Schulenburg City Zoning Code
§ 8
SIGN REGULATIONS.
8.0
General.
All new signs shall conform to the same requirements as the building code and this ordinance. For detailed information on the classifications shown in quotation marks, refer to the building code.
8.1
Existing signs.
8.2
Temporary signs.
A temporary sign pertaining to the lease, rental or sale of premises or structure located thereon is permitted in all districts when located on such premises or structure. Such signs shall not be lighted, and shall not exceed fifteen (15) square feet in area. No permit is required.
8.3
Development signs.
Ground signs announcing or describing a legally approved subdivision or land development may be temporarily erected for a period of not more than six (6) months. Such signs shall not exceed three hundred (300) square feet in area, and may be indirectly lighted. Signs having flashing or moving parts, or spectacular signs are not permitted. Refer to the building code for permit requirements.
8.4
Special district sign requirements.
8.4.1
Residential districts. [1]
A person having a legal home occupation may display a nameplate on the face of the building or porch. The nameplate may contain only the name and the occupation of the resident. It shall be attached directly to, and parallel to the face of the building or porch. It shall not exceed two (2) square feet in area, shall not be illuminated in any way, and shall project not more than six (6) inches beyond the building or porch. No permit is required.
[1]
Original has this as Subsection 8-D.1.
8.5
Residential display.
Display of merchandise or examples of work is classified as a sign, and is not permitted in any residential district, except on approved nonconforming property where legally permissible. This is also applicable to residences in PUDs.
8.6
Apartment or townhouse-rowhouse districts.
One (1) ground sign or wall sign or marquee sign may be erected on the property of an apartment, apartment complex, townhouse or rowhouse complex, visible from a particular street, if not more than one hundred fifty (150) square feet in area, to advertise the name and facilities available. It may be indirectly lighted, but must have no flashing or moving parts. No spectacular signs may be installed. See building code for permit requirements. This is also applicable to apartments or townhouses in PUDs.
8.7
Mobile home park districts.
A ground sign or wall sign of not more than one hundred (100) square feet total area may be erected on the property of the mobile home park, and may be indirectly lighted; however, it shall have no flashing lights or moving parts, and no spectacular signs may be installed. See building code for permit requirements. This is also applicable to mobile home parks in PUDs.
8.8
Neighborhood business districts.
Signs when attached to buildings shall advertise only services or products which are offered within the building to which the sign is attached, and such signs shall not extend above the roof line or [of] such building or more than one (1) foot from the face of the building. No flashing or moving signs are permitted and no spectacular signs are permitted. No detached signs or billboards are permitted. See building code for permit requirements. This is also applicable to neighborhood businesses in PUDs.
8.9
Other districts.
No sign shall have flashing lights or moving parts if within fifty (50) feet of a public street. Spectacular signs must be installed with bottom of sign a minimum of fifteen (15) feet above the ground, and must be at least fifty (50) feet from a public street. No sign or any part thereof shall be located within ten (10) feet of any public street or public easement. No more than one (1) detached sign shall be allowed on any one (1) building plot.
8.10
Billboards.
No billboards or signs shall be erected advertising products or services not available on the site, except as provided in section 8.5.
8.11
Street number.
A street number, as designated by the building official, is required to [for] all residences and establishments. It must be readable from the street and may be on the building or in the yard and may include the name of the occupant. No permit is required.
8.12
Changeable electronic variable message signs.
8.12.1
Definitions.
For the purposes of this Section, Building Official means the City Administrator or his or her designee.
For the purpose of this Section, a Changeable electronic variable message sign (CEVMS) shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
For the purpose of this Section, an interested person is one who is affected by a proposed CEVMS sign because:
(a)
the person owns real property located within 200 feet of the location of the proposed sign;
(b)
the sign will be clearly visible and fully legible from property owned or occupied by the person; or
(c)
the person is the designated spokesperson for no less than 200 citizens who are residents of the City of Schulenburg who have signed and submitted a petition to the City’s building official in opposition to the construction or erection of the proposed CEVMS sign.
8.12.2
Permit required.
From and after the effective date of this Ordinance, no CEVMS shall be allowed within the City limits or extraterritorial jurisdiction of the City unless prior to its construction or erection its owner or responsible party applies for and obtains a permit from the City for that purpose. Community Service Signs and Governmental Signs are exempt from this prohibition.
8.12.3
Application process.
(a)
The owner of a proposed CEVMS sign or a person with legal authority to represent such an owner shall make application to the City, through its building official, no less than sixty (60) days prior to the proposed erection or construction of a CEVMS sign.
(b)
The application shall fully describe or depict the dimensions, location, purpose, and appearance of the proposed sign, including the content of the proposed messages to be conveyed, depicted, or communicated by such sign.
(c)
The applicant shall, if requested by the Building Official, include the names and addresses of all owners of real property located within 200 feet of the proposed sign, and shall, if requested by the Building Official, send a notice by registered mail, return receipt requested, to each such owner informing each of the applicant’s intention to erect the proposed sign, the availability of the application for review at the City’s offices, and shall inform each that they may request that the City’s building official schedule a meeting at which all interested persons may meet with the applicant and the building official to discuss the proposed sign provided that the request is made no less than fourteen (14) days from the date of the notice.
(d)
If, as a result of that meeting, any interested person files a written request with the building official within five (5) days of the meeting that the matter be presented to the City Council, the building official shall notify the City Secretary, who shall include the application as an agenda item for the next available meeting of the City Council.
8.12.4
Standards for issuance of permit.
(a)
The Building Official shall receive and conduct an initial review of the application and determine if it is administratively complete. Following the initial review, should the Building Official conclude that the sign has the potential to produce one or more of the effects described in subsections (i) through (v) of subsection (c) of this section, he or she shall require the applicant to provide the names and addresses and send the notices described in Section 8.12.3(c), and shall, if the meeting described [in Section] 8.12.3(c) is requested, arrange and conduct that meeting.
(b)
If the application is administratively complete and the Building Official concludes that the sign does not have the potential to produce any of the effects described in subsections (i) through (v) of subsection (c) of this section, the Building Official shall issue the permit.
(c)
The City, acting either through the building official or the City Council, shall not issue the permit for the CEVMS sign that is the subject of a valid application if it is determined by a preponderance of reliable evidence presented that:
(i)
The sign will pose a safety hazard or dangerous obstruction to visibility or line of sight for vehicles on public streets, highways, or roadways;
(ii)
The sign will pose a significant safety hazard to, will interfere significantly with, or will cause significant damage to public property, air traffic, radio, television, or Internet reception, the use or effectiveness of systems that protect the public safety, or other necessary and useful electronic transmissions;
(iii)
The contents of the messages or matters depicted on the proposed sign will clearly be offensive to a large number of persons of reasonable sensitivity in the community;
(iv)
The sign will reduce the market value of real estate located within 200 feet of the sign, according to a real estate appraisal prepared by a qualified appraiser of real estate, by an amount in excess of $5000.00; or
(v)
The appearance of the sign will clearly be offensive, disruptive, or detrimental to the aesthetic qualities, reputation, or image of the City in a manner that cannot be eliminated or satisfactorily reduced by reasonable modifications to the sign.
Editor’s note–Section 8.12 was added to the zoning ordinance by Ordinance adopted 7/21/08, as amended by Ordinance adopted 2/4/13, but was codified as sections 11-51 and 11-52 of the 1989 Code. At the request of the city, this section was relocated into the zoning ordinance as originally intended and renumbered to be consistent with this exhibit. Cross-references within this section were corrected without notation.
(Ordinance adopted 7/21/08; 1989 Code, secs. 11-51, 11-52; Ordinance adopted 2/4/13)