Any sign or other street graphic not expressly permitted by this section shall be prohibited within the corporate limits of the city.

   (A)   Calculation of sign area. The area of every sign shall be calculated as follows.

      (1)   If a sign is enclosed by a box or outline, the total area (including the background) within that outline shall be deemed the sign area.

      (2)   If a sign consists of individual letters, parts or symbols, the area of the one imaginary square or rectangle which would completely enclose all the letters, parts or symbols shall be deemed the sign area.

      (3)   In calculating sign area, only one side of any double-faced sign shall be included.

      (4)   The area of signs of unusual shapes, such as globes, cylinders or pyramids, shall be computed as one-half of the total of the exposed surfaces.

   (B)   Sign area allowance.

      (1)   Within the limitations and restrictions as further provided in this section, the total of the areas of all signs which a particular establishment is permitted to display shall be computed in accordance with the following formula: one and one-half square feet of sign area per one foot of lineal street frontage for the first 100 feet of the frontage, plus one additional square foot of sign area per one foot frontage in excess of 100 feet. Except as otherwise provided herein, no establishment in any zoning district shall display more than 400 square feet of signs.

      (2)   (a)   If any establishment has frontage on two or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this section. However, the sign area allowances shall not be aggregated so as to allow any establishment to display on any one frontage a greater area of signs that this section would otherwise permit.

         (b)   The side of an establishment adjacent to an off-street parking area shall not be deemed frontage unless the establishment has no other frontage.

   (C)   Movement permitted. Any sign or other street graphic that revolves, rotates or mechanically moves in any manner shall not obstruct pedestrian or vehicular traffic in any fashion and shall not be constructed so as to be unsafe in any manner.

   (D)   Illumination. Illumination of signs and other street graphics is permitted, subject to the following requirements.

      (1)   Only white light is permitted in residential zoning districts and within 200 feet thereof.

      (2)   No red, yellow, green or other color light shall be used at any location in such a manner as to confuse or interfere with vehicular traffic.

      (3)   No sign shall have blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color; provided that, this section shall not apply to any message on any electronically operated changeable copy sign. Beacon lights and illumination by flame are prohibited.

      (4)   The light from any illuminated sign or other street graphic shall be shaded, shielded or directed so as to avoid the creation or continuation of any nuisance or traffic hazard.

      (5)   No exposed reflective type bulb, and no strobe light or incandescent lamp which exceeds 15 watts, shall be used on the exterior surface of any sign in such a manner as to expose the face of the bulb, light or lamp to any public street or to adjacent property.

   (E)   Street signs and graphics not to be hazardous.

      (1)   No sign or other street graphic shall be erected, relocated or maintained so as to prevent free access or egress from any door, window, fire escape or driveway of any establishment.

      (2)   No sign or other street graphic shall be erected or maintained in such a manner that it interferes with, obstructs the view of or is likely to be confused with any authorized traffic sign, signal or device. Accordingly, no street graphic shall contain the words “stop”, “go”, “caution”, “danger”, “warning” or similar words.

   (F)   Structural and maintenance requirements.

      (1)   Every sign or other street graphic shall be designed and constructed in conformity with the applicable provisions of this chapter.

      (2)   The electrical component of any illuminated sign or other street graphic shall conform to the applicable requirements of this chapter and to all requirements of the National Electrical Code, the International Building Code (2006) and the International Property Maintenance Code (2006).

      (3)   Every sign or other street graphic shall be maintained in a neat and attractive condition by its owner. The street graphic supports shall be kept painted/treated in order to prevent rust or deterioration.

      (4)   Except as provided for portable signs, any free-standing sign shall be made permanent and anchored by screw-in bolts and/or by a concrete footing to a depth of not less than 30 inches below the soil surface.

(1994 Code, § 155.130) (Ord. 429, passed 1-11-1993; Ord. 96-10, passed 7-8-1996)

   (A)   Prohibited street graphics. The following street graphics are strictly prohibited within the corporate limits of the city:

      (1)   Signs attached to trees or public utility poles, other than warning signs issued by public utilities, or except with written consent of the affected public utility; and

      (2)   Defunct signs, including the posts or other supports therefor, that advertise or identify an activity, business, product or service no longer conducted on the premises where the sign is located, or which describes another location. However, nothing in this section shall be construed to prohibit an extension of time as granted by the Code Enforcement Officer as requested by owners in consideration of location or establishment of new business.

   (B)   Permitted street graphics. Every sign or other street graphic enumerated in this division (B) that complies with the indicated requirements may be erected in any zoning district of this city without a permit. The area of these signs or street graphics shall not be debited against the displaying establishment’s sign area allowance:

      (1)   Construction signs identifying the architects, engineers, contractors and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. The signs shall not exceed 32 square feet in area, shall be confined to the site of the construction and shall be removed after the construction has been completed;

      (2)   Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways and similar features or facilities. The signs shall not exceed three square feet in area;

      (3)   Flags of any country, state or unit of local government;

      (4)   Garage sale/auction signs advertising a garage or yard sale or public auction. The signs shall not exceed four square feet in area and shall not be posted for longer than five days;

      (5)   Governmental or public signs such as traffic-control signs, city welcome signs, civic organizational signs, railroad crossing signs, legal notices, signs indicating the location of underground cables and the like;

      (6)   Holiday decorations such as Christmas lights and ornaments; provided that, such decorations must be removed within a reasonable time after the holiday;

      (7)   Home occupation signs identifying only the name and occupation of the resident. Home occupation signs shall be non-illuminated and shall not exceed four square feet in area;

      (8)   House numbers and/or name of occupant signs located on the lot to which the sign pertains. The signs shall not exceed three square feet in area for single-family dwellings, nor six square feet for multiple-family dwellings;

      (9)   Institutional signs for a public, charitable or religious institution. The signs shall be located on the premises of the institution, shall not obstruct the vision of motorists and shall not exceed 60 square feet in sign area;

      (10)   Integral signs carved into stone or inlaid so as to become part of the building, and containing the information as date or erection, name of buildings and memorial tributes;

      (11)   Interior signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings; provided, the signs are not visible from the exterior of the buildings;

      (12)   Political campaign signs announcing candidates seeking public office and/or political issues and other pertinent information. The signs shall be confined to private property. In the agricultural district and in any residential district, political campaign signs shall not exceed 16 square feet in area; in other districts, the signs shall not exceed 32 square feet. Political campaign signs shall be removed within seven days after the election to which they pertain;

      (13)   Property regulation signs such as no trespassing, no hunting, no fishing and the like. The signs shall not exceed three square feet in area;

      (14)   Public interest signs publicizing a charitable or non-profit event of general public interest. The signs shall be erected only on private property. In the agricultural district and in any residential district, the signs shall not exceed 16 square feet in area; elsewhere, the signs shall not exceed 32 square feet. Public interest signs shall be permitted only for 14 days before and seven days after the event;

      (15)   Real estate signs indicating the sale, rental or lease of the premises on which they are located. The signs on residential property shall not exceed six square feet in area; on other property the signs shall not exceed 16 square feet. Not more than one real estate sign per street front shall be erected on any lot. The signs shall be removed within 30 days after the sale, rental or lease;

      (16)   Residential development identification structures at major entrances designed to identify a residential subdivision, apartment complex or planned unit development; containing no commercial advertising; and not exceeding 40 square feet in area;

      (17)   Mobile/portable signs utilized for any purpose or street banners advertising a public entertainment or event. Street graphics may be placed only in locations approved by the Code Enforcement Officer during the period 21 days before the seven days after the event. If a mobile/portable sign is utilized for any purpose for more than 60 continuous days, the owner shall be required to conform to free-standing sign provisions and make such permanent pursuant to division (F)(4) below or remove the same;

      (18)   Utility company signs that serve as an aid to public safety or that show the location of public telephones, underground cables and the like;

      (19)   Murals or other non-commercial artistic public graphics;

      (20)   Commercial banners. Any banner placed on the property of an establishment located in a B-1 or B-2 District; provided that:

         (a)   Such shall not interrupt the free flow of pedestrian or vehicular traffic;

         (b)   Such shall not be placed in the public right-of-way; and

         (c)   No establishment shall have more than two such commercial banners erected at any one time.

      (21)   All establishments located more than 250 feet from a designated state highway may, with the permission of the land owner, construct an off-premises sign directing the public to such establishment. Such off-premises signs placed in residential districts shall be limited to four square feet and such off-premises signs placed in all other districts shall not exceed 12 square feet in sign area. No business shall have more than two off-premises signs.

   (C)   Signs in agricultural district or residential district limited. No signs or other street graphics except those listed in division (B) above shall be erected in any agricultural district or in any residential district within the corporate limits of the city to § 155.152(C)(1) of this chapter.

   (D)   Signs in business, industrial districts limited. No establishment located in any business district or industrial district shall display a total area of signs in excess of its sign area allowance. Further, all signs in any business district or industrial district shall conform to the requirements indicated below.

      (1)   Flush-mounted signs. For aesthetic and safety reasons, flush-mounted signs are the preferred type of sign in the city. No flush-mounted sign shall:

         (a)   Project more than 18 inches from the wall or surface to which it is attached (if the wall/surface is not vertical, the projection shall be measured from the closest point of the wall/surface to the sign); or

         (b)   Extend more than three feet above the roof line of the building to which it is attached.

      (2)   Projecting signs. No establishment in any zoning district shall display more than one projecting sign on any street front. No projecting sign shall:

         (a)   Project more than four feet from the building to which it is attached;

         (b)   Extend more than three feet above the roof line of the building to which it is attached;

         (c)   Project over a street, alley or driveway, or closer than two feet to the curb or edge of the vehicular driveway;

         (d)   Extend below a point eight feet above the ground or pavement;

         (e)   Extend above a point 35 feet above the ground or pavement; or

         (f)   Exceed 32 square feet in area.

      (3)   Signs on awnings, canopies or marquees. Signs mounted flush against any awning, canopy or marquee shall be considered flush-mounted signs, and shall comply with the regulations of division (D)(1) above. Signs suspended beneath any awning, canopy or marquee shall be considered projecting signs, and shall comply with the regulations of division (D)(2) above.

      (4)   Window signs. Any establishment may display window signs. Permanent window signs shall be debited against the displaying establishment’s sign area allowance, but temporary window signs shall not.

      (5)   Shopping center identification signs. A shopping center, as an entity, may erect an identification sign in accordance with the provisions of this chapter if the total gross floor area of all the establishments located in the center exceeds 50,000 square feet. A shopping center identification sign shall not exceed 200 square feet in area.

      (6)   Free-standing signs. Not more than two free-standing signs shall be displayed on any street front of any lot. All free-standing signs shall comply with the following regulations.

         (a)   No part of any free-standing sign shall intrude into or project over any public right-of-way or otherwise obstruct view of traffic by motorists.

         (b)   No free-standing sign (including shopping center identification signs) shall exceed 200 square feet in area or 20 feet in any dimension.

         (c)   When attached to a post or other supports, the top edge of a free-standing sign shall not extend more than 35 feet above the ground or pavement.

      (7)   Roof-mounted signs. Roof-mounted signs are strictly prohibited everywhere in the corporate limits of the city, except in the industrial district. No roof-mounted sign shall extend more than 20 feet above the roof line of the building to which it is attached.

      (8)   Billboards. Billboards are strictly prohibited everywhere in the corporate limits of the city, except in the industrial district. No billboard erected in the industrial district shall:

         (a)   Be stacked on top of another billboard;

         (b)   Be located closer than 50 feet to any public right-of-way;

         (c)   Be located closer than 1,000 feet to any other billboard on the same side of the roadway;

         (d)   Extend more than 20 feet above the ground or pavement; or

         (e)   Exceed 300 square feet in area.

(1994 Code, § 155.131) (Ord. 429, passed 1-11-1993; Ord. 96-10, passed 7-8-1996; Ord. 05-06, passed 4-11-2005; Ord. 11-01, passed 7-11-2012)

   (A)   Code Enforcement Officer, duties. The City Code Enforcement Officer is hereby authorized and directed to administer and enforce the provisions of this subchapter. This broad responsibility encompasses, but is not limited to, the following specific duties:

      (1)   To supervise the registration of all existing street signs and graphics;

      (2)   To review and pass upon all applications for street sign and graphic permits;

      (3)   To inspect existing and newly constructed street signs and graphics to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;

      (4)   To review and forward to the City Clerk all applications for variances, appeal and amendments;

      (5)   To maintain up-to-date records of the applications and of any official actions taken pursuant thereto;

      (6)   To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the City Council at least once each year;

      (7)   To provide information to the general public on matters related to this chapter; and

      (8)   To perform other duties as the City Council may from time to time prescribe.

   (B)   Street sign and graphic permits. 

      (1)   No sign, billboard or other street sign or graphic (except those listed in § 155.151(B) of this chapter) shall be erected, expanded, altered relocated or reconstructed without a street graphic permit issued by the Code Enforcement Officer.

      (2)   Every applicant for a street sign or graphic permit shall submit to the Code Enforcement Officer, in narrative and/or graphic form, all of the items of information listed below. Items of information shall be as follows:

         (a)   Name, address and telephone number of applicant;

         (b)   Name and address of owner of the premises on which the street sign or graphic is to be erected, if different from division (B)(2)(a) above;

         (c)   Location of the building, structure or lot where the proposed street sign or graphic is to be erected, and the zoning district classification of the premises;

         (d)   Description of the proposed street sign or graphic indicating proposed location, dimensions, area, overall height, illumination and method of support/attachment;

         (e)   Relationship of the proposed street sign or graphic to nearby traffic-control devices;

         (f)   Amount of street frontage that the establishment which proposes to display the street sign or graphic has, and the total area of all existing signs on the premises; and

         (g)   Other information as the Code Enforcement Officer shall reasonably require to determine full compliance with this subchapter.

   (C)   Non-conforming street signs and graphics.

      (1)   A NON-CONFORMING STREET SIGN OR GRAPHIC shall mean any lawfully erected sign, billboard or other street graphic that does not conform to one or more provisions of this subchapter or any amendment thereof.

      (2)   A non-conforming street sign or graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, but shall not be:

         (a)   Altered or enlarged in such a way as to increase its non-conformity;

         (b)   Replaced by another non-conforming street sign or graphic (provided that, changing the message on a changeable copy sign shall not be deemed a violation of this subchapter);

         (c)   Relocated unless it is made to conform with this subchapter; or

         (d)   Reconstructed after incurring damage in an amount exceeding 50% of its market value prior to the time of loss as determined by the Code Enforcement Officer.

   (D)   Corrective action orders. Whenever the Code Enforcement Officer finds, by inspection or otherwise, that any street sign or graphic is in violation of this subchapter, he or she shall so notify the responsible party and shall order appropriate corrective action; provided that, this notice requirement shall not apply whenever the Code Enforcement Officer determines that any street sign or graphic poses an imminent peril to life or property.

      (1)   Contents of order. The order to take corrective action shall be in writing and shall include:

         (a)   A description of the premises sufficient for identification;

         (b)   A statement indicating the nature of the violation;

         (c)   A statement of the remedial action necessary to effect compliance;

         (d)   The date by which the violation must be corrected (which may be the same as the date of the order);

         (e)   A statement that the alleged violator is entitled to conference with the Code Enforcement Officer if he or she so desires;

         (f)   The manner and date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing; and

         (g)   A statement that failure to obey a corrective action order shall result in revocation of the street sign or graphic permit, and may result in remedial action by the city and/or the imposition of a fine.

      (2)   Service of order. A corrective action order shall be deemed properly served upon the owner of the offending street sign or graphic if it is:

         (a)   Served upon him or her personally;

         (b)   Sent by certified mail with return receipt to his or her last known address; or

         (c)   Posted in a conspicuous place on or about the affected premises.

   (E)   Remedial action of city.

      (1)   Whenever the recipient of a corrective action order fails to obey the order within the time limit set forth therein, or in any emergency, the Code Enforcement Officer may alter/remove the offending street sign or graphic or take any other action necessary to effect compliance with this subchapter.

      (2)   Any expense incurred by the city pursuant to authorized street sign or graphic remedial action shall be billed by first class mail to the owner of the offending street sign or graphic. If said bill has not been paid within 30 days, the unpaid charge shall constitute a lien upon the real estate where the street graphic is located. The city’s Attorney is hereby authorized to file a notice of lien in the office of the county’s Recorder of Deeds, to foreclose this lien, and to sue the owner of the real estate, or sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney’s fees to be fixed by the court.

   (F)   Complaints. Whenever any violation of this subchapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Code Enforcement Officer. The Code Enforcement Officer shall record the complaints, promptly investigate and if he or she deems necessary, initiate appropriate corrective action.

   (G)   Fees. All permit fees, or fees for appeals or variances, shall be established by the City Council by resolution and shall be paid to the City Clerk. These fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.

   (H)   Appeals. Any person aggrieved by any decision or order of the Code Enforcement Officer in any matter related to the interpretation or enforcement of any provision of this subchapter may appeal to City Council.

      (1)   Filing, stay of further proceedings.

         (a)   Every appeal shall be made within ten days of the matter complained of by filing with the Code Enforcement Officer a written notice specifying the grounds for appeal. Thereupon, the Code Enforcement Officer shall promptly transmit all pertinent records to the City Council.

         (b)   An appeal stays all further action on the matter being appealed unless the Code Enforcement Officer certified to the City Council, after the notice of appeal has been filed with him or her, that for reason stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the City Council or the circuit court grants a restraining order for due cause, and so notifies the Code Enforcement Officer.

      (2)   Public hearing, notice. The City Council shall consider every appeal within a reasonable time after the filing of the notice of appeal pursuant to division (H)(1) above and shall act upon such not later than 30 days after the filing of the appeal. The City Clerk shall notify the appellant and all interested parties of the time and place at which the appeal shall be heard and post public notice of the proceeding at City Hall. The City Council shall render a decision on the appeal by a simple majority vote of all members then holding office or may modify or amend the order appealed to the extent and in a manner as is appropriate in its discretion.

   (I)   Variances. A variance is a relaxation of the requirements of this subchapter that are applicable to particular street sign or graphic.

      (1)   Application. Every application for a variance shall be filed with the Code Enforcement Officer on a prescribed form. The Code Enforcement Officer shall promptly transmit the application to the City Council. The application shall contain sufficient information to allow the City Council to make an informed recommendation, and shall include, at a minimum, the following:

         (a)   Name and address of the applicant;

         (b)   Location of the street sign or graphic for which the variance is sought;

         (c)   Full and detailed explanation of the grounds for the variance request;

         (d)   Specific divisions of this subchapter containing the regulations which, if strictly applied, would cause a serious problem; and

         (e)   Any other pertinent information that the Code Enforcement Officer may require.

      (2)   Public hearing, notice. The City Council shall consider requests for variances within a reasonable time after the variance application is submitted and shall act upon such not later than 30 days after the filing of a variance request. Consideration of a request for variance shall be made in the same manner as prescribed with regard to appeals as hereinabove set forth in division (H)(2) above. The City Council may grant a street sign or graphic variance by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying the ordinance, the City Council may state its findings of fact and indicate its reasons for granting or denying the requested variance.

      (3)   Standards for variances. No variance of any street sign or graphic provision of this code shall be granted unless, based upon substantial evidence, it is determined that:

         (a)   The proposed variance is consistent with the spirit and purpose of this subchapter, and will not cause injury to the area in which the street sign or graphic is/will be located or be detrimental to the public welfare in any way; and

         (b)   Strict application of the requirements of this subchapter would result in great practical difficulties or hardship to the applicant; the proposed variance is not a great deviation from the requirements that will alleviate the difficulties/hardship while protecting the broader public interest; or

         (c)   The plight of the applicant is due to peculiar circumstances not of his or her own making; and the peculiar circumstances engendering the variance request are not applicable to other street signs or graphics in the vicinity and, therefore, that a variance would be a more appropriate remedy than an amendment.

(1994 Code, § 155.132) (Ord. 429, passed 1-11-1993; Ord. 96-10, passed 7-8-1996)