with the maximum sign size provisions per area identification sign of the applicable zoning district.

(f)

Institutional and residential area identification signs in the R-1, R-2, R-3 and R-4 zoning districts. Signs identifying an institutional use or residential area in the R-1, R-2, R-3, and R-4 zoning districts shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.

(Ord. No. 653, § 2, 2-16-10; Ord. No. 665, § 4, 1-18-11)

The design and construction standards as set forth in chapter 4 of the Uniform Sign Code, 1973 edition, as amended, are hereby adopted and incorporated in this article by reference thereto.

(Ord. No. 653, § 2, 2-16-10)

(a)

Maintenance. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish, and weeds. Notice shall be given to the city administrator of any change in sign user, sign owner or owner of the property on which the sign is located.

(b)

Inspection. All signs for which a permit is required shall be subject to inspection by the city administrator. The city administrator, or his designated agent, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this article are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The administrator may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this article.

(Ord. No. 653, § 2, 2-16-10)

(a)

Sign application. The following information for a sign permit must be supplied by an applicant:

(1)

Name, address and telephone number of person making application.

(2)

Name, address and telephone number of person owning sign.

(3)

A site plan to scale showing the location of lot lines, building, structures, parking areas, existing and proposed signs and any other physical features.

(4)

Plans, location and specifications and method of construction and attachment to the building or placement method in the ground.

(5)

Copy of stress sheets and calculations showing that 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.

(6)

Written consent of the owner or lessee of any site on which the sign is to be erected.

(7)

Any electrical permit required and issued for such sign.

(8)

Proof of contract purchase price.

(9)

Such other information as the city administrator shall require to show full compliance with this article and all other laws and ordinances of the city. The city administrator may waive the requirements of subsections (a)(4) and (a)(5) of this section.

(10)

No permit shall be issued until payment in full of the fee set forth in chapter 42 of this Code.

(b)

Permit issuance. It shall be the duty of the city administrator upon the filing on an application for a permit under this article to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it shall appear that the proposed structure is in compliance with all the requirements of this article and all other laws and ordinances of the city, the permit shall then be issued. If the work authorized under a permit has not been completed within 60 days after the date of issuance, the permit shall be null and void.

(c)

Variances. In order to provide additional flexibility in the enforcement of this article and to alleviate hardship and injustice, the city council, serving as the board of adjustment and appeals, may, upon application, grant a variation from the terms of this article. Upon application from the person seeking a permit for the erection or installation of a sign, the request for variance shall be processed in accordance with applicable provisions of sections 74-121 through 74-124.

(Ord. No. 653, § 2, 2-16-10)

If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The city council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Ord. No. 653, § 2, 2-16-10)