A. Purpose: This section is adopted for the following purposes:
1. To encourage the effective use of signs as a means of communication in the City.
2. To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth.
3. To minimize the possible adverse effects of signs on nearby public and private property.
4. To enable the fair and consistent enforcement of the sign restrictions.
5. To maintain the integrity of the original or downtown area of Skiatook.
B. Definitions And Interpretation: For the purposes of this section, the following definitions shall apply:
ADMINISTRATOR: The Community Development Director, Administrator, City Planner or any individual given the responsibilities for enforcement of this section.
ANIMATED SIGN: A sign that uses movement or change in lighting to depict an action or create a special effect or scene for the purposes of drawing attention to a specific location.
BALLOONS, FLOATING DEVICE(S), OR INFLATABLES: A visible airtight or air-flow through apparatus commonly made of latex, mylar, or other similar material that extends by a cord, rope, string, wire, or other similar material. No person shall erect, maintain, or allow the installation of any floating device(s) anchored to the ground, any vehicle, any structure or any other fixed object for the purpose of advertising or attracting attention to a business, commodity, service, sale, or product, except as otherwise permitted in this section. Balloons and all other floating device(s) are prohibited in the City.
BANNER: Any sign of lightweight fabric, vinyl, plastic or similar material that is permanently mounted to a pole or poles at one (1) or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners for the purposes of this section. For the purposes of this section, a banner is considered a temporary sign.
BILLBOARD: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
BRACKET SIGN: A small, pedestrian-oriented sign that projects perpendicularly from a structure.
EXAMPLE OF A BRACKET SIGN
CANOPY SIGNS: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover (excluding a marquee) over a door, entrance, window, or outdoor service area.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this section. A sign on which the only copy that changes is an electric or mechanical indication of the time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign, for the purpose of this section.
FEATHER FLAG: A wind device that contains a harpoon-style pole or staff driven into the ground for support that is used for the purposes of advertising. For the purposes of this section a feather flag is considered a temporary sign.
EXAMPLE OF A FEATHER FLAG
FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
GROUND LEVEL: Immediate surrounding natural grade. Berms used to intentionally modify the grade at a sign base is not considered natural grade.
INCIDENTAL SIGN: A sign (generally informational), that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone" and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
LOT: Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.
MONUMENT SIGN: A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign.
EXAMPLE OF A MONUMENT SIGN
MULTI-TENANT SIGN: A sign containing copy for two (2) or more tenants or occupants located on the same non-residential parcel or in the same non-residential building.
EXAMPLE OF A MULTI-TENANT SIGN
MURAL SIGN: A picture or sign painted on the exterior wall of a building.
NON-CONFORMING SIGN: Any sign that does not conform to the requirements of this section.
NONPROFIT: A corporation or an association that conducts business for the benefit of the general public without shareholders or a profit motive.
OFF PREMISES SIGN: A sign directing attention to a business, profession, commodity, service, or entertainment conducted, sold or offered at the location other than upon the premises where the sign is maintained. This includes but is not limited to, billboard signs.
OFFICE PARK: A project of one (1) or more buildings that has been planned as an integrated unit or cluster on property that is under unified control or ownership.
PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, that is suspended from a rope, wire, or string, usually in series designed to move in the wind.
POLE SIGN: A sign that is supported by one (1) or more poles, uprights, or braces in the ground that is not a part of or attached to the building.
PORTABLE SIGN: Any sign not permanently attached to the ground or to a permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used as advertising; and signs attached to or painted on vehicles parked and visible from the public rights-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
EXAMPLE OF A PORTABLE SIGN
PROJECTING SIGN: Any sign affixed to a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond the surface of such building or wall.
PYLON OR GROUND SIGN: A freestanding sign that is detached from a building and is supported by one (1) or more poles, uprights, masonry base, or braces in the ground and that is not a part of a building. Said sign may include space for multiple tenants.
EXAMPLE OF A PYLON OR GROUND SIGN
REAL ESTATE SIGN: A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.
RESIDENTIAL SIGN: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this title.
RIGHT-OF-WAY: The real property covered by a public highway, street, road, or alley, as well as that land adjacent to such public highway, street, road or alley which has been dedicated for public use, or dedicated to or acquired by a governmental entity, whether the United States of America, the State of Oklahoma, Tulsa or Osage Counties, or the City of Skiatook, Oklahoma, or any political subdivision of such governmental entity, whether by easement, statutory right, dedication, purchase, condemnation or otherwise.
ROOF SIGN: Any sign erected and constructed wholly on or over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SETBACK: The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SHOPPING CENTER: A commercial area consisting of two (2) or more retail businesses providing convenience goods, general merchandise, office, or recreational activities and providing for off street parking adjacent to such activities.
SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
SINGLE OFFICE BUILDING: An office building containing four (4) or fewer tenants.
SNIPE SIGN: An illegal commercial sign posted on a utility pole, street sign, or other street furniture; or any other sign placed within a public right-of-way or public property or on private property such that it is visible from a public street. Snipe signs are generally less than six (6) square feet in size and are made of vinyl, paper, cloth or fabric, polyboard, coroplast, corrugated plastic, poster board, plastic core, cardboard, wood, or plywood and are mounted in the ground with wood or wire framing, posts, or stakes or stapled or taped or attached to utility poles, street signs, or other street furniture.
STREET: A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
STREET FRONTAGE: The distance for which a lot line adjoins a public street, from one (1) lot line intersecting said street to the furthest distant lot line intersecting the same street.
STRIP PLAZA: A linear arrangement of two (2) or more businesses under one (1) or many ownerships or management providing off street parking and consisting of a similar compatible architectural or graphic character or theme.
TEMPORARY SIGN: Any sign intended to display or convey a message of a transitory or temporary nature that is not permanently affixed to a building structure or ground. Said sign may include banners, feather flags, displays constructed of cloth, canvas, fabric, cardboard, plywood or other light material with or without a frame, and is designed or intended to be displayed for a short period of time.
WALL SIGN: A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall. A banner placed on a wall shall not be considered a wall sign.
WINDOW SIGN: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
1. The maximum sign height in the City of Skiatook for pole, pylon, or ground signs shall be thirty five feet (35') unless the sign is within the SH-20 Overlay District. Pole signs shall have a minimum of eight and one-half feet (8.5') of clearance from the ground to the bottom of the sign.
2. Maximum sign height for monument style signs shall be six feet (6') from ground level, unless approved for a greater height by the City Planning Commission.
3. Sign height shall be measured from ground level. Figure 11-11-21.1 of this subsection C illustrates how to measure sign height.
D. Sign Requirements For Commercial, Office And Industrial Districts: The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted for uses authorized in the commercial, office, and industrial zoning districts of the City. In no instance will a sign be allowed to be placed in the public right-of-way. No sign that constitutes a traffic hazard shall be permitted. Pole, pylon and ground signs shall be set back a minimum of fifteen feet (15') from any side property line, unless abutting a residential district in which case the sign shall be set back thirty feet (30') and have a maximum height of ten feet (10'). However, monument style signs may be set back fifteen feet (15') if adjacent to a residential district. The following restrictions also apply:
1. Signs For Single Business Locations (1 Building/1 Tenant):
a. The occupant of a single business structure may have no more than one (1) free standing (pole, pylon, ground, monument) sign on each street upon which the structure fronts. The total area of signage shall not exceed one (1) square foot of sign for every linear foot of street frontage of the applicable building subject to the following restrictions.
b. A single business on one (1) lot may have no more than one (1) wall sign for each street upon which the structure fronts. The total area of signage shall not exceed one and one-half (11/2) square feet of sign for every linear foot of front footage of the applicable building with a maximum wall sign size of three hundred (300) square feet.
c. If the occupant of a single business structure elects to use a wall sign, the wall sign shall not be higher than the roofline or fascia of the building.
d. If the occupant elects to use an animated or changeable copy sign, only one (1) of the signs (wall, pole, pylon, monument, or ground sign), may have changeable copy.
e. If the sign is illuminated, illumination shall be constant, indirect lighting directed away from any adjoining residential use. If said sign is placed between fifty feet (50') and one hundred feet (100') from residential property, then the maximum height shall be ten feet (10'). No flashing, animated, or twinkling signs may be placed any closer than one hundred feet (100') from adjoining residential property.
f. In all cases any illuminated, animated, twinkling, or changeable copy signs shall not exceed 0.5 foot-candle at the property line of adjoining residential property. Sign applications shall include a photometric plan or technical specifications indicating brightness of said signs. Said signs shall operate during normal business hours or until eleven o'clock (11:00) P.M. whichever is the earliest.
g. Illuminated wall signs shall not face residential property.
h. Signs shall only include the professional or occupational nameplate that includes only the name and/or address and occupation of the occupant, or name of the business, firm, or company.
i. Pole, pylon, or ground signs shall be limited to thirty feet (30') in height and one hundred (100) square feet in area. If the lot or tract has a frontage in excess of one hundred (100) linear feet, additional area may be allowed on each side of the sign equal to thirty percent (30%) of the front footage in excess of the first one hundred feet (100') of said tract or lot up to a maximum of one hundred fifty (150) square feet.
j. All illuminated, animated, or changeable signs in direct view of traffic signals shall not contain lighting that is red, green, or amber, and shall be illuminated only during business hours or until eleven o'clock (11:00) P.M. whichever is the earliest.
k. No sign shall be located within a sight triangle formed by two (2) curb lines (or edge of street) at the intersection of two (2) streets and extending for a distance of fifty feet (50') each way from the intersection of the curb lines (or edge of street) on any corner.
l. Any sign closer than fifty feet (50') to residential property shall be a monument sign and the side facing the residential property may not be changeable copy, animated, or twinkling.
2. Signs For A Single Office Building (With 4 Or Fewer Tenants):
a. Each business within a single office building that has an exterior entrance shall be allowed one (1) wall mounted sign no larger than four (4) square feet adjacent to the entrance and subject to the total sign square footage limitations and requirements set in subsection D1 of this section.
3. Signs In Strip Plazas, Office Parks, And Shopping Centers:
a. Strip plazas, office parks, and shopping centers shall be allowed one (1) sign on each street upon which the structure or structures front. Multiple signs for individual businesses shall not be allowed. The intent of this is to consolidate businesses on one (1) sign. The maximum height for all pole, pylon, or ground signs in strip shopping plazas, office parks, and shopping centers shall be thirty five feet (35'). The maximum size of the sign for the shopping center name shall be one hundred fifty (150) square feet, plus a maximum of sixteen (16) square feet for each additional tenant in the case of multi-tenant signs. The overall allowed square footage shall be three hundred (300) square feet. The minimum clearance from the ground must be no less than eight and one-half feet (81/2'). Signs shall not be placed within any right-of-way.
b. Each individual business within the strip plaza, office park, or shopping center shall be allowed to display one (1) wall sign. The size of the wall sign shall be computed by taking the length of the wall of the tenant's leased area and multiply it by 1.5 (the length of the wall in linear feet times 1.5 = total square feet allowed for sign). The maximum square footage wall sign allotment shall not exceed one hundred fifty (150) square feet. For strip plazas that are "L" shaped or have an end unit, one (1) wall sign may be permitted for each wall face of the end unit.
c. For any illuminated, animated, or changeable copy sign, all applicable provisions of subsection D1 of this section shall apply.
E. Residential Signs: The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted for use within the residential, apartment, and manufactured housing zoning districts of the City.
1. Subdivision Entrance Signs: In single-family detached residential developments that have an approved plat of record, two (2) signs may be placed at the entrances to the subdivision. Said signs shall be permanent signs constructed of brick, stone, concrete, or other similar material and shall contain only the name of the subdivision. The sign may be indirectly lighted and shall not produce glare that would impact the vision of motorists. The Planning Commission must approve height and size of the sign, as well as the setback distance from the road right- of-way. No subdivision entry sign may be placed within the ultimate right-of-way area of an arterial road.
2. Temporary Real Estate Signs:
a. In residential districts, one (1) temporary sign identifying the property for sale shall be permitted per property. Said signs shall not exceed the dimensions of two feet by three feet (2' x 3'), with a total maximum sign face area of six (6) square feet, with a maximum of two (2) faces on a single plane of material. The maximum height of said signs shall be five feet (5') and said signs shall be set back no less than five feet (5') outside of the right-of-way. A banner may be placed on a fence of the subject property no greater than twelve (12) square feet in size advertising a home or property for sale. All signs shall be removed within fourteen (14) days of the sale, lease or rental of the property.
b. Two (2) temporary signs conveying information about new residential subdivisions are permitted. Signs shall be limited to twenty four (24) square feet in area and shall be placed on the property where the new subdivision is being developed. Signs shall not be allowed on any right-of-way. Signs shall be removed within one (1) year of issuance.
c. One (1) real estate sign not exceeding four (4) square feet in area located on the private property on the premises of the sale. Additionally, one (1) directional, open house, or real estate sign not exceeding four (4) square feet in area may be placed at each entrance to the subdivision in which the property for sale is located; however each real estate company may only display one (1) sign at each entrance. Any such sign shall not be placed in the public right-of-way, shall not be placed or located farther than the nearest major arterial roadway from the site of the sale. Open house signs shall be removed the day after the open house was conducted.
d. In commercial, industrial, office, or agriculturally zoned districts, one (1) real estate sign may be placed on said property but may not exceed thirty two (32) square feet of display area and shall be no more than eight feet (8') in height. All signs shall be removed within fourteen (14) days of the sale of the property. All other requirements of this section shall apply.
3. Temporary Contractor Signs: For contractors performing remodeling or site improvement work for individual properties in residential districts, one (1) sign measuring two (2) square feet may be placed in an area located on the property upon which the house is located. Said sign must be removed once the work is completed. Said signs may not be placed within the right-of-way.
F. Civic And Non-Profit Signs: The following types of signs, subject to limitations prescribed for them, shall be the only signs permitted for use by places of worship, schools, clubs, and other nonprofit organizations located within the City. In no instance will a sign be allowed to be placed in the public right- of-way.
1. Pole, Monument, Pylon/Ground Signs: Each civic organization shall be allowed one (1) sign per location. Sign size, height and placement shall follow the restrictions outlined in subsection D1 of this section.
2. Wall Signs: Each civic organization may have one (1) wall sign. The total area of the signage shall not exceed one and one- half (11/2) square feet of sign for every foot of front footage of the applicable building.
3. Changeable Copy Sign: In lieu of the ground sign set out in subsection F1 of this section, the civic organization may have a changeable copy or animated sign.
4. Illuminated, Animated Or Changeable Copy Signs: For any illuminated, animated, or changeable copy sign, all applicable provisions of subsection D1 of this section shall apply.
G. Temporary Signs: Temporary signs, which may include but are not limited to banners and feather flags, cannot be a portable sign, affixed to a portable sign or any type of utility apparatus and shall not exceed twenty four (24) square feet in size nor be higher than six feet (6') for a banner and eight feet (8') for a feather flag. The following requirements apply to temporary signs:
1. Placement: No temporary sign may be placed in the right-of-way or placed in such a way as to block the view of motorists. Signs may not be placed in the sight triangle as described under subsection D1k of this section. Temporary signs may be placed on the building of the business, on the property of the business, or on another element that is part of the business, such as fencing or on the structure supporting an existing permanent sign. No sign, temporary or permanent, may be placed within fifteen feet (15') of a fire hydrant.
2. Single Businesses Including Multi-Family Complexes: Each place of business is allowed two (2) temporary signs, but only one (1) sign may be properly staked or mounted in the ground.
3. Strip Shopping Centers And Multi-Tenant Buildings: Each leased space or business within the strip shopping center is allowed one (1) temporary sign. Said sign may be placed along the street frontage or on the building itself.
4. Temporary Signs As Permanent Signs: A temporary sign may be used as a permanent sign for a period not to exceed one (1) year after the issuance of the occupancy permit. After this period has expired said sign must be replaced with a permanent sign and an application for a sign permit submitted and approved. For the Downtown Area (businesses located between N. Osage Avenue and N. "B" Street on W.C. Rogers Boulevard) a permanent sign must be installed six (6) months after the issuance of an occupancy permit. The Administrator may grant an extension if the applicant provides in writing the reason for the request and an estimated time by which they will have a permanent sign.
5. Multiple Smaller Temporary Signs: Smaller temporary signs that are less then twenty four (24) square feet in size may be grouped together so long as the cumulative square footage of all the signs does not exceed twenty four (24) square feet. Said signs may not be scattered around the building or lot, but must be grouped together.
6. Mural Signs: Any mural sign painted on a building must be approved by the City Council (see figure 11-11-21.2 of this subsection).
7. Non-Profit Organizations: Nonprofit organizations may include, but are not limited to, places of worship, civic organizations, youth sports organizations, rotary clubs and, veteran centers. Each lot on which the non-profit is located is allowed two (2) temporary signs, but only one (1) sign may be staked or mounted in the ground. Non-profit organizations may place one (1) off- premises temporary sign on another property with the owner's permission. However, this will restrict the recipient parcel from adding additional temporary signs as part of the allowances as described above. Signs may not be placed in the sight triangle as described in subsection D1k of this section or with the public right-of-way.
8. Sandwich Boards: Sandwich boards are permitted in the Downtown Area (see subsection S, "Downtown Area", of this section).
H. Exempt Signs: The following signs are exempt from provisions of this section:
1. Official public notices and notices by public officers in the performance of their duties.
2. Governmental signs for the control or direction of traffic and other regulatory purposes.
3. Flags or emblems of the United States, the State of Oklahoma, or their political subdivisions. The flag shall not exceed sixty (60) square feet in area and shall be flown from a pole, the top of which is more than forty feet (40') in height. Feather flags may be used for the sole purpose of expressing patriotism or for a celebration or holiday decoration. A maximum of two (2) feather flags of this type would be permitted per lot.
4. Memorial plaques, cornerstones, historical tablets, and the like.
5. Signs not legible off the lot upon which they are situated, such as drive-up menu boards at drive-in eating places.
6. Corporate or commercial flags (figure 11-11-21.3 of this subsection) are permitted so long as they do not extend more than five feet (5') above the roofline of the building and are no more than fifteen (15) square feet in area. Corporate flags may not advertise a specific product or service for sale. Said flags must be spaced at least ten feet (10') apart. A maximum of eight (8) corporate flags may be placed on any one (1) lot or structure.
EXAMPLE OF CORPORATE FLAGS
7. Small illuminated or non-illuminated incidental signs such as directional signs, not exceeding four (4) square feet in surface area or higher than four feet (4'). Said signs may not be snipe signs.
8. Small temporary signs placed adjacent to menu boards, entrances to buildings, or in the landscape bed adjacent to the building foundation. Said signs shall be within fifteen feet (15') of the building foundation. Said signs shall be no greater than three (3) square feet. In no instance shall these signs be placed in parking lot islands or in any yard adjacent to the public street right-of-way.
9. Light pole bracket signs are signs placed on light poles located on interior parking lots of commercial developments. Signs shall be placed in a metal frame and the sign shall be no greater than ten (10) square feet (see figure 11-11-21.4 of this subsection) and a minimum of eight feet (8') high from finished grade. Signs greater than ten (10) square feet shall be deemed a temporary sign and regulated accordingly. Light poles shall be structural rated to allow for the sign.
10. Political signs. Political signs, not exceeding sixteen (16) square feet in area, which make known the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than thirty (30) days before the primary election and are to be removed no later than seven (7) days following the general election. No political sign shall be placed in the public right-of-way. Political signs shall not be placed on any private property without the express permission of the owner or occupant of such property.
11. Public information signs include signs such as a gateway entry sign to the City or other jurisdiction or a sign identifying a public park or other public facility.
12. Real estate signs (see subsection E2, "Temporary Real Estate Signs", of this section).
13. Signs placed on single family residential lots that are designed to communicate school pride or recognize an individual athlete, cheerleader, etc., who attends a local school.
14. Signs that are shrink-wrapped on personal vehicles.
15. Garage sale sign. One (1) garage sale sign not exceeding four (4) square feet in area located on the private property of the premises where the sale is conducted. Additionally, one (1) directional or sale sign may be placed at each entrance to the subdivision in which the sale is located, provided the sign announces only the address and date of the sale being conducted. One (1) additional sign may be posted on each side of the community board (located on the corner of East 3rd Street and South "A" Street). Any such sign shall not be placed in the public right-of-way, or located farther than the nearest arterial roadway from the site of the sale, and shall not be posted for more than three (3) consecutive days. All signs shall be removed within twenty four (24) hours of the conclusion of the sale.
16. Temporary signs at sports fields and on sports field fences do not require permits and will not be required to follow the provisions of this section. However, said signs shall require approval through user agreements.
17. Gas price signs as long as they only display the price of gasoline and nothing else. Said sign must not be located within a public right-of-way. Gas pricing signs shall not count against the temporary sign allowances.
1. Intent: Signs that were legally in existence prior to the adoption of this section that do not conform to the provisions of this section are declared nonconforming signs.
2. General Nonconforming Sign Provisions: Subject to the exceptions hereinafter set forth, any nonconforming sign(s) may be continued in operation and maintenance after the effective date of this section; provided, that nonconforming sign(s) shall not be:
a. Changed to or replaced with another nonconforming sign.
b. Structurally altered so as to extend their useful life.
e. Reestablished after damage of more than fifty percent (50%) of the value at the time of such damage or destruction.
f. Modified in any way that would increase the degree of nonconformity of such sign.
3. Improvements: Nothing in this section shall prevent the strengthening or restoring to a safe condition of any portion of a sign or structure declared unsafe by the Administrator. Such signs may be improved only to the extent that such improvement does not exceed fifty percent (50%) of the current market value of the existing sign structure.
J. Termination Of Nonconforming Signs:
1. Any non-conforming sign or sign structure that is partially destroyed by fire, accident, or natural cause beyond fifty percent (50%) of its current market value shall thereafter be removed or reconstructed in conformance to the provisions of this section.
2. Any non-conforming sign or sign structure that is improved or altered to comply with provisions of this section shall thereafter be considered as conforming.
3. Any nonconforming on-premises sign shall be removed or brought into compliance with this section immediately upon a change in the principal use or ownership of the site.
a. Off premises signs that carry a commercial message.
b. Signs that are not securely affixed to the ground, or are not otherwise affixed in a permanent manner to an approved supporting structure.
c. Portable signs (see figure 11-11-21.5 of this subsection) are prohibited; however, one (1) such sign existing on the property before the passage of this section may continue. For said signs to continue, they must be maintained in good working order and wired properly with conduit and a weatherproof GFCI. Signs shall not be wired with an extension cord. If such a sign is destroyed by vandalism, vehicle accident, or act of nature, it may not be replaced. No such sign may be placed in a position to obscure the view of motorists or inside City right-of-way or on any utility easement. Portable signs in excess of one (1) shall be removed.
EXAMPLE OF A PORTABLE SIGN
d. Bracket or projecting signs (exception, see subsection S, "Downtown Area", of this section).
g. No sign or other device regulated by this section shall be erected or shall continue to be displayed in such a manner as to obstruct the free and clear vision of vehicle drivers; or at any location where, by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic or government sign, signal, or device; or that makes use of the words "stop", "look", "danger", or any word, phrase, symbol, or character with such a manner as to interfere with, mislead, or confuse traffic.
h. No sign or advertising device shall be erected on, be placed on, projected, or overhang any right-of-way, walkway, street, alley, or easement (exception, see subsection S, "Downtown Area", of this section).
i. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this section.
j. No signs shall be placed on any private property without the consent of the owner thereof.
k. No signs shall be placed or painted on any tree or rock.
l. No signs shall be placed on any utility pole except for utility identification or similar purposes.
m. Balloons, floating devices and inflatables.
n. No portable, mobile, vehicular or snipe sign shall be permitted within the City, and no motorized vehicle or trailer shall be parked upon public or private property within the City for the obvious purpose of advertising, provided that commercial vehicles may be identified only by business name, type of business, business address, business telephone number, and contractor's State/County/City license number when required. Shrink wrapped signs on personal vehicles are exempt (see subsection H, "Exempt Signs", of this section).
o. Signs placed on public sidewalks except as noted in subsection S, "Downtown Area", of this section.
2. Placing Signs On Public Property: No signs shall be allowed on public property except for the following:
a. Permanent signs, including:
(1) Public signs erected by or on behalf of a governmental body to post legal notices, identify public information, and direct or regulate pedestrian or vehicular traffic.
(2) Bus stop signs erected by a public transit company that contain no commercial message.
(3) Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
(4) Public information signs as described in subsection H of this section.
b. Temporary signs for which a permit has been issued in accordance with this section that shall be issued only for signs containing no commercial message.
c. Emergency signs, including emergency warning signs erected by a governmental agency, public utility company or a contractor doing authorized or permitted work within the public right-of- way.
L. Structural Requirements: All signs shall comply with the pertinent requirements of the International Building Code and the National Electrical Code.
M. Sign Maintenance: All signs permanent, temporary, or otherwise shall be maintained in good working order at all times. Torn or tattered temporary signs shall be replaced or removed immediately. Lighted signs shall have all bulbs and fixtures in working order.
N. Unified Sign Plan: A Unified Sign Plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location, and design on the property being developed as a unit. The purpose of the USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of this Code. The intent of the USP section is to provide for some flexibility in the sign criteria of this Code that promotes superior design through architectural integration of the site, buildings, and signs. The USP shall not be used to circumvent the provisions of this Code and shall not be used for single lot developments.
National or international franchises shall be given reasonable consideration with respect to company standard logos and lettering styles that are an integral part of the franchise image and identity. The consideration shall not be without restriction and shall be within the boundaries of sound zoning practice and planning, and in harmony with the general purpose and intent of the USP.
All unified sign plans are subject to the following:
1. All USPs shall include location, size, height, construction material, color, type of illumination, and orientation of all proposed signs.
2. All USPs shall be reviewed by the City of Skiatook Planning Commission and shall conform to all conditions imposed by said commission prior to the issuance of a sign permit.
3. USPs shall include all signage to be located within the perimeters of the subject site whether in excess of the provisions of this Code or not.
4. USPs may not propose a total sign square footage exceeding three (3) square feet of signage per every one (1) linear foot of street frontage of subject property.
5. USPs may not include any prohibited sign.
O. Inspection, Removal, And Safety:
1. Inspection: All signs shall be inspected periodically by the Administrator/Code Enforcement Officer for compliance with this section.
2. Maintenance: All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition.
3. Removal Of Sign: The inspector shall give written notice of the removal of any permanent sign erected or maintained in violation of this section. Upon failure to comply with this notice, the inspector shall issue a summons to the owner into Municipal Court. Temporary signs erected or maintained in violation of this section may be removed by the inspector without notice. The inspector shall remove any sign immediately and without notice if the sign presents an immediate threat to the safety of the public. Any sign that is not in compliance with this section may be removed by the City. Any sign removal shall be at the expense of the property owner.
1. Permit And Fee Requirement: All permanent signs permitted under this section shall require a permit.
2. Application For Permit: The permit application shall contain:
a. Location of the sign structure;
b. Name and address of the sign owner and company;
c. A drawing showing the design, location, materials, and colors of the sign;
d. Pertinent information as may be required to ensure compliance with this section and requirements of the City; and
e. Applications shall be on forms provided by the City.
3. Fee Establishment: Fees for sign permits are one dollar ($1.00) per square foot, with a minimum of thirty dollars ($30.00). All signs over six feet (6') in height are an additional twenty dollars ($20.00) per foot over the original six feet (6') limit established in this section.
4. Nullification: A sign permit shall become null and void if:
a. The work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit; or
b. The sign varies in any respect from the approved design or location.
5. Permit Exceptions: The repairing, cleaning, and other normal maintenance to prolong the life of the sign as originally approved shall not be considered as creating a sign and does not require a sign permit.
6. Unified Sign Plan: Requires Planning Commission approval and application fee of four hundred dollars ($400.00).
Q. Administration And Penalties:
1. Enforcement: The Administrator is hereby authorized and directed to enforce all the provisions of this section. Upon presentation of proper credentials, the Administrator may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon them by this section.
2. Penalties: Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. Each day's continuance of violations shall be considered a separate offense. The owner of any sign, building, or premises, or part thereof, where any matter in violation of this section shall be placed, or shall exist, and any person who may have knowingly assisted in the commission of any such violation, shall be guilty of a separate offense.
1. Any person served with a notice of violation shall have the right to appeal to the Planning Commission. The Planning Commission shall hear each duly filed appeal and decide whether to affirm, amend, or reverse the notice of violation or other action appealed. In doing so, the Planning Commission may interpret the provisions of this section.
2. An appeal shall be in writing and shall be in such form and provide such information as the Planning Commission may require. An appeal must be delivered to the Office of the City Clerk within ten (10) days from the date of service of the notice of violation. Only those matters of issues specifically raised by the appellant in the written appeal shall be considered in the appeal hearing.
3. The timely filing of an appeal to the Planning Commission shall stay enforcement of the notice of violation or action appealed, including abatement, until the appeal is finally determined. Failure of a person entitled to appeal under this section either to make appeal or to timely file their appeal shall constitute a waiver of their right to an administrative hearing and adjudication of their complaint, and such person will be unable to deny the validity of any order or action that could have been timely appealed.
S. Downtown Area: The following are special requirements covering signage in the Downtown Area. The Downtown Area shall be defined by the following boundary: Osage Avenue on the west, B Street on the east, 2nd Street on the north, and 3rd Street on the south.
1. No pole signs, banners, or feather flags.
2. Wall signs are permitted but may not take up more than twenty five percent (25%) of the wall area, including window area, on which the sign is placed.
3. Neon lighting is prohibited.
4. Canopy signs are permitted with a maximum of sixteen (16) square feet of sign area.
5. Window signs are allowed if they are semi-opaque in nature and the sign area does not cover more than twenty five percent (25%) of the window.
6. Decorative flags hung diagonally off the building face are permitted so long as they do not convey an advertising message. One (1) flag may be erected that says "open" or "closed". Flags shall be spaced a minimum of six feet (6') apart and shall have a dimension of no greater than six (6) square feet. A clearance of eight feet (8') shall be maintained from the lowest point of the flag with the ground. Said flags shall not require a permit.
7. Sandwich board or "A" frame signs are permitted so long as the maximum height is limited to forty two inches (42"). Said signs may not reduce pedestrian sidewalk width to less than five feet (5').
8. All other signage is subject to the restrictions of this section.
T. SH-20 Overlay District:
1. Maximum sign height of any sign within the SH-20 Overlay District shall be twenty five feet (25').
2. Maximum sign area for pole, pylon, ground, or wall signs shall be one hundred fifty (150) square feet for a single tenant.
3. All other requirements shall be subject to the restrictions of this section.
U. Variances: Variances from the Sign Code shall only be approved by the Board of Adjustment. In the case of a variance the presence of a hardship must be proven. (Ord. 2017-03, 6-13-2017)