The regulations in this article govern the type, location, and subject matter of signs and similar advertising media.

(Ord. 3639, passed - -2000)

   For the purpose of this chapter, certain terms and words are hereby defined.

   ANIMATION. The movement of any object or light used in conjunction with a sign such as blinking, flashing, traveling, scrolling, or changing degree of intensity of any light movement other than burning continuously.

   CHANGEABLE COPY SIGN. Any sign on which message copy can be changed through the use of attachable letters and numerals or by electronic switching of lamps, light emitting devices, or illuminated tubes. This includes public message displays or any sign which features automatic switching such as time and temperature signs.

   COMMERCIAL SIGN. Any sign which serves to advertise and/or identify a product, service, or activity conducted on or off the premises on which the sign is located.

   ELECTRIC SIGN. Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source, but not including signs illuminated by an exterior light source not an integral part of the sign.

   ELECTRONIC CHANGEABLE COPY SIGN. A sign containing a computer or digital software generated message or other automated or remote method of changing copy.

   ERECTED. Attached, altered, built, constructed, reconstructed, enlarged, or moved and shall include the painting of wall signs.

   FACADE. The portion of any exterior elevation of a building extending vertically from the grade to the top parapet wall or eaves and horizontally across the building in one plane of elevation. A FACADE may extend above the roof line.

   FADE. A transition from one message to another by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and/or gradually increases intensity to become legible.

   FLASHING/BLINKING/PULSATING SIGN. The interior or exterior of a sign which contains flashing lights or exhibits noticeable changes in light intensity with a basic on-off of the same light source or display pattern or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source.

   FREESTANDING SIGN. Any sign supported by structures or supports that are anchored in the ground and that are independent from any building or other structure.

   HEIGHT OF A SIGN. The distance between the lowest grade level within two feet of either side of a sign, and the highest part of the sign or its support; except that if the property was lower than the adjacent roadway, then the height of the sign is to be calculated from the street grade at a 90 degree angle from the sign.

   ILLUMINATED SIGN. Any sign which is directly lighted by any electrical light source, internal or external, regardless of technology. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.

   MARQUEE (CANOPY or AWNING). A protective shelter or overhang which projects more than 24 inches from the face of a building that is otherwise permitted by code or ordinance.

   MARQUEE SIGN. A sign attached to the face or on top or below a marquee.

   MOBILE SIGN. A sign designed and constructed to be transported by its own wheels. When placed, a MOBILE SIGN must be supported by at least four integral metal supports which raise the wheels off the ground. Such sign shall not exceed ten feet in height.

   MONUMENT SIGN. Any freestanding sign in which the top edge of the sign is six feet or less above grade.

   MURAL. An artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial text message, graphic, or image.

   NIT. A unit of luminance equal to one candela (one candle) per square meter.

   NONCOMMERCIAL SIGN. Any sign that is not a commercial sign.

   NONSTRUCTURAL TRIM. The molding, battens, caps, nailing strips, latticing, cutouts, or ladders and walkways which are attached to the sign structure.

   OFF-PREMISES SIGN. Any sign which serves to advertise a product, service, or activity not conducted on the premises on which the sign is located or within 300 lineal feet thereof.

   ON-PREMISES SIGN. Any sign which serves to advertise and/or identify a product, service, or activity conducted on the premises on which the sign is located, or identifies said premises or a use thereof.

   PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.

   POLE SIGN. Any freestanding sign in which the top edge of the sign is more than ten feet above grade.

   PROJECTING SIGN. Any sign other than a wall sign which is attached to and projects at an angle of not less than 45 degrees from a structure or building face.

   PROJECTION. The distance by which a sign extends beyond a building or structure.

   REAL ESTATE SIGN. Any sign which identifies an offer to sell, rent, or lease of the premises on which the sign is located.

   REVEAL. A message transition where portions of the message appear and/or disappear sequentially.

   ROOF LINE. The uppermost exterior surface of the roof of a building.

   ROOF SIGN. Any sign mounted on the main roof portion of a building or on the top most edge of a parapet wall of a building; and which is wholly or partially supported by such building. For the purpose of this chapter, signs mounted on mansard facades, penthouse eaves, facades, and architectural projections, such as canopies or marquees shall not be considered to be ROOF SIGNS. Signs mounted on an ornamental attachment not used for shelter or protection of persons or property, such as cupolas, shall be considered ROOF SIGNS.

   SCROLL or TRAVEL. A message transition where the message that is leaving or appearing appears to move vertically or horizontally across the display surface.

   SIGN. Any structure, fixture, graphics, illustration, statue, or other device visible from off the premises designed or intended to advertise, to identify, to attract attention to, or to convey information regarding any goods, product, service, business, location, institution, activity, person, solicitation, issue, or campaign, with the exception of merchandise window displays, national, state or other state governmental subdivision flags, and sculpture. For purposes of removal, SIGN shall also include any sign structure.

   SIGN STRUCTURE. Any structure which is designed or used to support any sign as defined in this chapter. A SIGN STRUCTURE may be a single pole and may or may not be an integral part of the building.

   TEMPORARY SIGN. Any outdoor sign or device, including but not limited to banners, pennants, flags, or advertising display constructed of cloth, canvas, light fabric, cardboard, or other light materials, with or without frames, intended to be displayed for a limited period of time and which is not permanently affixed; provided, that TEMPORARY SIGNS shall not include mobile signs.

   WALL SIGN. Any sign painted on or attached to the wall or facade of a building with the display surface parallel to or at an angle to which it is attached, and which projects no more than 24 inches from the wall surface. No WALL SIGN shall extend vertically or horizontally beyond the building facade from which the sign is attached. A WALL SIGN may project into a right-of-way. A WALL SIGN may be located at any height on a parapet or facade. A WALL SIGN may be mounted on a mansard facade or penthouse facade.

   WINDOW SIGN. A sign installed inside a window which can be viewed from outside the premises and is six feet or less from the window or is located within a window display area formed by walls or doors that block the view into the main building.

   Figure 1

   The sign area of a double-faced sign or two-sided or three-sided V-type sign not exceeding an angle of 60 degrees shall be calculated on one face of the sign only. The sign area of a four-sided sign is to be calculated as two signs, and the sign area of a triangular, three-sided sign shall be calculated on its largest face.

   (A)   Freestanding sign. The sign area of a freestanding sign shall be calculated by the area defined by the constructed or fabricated cabinet, panel, or frame. If the sign consists of more than one section or module, all areas will be totaled. If the sign does not have a defined cabinet, panel, or frame, or the cabinet, panel, or frame is of an irregular shape, the sign area shall be calculated the same as a wall sign

   ( B)   Wall sign. The sign area of a wall sign shall be calculated by using up to a simple eight-sid ed geometric figure around the advertisi ng message and shall include any framing or border.

   (C)   Marquee sign. The sign area of a marque sign shall be counted toward the total allowable wall sign area of the parallel wall face to which the marquee is attached; the sign area of a marquee sign attached perpendicular to the wall shall be counted toward the allowed sign area of a projecting sign.

   Simple Geometric Figures - Figure 2

   Calculating the Area of a Wall Sign - Examples - Figure 3

Sign with a cabinet or panel - calculate the shaded area.

Sign made up of individual letters mounted on a wall - calculate the area around each word.

Sign painted on a wall - calculate the painted area including the painted background.

   Calculating the Area of a Sign Constructed with Panels or Cabinets - Examples - Figure 4

The sum of the shaded area represents sign area.

   Calculat ing the Area of a Sign Without a Defined Panel or Cabinet or Signs with an Irregular Shape - Examples - Figure 5

The sign area is calculated by using up to a simple eight-sided geometric figure around the advertising message and includes any frame or border. The dotted line represents the calculated sign area.

   Except as otherwise provided in this chapter or in any other applicable ordinance or regulation, no sign or part thereof shall be erected or maintained in any zoning district except in conformance with these general provisions. The general provisions apply to both on-premises and off-premises signs.

   (A)   Location, height, area, and other general requirements.

      (1)   No sign shall be erected or maintained in a required yard except as otherwise provided in this chapter, or encroach upon or overhang any adjacent property or public right-of-way.

      (2)   No sign shall be erected upon or against a roof or on top of the parapet of a building.

      (3)   No sign shall exceed the maximum height permitted for buildings in the zoning district in which the sign is located.

      (4)   Every sign shall be permanently attached to the ground, or to a building or structure which is permanently attached to the ground, except for mobile signs and temporary signs.

      (5)   No sign shall be painted on or attached to rocks, trees, or any other natural object.

      (6)   No sign shall be erected, placed, or maintained in a location that violates the site obstruction requirements for street intersections or entrances or exits from private property.

      (7)   Every freestanding sign permitted on a “per frontage” basis shall be allocated to and be located proximate to the specific frontage which would authorize such sign.

      (8)   The required space between the location of any sign and an abutting residential district shall be as follows:

         (a)   Fifty feet if non-illuminated; or

         (b)   One hundred feet if illuminated.

      (9) No sign shall move, rotate, revolve, or simulate animation by means of spinning, fluttering, or reflective devices or lighting, except a sign may rotate or revolve at a rate not to exceed six revolutions per minute.

      (10)   All freestanding signs must be spaced a minimum of 50 feet apart.

      (11)   No sign shall be erected, placed, or maintained in any location in violation of the zoning regulations of the city.

      (12)   No person shall place, construct, or erect any sign which, by reason of its size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic-control sign, signal, or device, or the light of an emergency or road equipment vehicle.

      (13)   No person shall place, construct, or erect any sign which hides from view any traffic-control sign or signal or device.

   (B)   Freestanding signs. See § 25-2-110 of this chapter.

   (C)   Wall signs. Wall signs are allowed in the C-1, C-2, C-3, M-1, M-2 and PBC Zoning Districts, subject to the following restrictions.

      (1)   The wall sign shall not exceed 25 square feet in sign area per architectural elevation nor be located on the side of the building abutting a residential district or facing a local or collector street when the land across the street is zoned residential.

      (2)   In all other allowed zoning districts, the wall sign shall have a maximum sign area of 500 square feet.

      (3)   No wall sign or wall sign structure shall project into the right-of-way.

 

 

   (D)   Projecting signs. Projecting signs are allowed in the C-1, C-2, C-3, PBC, M-1, and M-2 Zoning Districts, subject to the following restrictions:

      (1)   The projecting sign shall be in lieu of one freestanding sign;

      (2)   The projecting sign shall have a minimum ground clearance of eight feet above the walk or grade below;

      (3)   The projecting sign shall not exceed 100 square feet in sign area; and

      (4)   In the C-1, C-2, C-3, PBC, M-1, and M-2 Zoning Districts, the projecting sign shall not exceed 25 square feet in sign area and such sign shall not be located on the side of the building abutting a residential district or facing a local or collector street when the land across the street is zoned residential.

   (E)   Marquee signs. Marquee signs are allowed in all C, PBC, and M Zoning Districts, subject to the following restrictions.

      (1)   The marquee sign shall be designed so that sign support braces are not visible from street level.

      (2)   The marquee sign shall not exceed three feet in height or the height or vertical thickness of the marquee, whichever is greater.

   (F)   Electronic changeable copy signs. Electronic changeable copy signs are allowed in all R-1, R-2, R-3, R-4, C-1, C-2, C-3, PBC, O-P, M-1, and M-2 Zoning Districts, subject to the following restrictions.

      (1)   The sign area displaying electronic changeable messages shall not exceed 100 square feet of sign area and such sign area shall be included as a part of the total permitted signage for the premises on which it is located.

      (2)   No message on an electronic changeable copy sign shall be animated, except in the C, PBC, O-P, and M Zoning Districts.

      (3)   Transition between messages are permitted but such transitions may only fade, scroll, travel, or reveal, and the transition shall not exceed a duration of one second.

      (4)   Illuminated electronic changeable copy signs shall be equipped with a sensor and/or timer or other device approved by the Director of Development Services to automatically adjust the day/night light intensity levels in accordance with Figure 6 below.

      (5)    The sign in R-1, R-1a, R-1b, R-4, and R-6 Districts shall only be allowed to operate and display for a church or public school or private school and shall not be operated or displayed between 11:00 p.m. and 6:00 a.m. daily.

   (G)   Illumination.

      (1)    In all nonresidential districts, signs may be illuminated, except that the surface illumination of any sign shall not exceed the levels shown in Figure 6 above for different conditions of ambient light.

      (2)    Lighted vending machines are not permitted in view from off the premises in any residential zoning district.

   (H)   Mobile signs. Mobile signs identifying special sales and openings shall be permitted on the premises of a commercial establishment for no more than 60 days in any calendar year in districts where commercial establishments are permitted subject to the following restrictions: the mobile sign shall not exceed 60 square feet of sign area.

   (A)   Off-premises signs are permitted in the PBC, O-P, C-1, C-2, C-3, and M Zoning Districts. Provided, a copy of a signed lease or other verification that the party has permission of the owner of the land upon which the off-premises sign shall be located shall be provided to the Development Services Department.

   (B)   The minimum distance between an off-premises sign and a public elementary or public high school, private school having a curriculum equivalent to a public elementary or public high school, community college, park, or cemetery shall be 600 feet measured in all directions regardless of the zoning jurisdiction in which the public elementary or high school, private school having a curriculum equivalent to a public elementary or public high school, community college, park, or cemetery is located.

 

 

(Ord. 4238, passed 12-3-2018)

   (A)   On-premises in a residential zone on which is situated, a building occupied or used as a church, public community center, library, hospital, lodge, club, school (except nursery school), other educational or charitable institution, or fire station, or on-premises in such a zone which are used by the city as a park or campground, there may be erected a freestanding sign, not exceeding four feet in height above the ground and 40 square feet in area, on which is displayed the name and address of the occupant or user of the premises and its meeting schedule, if any, and which is illuminated by non-flashing and non-blinking lighting which, as determined by the Development Services Director, does not shine directly upon any other premises and does not constitute a traffic hazard.

   (B)   A permitted freestanding sign fronting on an arterial street may include electronic changeable copy if it meets the following conditions and requirements:

      (1)   Total area of the electronic changeable copy sign shall not exceed 75% of the total allowed freestanding sign area; and

      (2)   The electronic changeable copy sign message shall hold for at least three seconds and transition to a new message shall not exceed a duration of one second.

   In all zoning districts, murals, exclusive of any sign area, painted on walls of a building, fence, or similar structure shall be permitted; provided that a permit therefor is obtained from the Development Services Director and that such mural shall not interfere with traffic or present any other hazard or detriment to the public health, safety, or general welfare. The murals shall be maintained properly, to include correcting any peeling or fading of paint, and to repair the mural if maintenance is required.

   In all nonresidential zoning districts, permanent window signs shall be permitted; provided that such signing does not cover more than 25% of the area of any window or door.

   All signs shall be continuously maintained in a state of security, safety, and repair, and shall be painted at reasonable intervals. If any sign is found not to be so maintained or is in need of painting or repair, it shall be the duty of the owner and occupant of premises to repair, paint, or remove the signs within ten days after receiving written notice to do so from the Director of Development Services. If the sign is not so repaired, painted, or removed within such time, the Director of Development Services shall have the power to cause the sign to be removed at the expense of the owner of the premises.

   In a residential zone, signs or nameplates visible from the exterior of the building or structure may be displayed as follows:

   (A)   One nameplate not exceeding one square foot in area, designating the name of the occupants, may be displayed on a single-family dwelling or a duplex;

   (B)   One nameplate not exceeding two square feet in area, designating the name of the building, may be displayed on an apartment or boarding house; or

   (C)   One nameplate not exceeding four square feet in area, designating the name, the occupants, and a meeting schedule (if any), may be displayed on any building not used primarily for residence purposes. All signs or nameplates in such a zone must be placed flat against a building and displayed without illumination, except as otherwise provided in § 25-6-3 of this article.

(Ord. 3639, passed - -2000)

   On-premises in a residential zone, on which is situated a building lawfully occupied or used as a church, public community center, library, hospital, lodge, club, school (except nursery school), other educational or charitable institution, or fire station, or on-premises in such a zone which are used by the city as a park or campground, there may be erected a freestanding sign, not exceeding four feet in height above the ground and 40 square feet in area, on which is displayed the name and address of the occupant or user of the premises and its meeting schedule, if any, and which is illuminated by non-flashing and non-blinking lighting which, as determined by the Development Services Director, does not shine directly upon any other premises and does not constitute a traffic hazard.

(Ord. 3639, passed - -2000)

   In an A District, not more than two signs, which do not exceed a total area of 30 square feet each, may be displayed to show the name of the owner, or the name of the tract of land, or both, or the products produced on the tract of land.

(Ord. 3639, passed - -2000)

   In an O-P District, the following signs designating the name of the building or the name of one or more occupants of the building, or both, may be erected:

   (A)   Signage not to exceed more than 5% of the total wall area or four square feet, whichever is greater, to be located on the street frontage. The sign may not, in whole or in part, project above or be higher than the roof line or parapet. Signs may disclose the name of the building, occupants, and the nature of the occupancy; or

   (B)   One freestanding sign not exceeding 100 square feet in area and eight feet in height above grade. Such signs may be illuminated.

(Ord. 3639, passed - -2000; Ord. 4013, passed - -2010)

(Ord. 3639, passed - -2000; Ord. 4148, passed - -)

   In an M-1 or M-2 District, a billboard or other signs may be erected. In any M-1 District, no attached or extended sign may, in whole or in part, project above or be higher than roof line or a parapet.

(Ord. 3639, passed - -2000)

   (A)   Detached signs not exceeding in height the building height limitation of the zone in which the sign is located may be erected in a front setback area in any zone except a residential or O-P District; provided, signs which conform to the requirements in § 25-6-10 of ths article may be erected in a front setback area in a residential zone.

   (B)   Detached signs shall not:

      (1)   Obstruct or impair pedestrian or motorist vision;

      (2)   Obstruct neighboring signs or adjoining lots or tracts of land; or

      (3)   Be erected within a triangular area bounded by the property lines of the lot or tract abutting two intersecting streets and a line connecting a point on each such property line that is 20 feet from the point of intersection of such lot lines; provided, extending or freestanding signs, the lowest part of which is not less than ten feet above the finish grade may be erected in such triangle area in any zone except a residential or O-P District.

(Ord. 3639, passed - -2000)

   (A)   Upon obtaining a permit from the City Planner, a temporary detached sign may be erected in a C-1, C-2, C-3, M-1, or M-2 District, subject to the following provisions:

      (1)   Such sign shall not exceed 20 square feet in area;

      (2)   Such signs are prohibited in any public right-of-way, including streets, sidewalks, parks, and public facilities;

      (3)   Such signs shall comply with the provisions of § 25-6-8 of this article;

      (4)   The applicant shall pay the fee specified in Chapter 6, Article 6 of this code of ordinances; and

      (5)   The permit shall be conspicuously displayed on the premises.

   (B)   The number of temporary detached signs on a lot is subject to following limitations.

      (1)   A permit may be issued for two temporary detached signs for a period of one year.

      (2)   An additional 30-day permit may be issued for not to exceed three additional temporary detached signs. No more than two such permits may be issued for a lot in a calendar year.

   (C)   No permit shall be required for the following temporary detached signs:

      (1)   Political signs;

      (2)   Signs advertising for an occasional sale of personal property to be conducted at the home of the seller, commonly called a “garage sale;”

      (3)   Signs on property occupied by a church;

      (4)   “For sale,” “sold,” and advertising construction signs as described elsewhere in this chapter; and

      (5)   Signs advertising goods or services offered by a non-profit organization.

(Ord. 3831, passed - -2005)

   Anything in § 25-6-8 of this article to the contrary notwithstanding, the Planning Commission may grant a special permit for the erection and maintenance of one or two subdivision identification signs at each collector or arterial street entrance to a subdivision in a residence zone. The area of such a sign or, if there be two signs, the aggregate area of the two signs at a particular entrance shall not exceed 35 square feet; provided, further, no such sign(s) exceeding 36 inches in height may be erected within a triangular area bounded on two sides by the intersecting right-of-way lines of the two abutting streets and on the third side by a line connecting a point on each such boundary line which is 20 feet from the point of such intersection. The sign(s) shall identify the subdivision by name or symbol only, and may have indirect illumination. The sign shall be maintained in good condition by the owner at all times.

(Ord. 3639, passed - -2000)

   Freestanding signs which conform to the requirements prescribed in § 25-6-3 of this article may be erected as herein provided in a setback area of premises in a residential zone which are of a type described in that section. Such a sign, if erected in a front setback area of a lot or tract of land which is not a corner lot or tract, shall be erected not closer to the front property line than one-half of the distance from the property line to the front setback line or, if the lot or tract of land is a corner lot or tract, shall not be erected within a triangular area bounded by the property lines of the lot or tract abutting the two intersecting streets and a line connecting a point on each such property line that is 30 feet from the point of intersection of such lot lines.

(Ord. 3639, passed - -2000)

   Directional signs not exceeding five feet in height above finish grade may be erected in a front yard setback area in any zone except a residential zone; provided, such signs shall also conform to the requirements in § 25-6-8(A), (B), and (C) of this article.

   (A)   A single “for sale” sign may be erected upon a single lot or tract being advertised for sale in a residence zone, and a single “sold” sign may be erected upon such a lot or tract after sale. Such sign shall not exceed four square feet in area.

   (B)   The Planning Commission may grant a special permit for the erection of a temporary sign or billboard to advertise the sale of lots or tracts of land in a new residence subdivision, subject to the following conditions.

      (1)   The sign or billboard may contain advertising disclosing the name of the developer, the name of a real estate agent selling lots or tracts of land in the subdivision, or the services provided by the developer, but may not contain advertising not pertaining to the sale of lots or tracts of land in the subdivision.

      (2)   A sign or billboard erected or maintained in a unit of a subdivision may not contain advertising pertaining to another unit of the same subdivision.

      (3)   The Planning Commission may not authorize the erection of a sign or billboard which the Planning Commission finds will interfere with or create a hazard to traffic.

      (4)   The Planning Commission may fix the size of the sign or billboard having due regard for the distance it is situated from the street, but in no event may the sign or billboard exceed 120 square feet in area.

      (5)   The sign or billboard may not be illuminated. Such a permit may not be granted for more than one year, but may be renewed by the Planning Commission for periods not exceeding one year each on written application made at least 30 days before the permitted period expires.

(Ord. 3639, passed - -2000)

   A sign or billboard advertising the construction, and a sign advertising the financing of construction, of a new building or structure may be erected upon the premises on which the building or structure is to be constructed for not to exceed one year after the date of the building permit; provided, the Planning Commission may grant a special permit to maintain such a sign for further periods not exceeding one year each on written application made at least 30 days before the permitted period expires. In any area zoned for residential use, the sign or billboard shall not exceed 36 square feet in area. The sign or billboard may state the name of the owner of the premises, the services provided by the owner, and the names of contractors, subcontractors, architects, engineers, and the institution or person by whom construction is being financed in whole or in part, but may not contain advertising or information not pertaining to the premises.

(Ord. 3639, passed - -2000)

   In case of remodeling or repair of a building or structure for which a permit is required, a sign advertising the remodeling or repair, and a sign advertising the financing of remodeling or repair, of the building or structure may be erected upon the premises on which the building or structure is situated for not to exceed 21 days after the date of the permit; provided, the Development Services Director may grant a permit to maintain such sign(s) for a further period not exceeding 30 days on written application made not less than five days before the permitted period expires. In any area zoned for residential use, the sign(s) shall not exceed 16 square feet in area each. The sign(s) may include names of contractors, subcontractors, architects, and engineers, and of the institution or person by whom the remodeling or repair is being financed in whole or in part, but may not contain advertising or information not pertaining to the premises.

(Ord. 3639, passed - -2000)

   If no permit is required for remodeling or repair work being done on a building or structure, a sign or signs of the type and on the premises referred to in § 25-6-14 of this article may be erected and maintained upon compliance with the requirements of this section. An application for a temporary permit for such sign(s) shall be made to the Development Services Director in such form as the Director may prescribe, but no fee shall be payable for the permit. Such a permit shall be effective for a period of 21 days; provided, the Director may grant an extension of the permit for a further period not exceeding 30 days on written application made not less than five days before the permit expires.

(Ord. 3639, passed - -2000)

   Signs that are required by law may be erected without securing a special permit.

(Ord. 3639, passed - -2000)

   (A)   Billboards are allowed only in the zones indicated in Article 3 of this chapter, and within such zones, only in the following locations:

      (1)   On the east or north side of U.S. Highway 26, between East Overland Drive and State Highway 71;

      (2)   On either side of McClellan Expressway (East Bypass Highway 71) north of its intersection with the Burlington Northern Railroad right-of-way;

      (3)   On Avenue I Street north of U.S. Highway 26 to East 42nd Street on both sides of the street;

      (4)   On Avenue I between U.S. Highway 26 and East 42nd Street on both sides of the street;

      (5)   On U.S. Highway 26 between Avenue I Street and going west to 42nd Street (County Road J) on both sides of the highway; and

      (6)   Notwithstanding divisions (A)(1) through (A)(5) above, if the owner of a billboard located in a place where billboards are not allowed by this section removes the billboard, that owner may, subject to the other regulations applicable to billboards, install a billboard in any of the following locations:

         (a)   In any location permitted in divisions (A)(1) through (A)(5) above;

         (b)   On the west side of U.S. Highway 26, south of East Overland Drive extended east; and

         (c)   On the east side of McClellan Expressway (East Bypass Highway 71) between the North Platte River and the intersection with the Burlington Northern Railroad right-of-way.

   (B)   Billboards erected near Highway 26 or Highway 71 must be located within 100 feet of the right-of-way of such highways.

   (C)   No billboard may be erected closer than 300 feet to any R District.

   (A)   The top of a billboard may not be more than 45 feet above the roadway grade level.

   (B)   No billboard may exceed 288 square feet in size.

   (C)   No billboard is allowed at a distance less than 1,000 feet from any other billboard on the same side of the roadway, provided however, that billboards may be placed back to back where the separation of panels does not exceed ten feet.

   (D)   Billboards must be erected on a dark colored monopole.

   (E)   No double faced stacked billboards or billboards placed on top of a building are allowed.

   (F)   All billboards must be maintained in good repair and meet all city and state regulations.

   (G)   In addition to other applicable requirements, an applicant for a permit to erect a billboard shall furnish to the Development Services Department:

      (1)   Footing and structure details and a computer generated drawing of the proposed billboard; and

      (2)   A letter of review of the billboard location from the Nebraska Department of Roads.

   (A)   Illumination. A billboard may be illuminated, provided such illumination is consistent with the requirements for a digital billboard as set forth herein, or is concentrated on the surface of the billboard and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles or any adjacent premises.

   (B)   Appearance. All billboards must be stationary and may not contain any visible moving parts, alternating or moving messages, or have the appearance of having moving parts or messages. Under no circumstances may any type of billboard contain a message or display that appears to flash, undulate, pulse, move, or portray explosions, fireworks, flashes of light or blinking lights, or otherwise appears to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or make other comparable movements.

   (C)   Construction and maintenance. A billboard shall be constructed in such fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes. A billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness, and continued readability.

   (D)   Cap and replacement. Two to one replacement of off-premises billboard signage must be removed for every one square foot installed (see § 25-6-16.4 of this article).

   (E)   Display.

      (1)   The display or message on a digital billboard, of any type, may change no more frequently than once every ten seconds, with a transition period of two seconds or less. Distance between - 5,000 feet.

      (2)   The display or message must otherwise comply with division (B) above and the digital billboard must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light condition consistent with terms of this chapter.

      (3)   Maximum brightness levels for digital billboards shall not exceed two-tenths foot candles over ambient light levels measured within 150 feet of the sign. Certification must be provided to the city demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration shall be annually required by the city, in its reasonable discretion, at the applicant/owners expense to ensure that the specified brightness levels are maintained at all times.

      (4)   Brightness of digital billboards shall be measured as follows:

         (a)   At least 30 minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location;

         (b)   The sign shall then be turned on to full white copy to take another reading with the meter at the same location; and

         (c)   If the difference between the readings is 0.2 candles or less, the brightness is properly adjusted.

   (F)   Other applicable laws. A billboard must comply with all applicable provisions of federal and state law.

   All nonconforming signs shall be brought into compliance when one or more of the following occurs:

   (A)   When the sign is damaged by any means in excess of 60% of its replacement value at the time such damage occurs; or

   (B)   Notwithstanding the above, the owner of an nonconforming off-premises sign with side by side faces in one direction, may replace said sign provided that:

      (1)   The replacement sign shall have not less than 200 square feet or more than 288 square feet per face;

      (2)   The sign structure for the replacement sign shall utilize a monopole design that is structurally rated to accommodate the replacement sign;

      (3)   If the replacement sign is illuminated by reflected lighting, the lighting shall be provided by down lighting methods or in accordance with digital lighting regulations if a digital display face is utilized;

      (4)   The replacement sign shall be located a minimum distance of 150 feet from a residential district, park, or cemetery when facing such district, park, or cemetery; or

      (5)   The replacement sign will be installed within 180 days of the removal of the existing off-premises sign being replaced.

   The intent and purpose of the regulations in this article pertaining to political signs is to allow a maximum of political expression by such means which is compatible with significant interests of the public and of individuals in the protection of the right of privacy of individuals and the quiet and undisturbed enjoyment of property, and which will prevent practices commonly associated with the placement of such signs which are not conducive to the public health, safety, and welfare, including but not limited to trespassing upon private property, placement without permission of the property owner, placement in such manner as to make removal difficult, hazards to traffic because of size, location, or proliferation, aesthetically displeasing impact in residential areas, littering caused by dislodged signs, and delay in removal of non-removal of signs after an election.

(Ord. 3639, passed - -2000)

   Political signs are permissible in any zoning district, subject to compliance with:

   (A)   The restrictions and requirements contained in §§ 25-6-18 through 25-6-24 of this article; and

   (B)   The restrictions and requirements contained in §§ 25-6-2, 25-6-6, and 25-6-8 of this article.

(Ord. 3639, passed - -2000)

   No political sign in any R, O-P, PBC, or A District shall exceed eight square feet in total area; provided a double-faced sign may have such area on both sides. No political sign, unless within a building or enclosed structure, shall have an overall height in excess of four feet. No political sign shall be specially lighted, either directly or indirectly.

(Ord. 3639, passed - -2000)

   No political sign shall be erected or displayed sooner than 45 days prior to the date of the election to which the sign pertains, and every such sign shall be removed by the applicant within ten days after the election.

(Ord. 3639, passed - -2000)

   Nothing in this article shall be interpreted to authorize the posting or display of political signs upon:

   (A)   Private property without the consent of the person(s) in possession or control thereof; or

   (B)   The right-of-way of any public street, alley, or other public way, or upon any property owned by, or in the possession or control of, any governmental subdivision or agency.

(Ord. 3639, passed - -2000)

   If a political sign shall have been placed without compliance or, as the case may be, shall not have been removed in compliance, with an applicable provision in this article, the Development Services Director shall cause written notice specifying the violation and ordering removal of the sign within three days after the date of the order, to be personally served or, as the case may be, mailed to the person(s) who erected the sign, if known or if not known; to the person(s) in possession of the premises, if known or if not known; or to the owner(s) of record of the premises. It shall be unlawful for the person(s) to whom such an order is directed to fail to comply with the order.

(Ord. 3639, passed - -2000)

   The event of refusal or failure to remove a political sign on the part of the person(s) to whom an order to remove the sign has been directed as provided in this article, the Director or Code Administrator II may enter upon the premises and remove the sign if situated in a yard not wholly enclosed within a fence, including a closed gate, and if such entry will not violate any provision in §§ 13-2-9 or 13-2-10 of this code of ordinances. After such officer shall have removed such a sign, he or she shall cause it to be transported to the office of the Department of Planning, Building, and Development, where it shall be held for a period of 30 days, during which it may be claimed and received by a person entitled to possession of the sign, as determined by the Director or Code Administrator II. If the sign shall remain not claimed and received, as provided in this section, after such period, the Director shall cause the sign to be destroyed.

(Ord. 3639, passed - -2000)

   The restrictions and requirements contained in the preceding sections shall not apply to any political sign placed inside a building or enclosed structure.

(Ord. 3639, passed - -2000)

   It is hereby declared unlawful for any person, firm, or corporation to post, print, paint, or in any other manner place upon any sidewalk, crossing or crosswalk, or other way or passage for the use of pedestrians or upon any pavement in any street or alley in the city any placard, sign, advertisement, display bill, letter, or kindred matter of any kind or description, unless permitted by a Planning and Development Official pursuant to § 20-6-1 of this code of ordinances.

(Ord. 4129, passed - -2014)

   It is hereby declared unlawful for any person, firm, or corporation to throw, cast, or put into, drop, or leave in any street, alley, sidewalk, parking, or public place any handbill, poster, or other advertising or printed matter of any kind or description.

   No person or persons shall carry any banner, placard, or advertisement for the purpose of displaying the same in or upon any street, sidewalk, or public place within the city, provided, however, that this restriction shall not apply to banners, placards, or advertisements advertising goods or services offered by a non-profit organization.

   (A)   Unless prohibited by § 25-6-25 of this article, flags and banners of a non-commercial nature may be attached to poles set in concrete or in the ground in a street right-of-way in a non-residential area. All flags, banners, and temporary signs placed pursuant to this section shall:

      (1)   Be securely attached to a pole or cable;

      (2)   Not be hung so as to come in contact with cars parked in designated parking areas or with pedestrians using sidewalks or persons getting in or out of parked vehicles; and

      (3)   Be removed as soon as torn or damaged.

   (B)   Subject to the above restrictions, flags and banners may also be attached to cables attached to poles with the approval of the City Council as long as the flags and banners do not at any point hang less than 12 feet above a city street and are being placed during and in conjunction with an event described in § 20-6-52 of this article.

   (C)   The City Manager, or any city employee designated by the City Manager to enforce the provisions of this chapter, may require a flag, banner, pole, or cable to be removed or modified if it creates a hazard to pedestrians or vehicles.

   It shall be unlawful for any person, firm, or corporation to erect or install any sign, signpost advertisement, signpost, or other form of sign support, or any part thereof, upon or in such manner as to project wholly or in part over the right-of-way of any street or avenue (including but not limited to, any sidewalk or sidewalk area) or alley of the city, or to permit any such sign owned or leased by such person, firm, or corporation to remain, except as hereinafter provided.

   An existing sign which extends over the right-of-way of any street or avenue may be maintained, and a permit may be issued for the erection, remodeling, or replacement of a sign which so extends only if the sign meets, or after remodeling or replacement will meet, all of the following requirements, as determined by the City Planner:

   (A)   The sign is attached only to, and supported only by, a building that is situated on a lot or tract of land concerning which there exists no restrictive building setback line of record, and that also abuts, at the point of attachment of the sign, the right-of-way line of the street or avenue;

   (B)   The sign is situated not less than ten feet above the surface of the sidewalk, or sidewalk area, and no part of the sign projects beyond a point which is perpendicularly above a point that is less than three feet distant from the rear line of the curb or, if there is no curb, from an extension of the rear line of the nearest curb; and

   (C)   The sign is or, as the case may be, will be safe and secure, and will not constitute a hazard to persons or vehicles on the street, avenue, sidewalk, or sidewalk area.

   Before erecting, remodeling, or replacing any sign that will extend over any street, avenue, sidewalk, or sidewalk area, a written permit therefor shall be obtained from the City Planner. In order to obtain such a permit, the person, firm, or corporation wishing to erect remodel or replace the sign shall file with the official a written application for a permit, which application shall provide full information as to size, weight, and character of the sign, its height above the surface of the sidewalk or sidewalk area, and the distance of its outer edge from the rear line of the curb or, if there is no curb, from an extension of the rear line of the nearest curb together with drawings or other data showing the nature and location of the building to which the sign will be attached, and the method of securing and fastening the sign. If the City Planner shall find that the sign will comply with all of the requirements of this article, he or she may issue the permit; otherwise, he or she shall deny the application. Any such permit, if issued, shall be revocable by the City Planner at any time, upon a determination by him or her that the sign does not comply with all the requirements of this article as then existing.

   All such signs shall be periodically inspected by the City Planner. If it appears to the City Planner that any sign is insecure or unsafe, it shall be ordered made safe or removed forthwith by the person maintaining the sign.

   Every sign, sign box, advertisement. or signpost erected or maintained in violation of any of the provisions of this chapter is hereby declared to be a nuisance, and shall be removed by the City Planner at the expense of the owner thereof after one day’s notice to such owner to remove such sign.