The purpose of these sign regulations is to establish requirements for signs and other displays that are needed for identification or advertising, subject to the following objectives:

(1)

Safety. The criteria are intended to minimize distractions to motorists, protect pedestrians, and otherwise minimize any threat to public health or safety.

(2)

Aesthetics. Signs should enhance the aesthetic appeal of the city. Thus, these regulations are intended to:

a.

Regulate signs that are out-of-scale with surrounding buildings and structures;

b.

Prevent an excessive accumulation of signs;

c.

Encourage signs that enhance the appearance and value of the business districts; and

d.

Aesthetically enhance the value of surrounding properties.

(3)

Equal protection and fairness. These regulations are designed to be fair to each property owner by establishing uniform standards that provide adequate exposure to the public for all property owners.

(4)

Land use planning objectives. The placement and design of signs should further the land use planning objectives of the city, and protect neighborhood character and the value of surrounding properties.

(Code 1994, § 20.01)

No sign may be erected, relocated, enlarged, structurally changed, or structurally altered in the city unless in conformance with the standards and procedures set forth in this article, including the issuance of a permit except as otherwise provided herein. Typical sign maintenance, as required in section 51-20.04(b)(3), does not require issuance of a permit.

(Code 1994, § 20.02)

Words and phrases not defined in this section but defined in article 2.00 of this chapter shall be given the meanings set forth in article 2.00 of this chapter. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory sign means a sign which pertains to the use of the premises on which it is located.

Add-on sign means a sign that is attached as an appendage to another sign, sign support, or a building, and is intended to draw attention to the goods or services available on the premises.

Animated sign means a sign which uses lights, moving parts, or other means to depict action, create an image of a moving creature or person, or create a special effect or scene. (See also Flashing sign.)

Awning sign means a sign which is painted on, printed on, or attached flat against the surface of an awning.

Banner sign means a sign made of fabric, cloth, paper, or other non-rigid material that is typically not enclosed in a frame.

Building frontage means the length of the building occupied by a business as measured on any side facing a public or private street.

Bulletin board means a type of changeable copy sign which displays the name of an institution, school, library, community center, fraternal lodge, golf course, country club, park or other recreational facility, and which displays announcements of its services and activities upon the premises.

Canopy sign means a sign painted on, printed on, or attached to the surface of a canopy.

Changeable copy sign (electronic) means a sign on which the message changes automatically (for example, electronic or electric time and temperature signs).

Changeable copy sign (manual) means a sign on which the message is changed manually (for example, by physically replacing the letters).

Community special event sign means signs and banners, including decorations and displays celebrating a traditionally-accepted patriotic or religious holiday, or special municipal or school activities.

Construction sign means a temporary sign identifying the architect, designer, contractors and subcontractors, and/or material suppliers participating in construction on the property on which the sign is located.

Cylindrical sign means a ground sign which is in the shape of a cylinder or barrel. A cylindrical sign has a footprint that is more or less in the shape of a circle.

Directional or informational sign means a sign which is intended to direct the flow of vehicular and pedestrian traffic to, from, and within a development site.

Festoon means a string of ribbons, tinsel, small flags, pinwheels or lights, typically strung overhead in loops.

Flashing sign means a sign which contains an intermittent or sequential flashing light source.

Freestanding sign means a three-dimensional, self-supporting, base-mounted freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted.

Gasoline price sign means a sign which is used to advertise the price of gasoline. In the event that the brand identification sign is attached to or is a part of the sign advertising price, that portion of the sign used for advertising price shall be considered the gasoline price sign.

Ground sign. See Freestanding sign.

Historic building means a building that is significant in the history, architecture, engineering, or culture of the City of Walled Lake, a city within the State of Michigan, the State of Michigan, or the United States, as reasonably determined by the planning and building department. In evaluating historic significance, the planning and building department shall utilize the selection criteria for evaluation issued by the United States Secretary of the Interior for the inclusion of resources in the national register of historic places, as set forth in 36 CFR part 60.

Historic sign means a sign that is significant in the history, architecture, engineering, or culture of the City of Walled Lake, a city within the State of Michigan, the State of Michigan, or the United States, as reasonably determined by the planning and building department. In evaluating historic significance, the planning and building department shall utilize the selection criteria for evaluation issued by the United States Secretary of the Interior for the inclusion of resources in the national register of historic places, as set forth in 36 CFR part 60.

Illegal sign means a sign which does not meet the requirements of this ordinance and which has not received legal nonconforming status.

Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of incidental signs include signs indicating the hours of business, no smoking signs, signs used to designate bathrooms, and signs providing information on credit cards and business affiliations.

Inflatable sign means a temporary sign consisting of a non-porous bag or balloon inflated with a gas.

Informational sign. See Directional sign.

Mansard roof means a sloped roof or roof-like facade. Signs mounted on the face of a mansard roof shall be considered wall signs.

Marquee sign means a rooflike structure, often bearing a sign, projecting over an entrance to a theater.

Moving sign means a sign in which the sign itself or any portion of the sign moves or revolves. The term "rotating sign" means a type of moving sign. Such motion does not refer to the method of changing the message on the sign.

Mural means a design or representation which is painted or drawn on the exterior surface of a structure and which does not advertise a business, product, service, or activity.

Nameplate means a non-electric, on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

Neon sign. See Outline tubing sign.

Nonconforming sign means a sign which is prohibited under the terms of this chapter, but was erected lawfully and was in use on the date of enactment of this chapter, or amendment thereto.

Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred.

Off-premises advertising sign means a sign which contains a message unrelated to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where such sign is located. The term "billboard" means a type of off-premises advertising sign.

On-premises advertising sign means a sign which contains a message related to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where the sign is located.

Outline tubing sign means a sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it.

Parapet means the extension of a false front or wall above a roof line. Signs mounted on the face of a parapet shall be considered wall signs.

Pedestal sign. See Freestanding sign.

Pole sign means a type of freestanding sign that is elevated above the ground on a pole.

Political sign means a temporary sign relating matters to be voted on in a local, state, or national election or referendum.

Portable sign means a sign designed to be moved easily and not permanently affixed to the ground or to a structure.

Poster panel means a type of temporary sign that is used to draw attention to matters that are temporary in nature, such as price changes or sales. The term "A-frame or sandwich sign" means types of poster panel signs.

Preferred materials means preferred materials include wrought iron, stone, and brick.

Projecting sign means a sign, other than a flat wall sign, that projects more than 12 inches from the face of the building or structure upon which it is located. The term "projecting roof sign" means one that projects beyond the face or exterior wall surface of the building upon which the roof sign is mounted.

Public sign means a sign erected in the public interest by or upon orders from a local, state, or federal public official. Examples of public signs include: legal notices, safety signs, traffic signs, memorial plaques, signs of historical interest, and similar signs.

Real estate sign means a temporary sign which makes it known that real estate upon which the sign is located is for sale, lease, or rent.

Real estate development sign means a sign that is designed to promote the sale or rental of lots, homes, or building space in a real estate development (such as a subdivision or shopping center) which is under construction.

Residential entranceway sign means a sign which marks the entrance to a subdivision, apartment complex, condominium development, or other residential development.

Roof line means the top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections.

Roof sign means any sign that extends above the roof line or is erected over the surface of the roof.

Rotating sign. See Moving sign.

Sandwich sign means a sign which consists of two boards upon which a message is posted, and which are connected at the top and are open at the bottom so that the boards can lean against each other when placed on the ground.

Shopping center means a complex consisting of stores and shops of various kinds, typically with shared parking.

Sign means any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, illumination, logos or trademarks for the purpose of informing or attracting the attention of persons.

Temporary sign means a sign not constructed or intended for long term use. Examples of temporary signs include signs which announce a coming attraction, a sale or bargain, a new building under construction, a community or civic project, or other special events that occur for a limited period of time. (See also Inflatable sign.)

Time and temperature sign means a sign which display the current time and/or temperature.

Underhanging sign means a sign which are located on the underside of a roof structure which extends out over a sidewalk adjacent to a building.

Vehicle signs means signs painted or mounted on the side of a vehicle, including signs on the face of a truck trailer.

Wall sign means a sign attached parallel to and extending not more than 12 inches from the wall of a building. Painted signs, signs which consist of individual letters, cabinet signs, and signs mounted on the face of a mansard roof shall be considered wall signs.

Window sign means a sign located in or on a window, which is intended to be viewed from the outside.

(Code 1994, § 20.03)

(a)

Plans, specifications, and permits.

(1)

Permits. It shall be unlawful for any person to erect, structurally alter, relocate, enlarge, or structurally change a sign or other advertising structure, unless specifically exempted by these regulations, without first obtaining a permit in accordance with the provisions set forth herein. A permit is not required for permitted exempt signs. (See subsection (a)(8) of this section and section 51-20.05(b).) A permit must first be obtained from the planning department for all other signs.

(2)

Applications. Application for sign permits shall be made upon a forms provided by the planning department. The applications shall contain the following information:

a.

Name, address, and phone number and if available, fax number and e-mail address, of the applicant applying for the permit.

b.

Name, address, phone number and if available, fax number and e-mail address, of the persons owning the parcel upon which the sign is proposed to be placed.

c.

Location of the building, structure, and parcel on which the sign is to be attached or erected.

d.

Position of the sign in relation to nearby buildings, structures, property lines, and existing or proposed right-of-way.

e.

Two copies of the plans and specifications. The method of construction, and/or attachment to a building, or ground placement, shall be explained in the plans and specifications.

f.

A copy of calculations, if deemed necessary by the planning department, showing the structure as designed for dead load and wind pressure.

g.

Name, address, phone number and if available, fax number and e-mail address, of the person erecting the sign.

h.

Information concerning required electrical connections.

i.

Insurance policy, as required by this chapter.

j.

Such other information as the planning department may require showing compliance with this article and any other applicable laws.

k.

The seal or certificate of a registered structural or civil engineer, when required by the planning department.

l.

The zoning district in which the sign is to be placed.

m.

A notice stating: "Any change in the information in this application, such as a change of address, shall be submitted to the planning department within seven days after the change."

(3)

Review of application. The planning and building department shall review applications submitted under this article.

a.

Planning commission review. Sign proposals submitted in conjunction with the proposed construction of a new building or addition to an existing building shall be reviewed by the planning commission as a part of the required site plan review. Proposed signs shall be shown on the site plan.

b.

Building official review. The building official shall review the sign permit application for any proposed sign.

c.

Issuance of a permit. Following review and approval of a sign application, the building official shall have the authority to issue a sign permit.

(4)

Insurance certificates. Where a sign is to be located on public property or within the public right-of-way, the applicant shall provide a copy of a current certificate of general liability insurance for the site and written confirmation from the insurance company or agent that if the requested permit is approved, the city shall be endorsed as a named ensured on the policy and will be provided with a copy of a new certificate of insurance with an additional ensured endorsement of at least $1,000,000.00 per person, per occurrence, for bodily injury and/or property damage that reads as follows: "The city, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers." The certificate shall also provide for a minimum of 30 days' written notice to the planning and building department of cancellation, material change, or reduction in coverage.

(5)

Permit fees. The governing body of this municipality shall establish sign permit fees. The permit fees must relate to the cost of issuing the permit and may vary based upon the size, type, and height of the sign.

(6)

False information. A person providing false information under this chapter shall be guilty of a civil infraction.

(7)

Time for review. The planning and building department shall review and approve or deny an application for a sign permit within 15 business days of the receipt of an application submitted in compliance with this section. Failure to provide a written response within 15 business days of receipt of a complete application shall be deemed an approval of the application and the applicant shall be entitled to a permit.

(8)

Servicing. A new permit shall not be required for ordinary servicing or repainting of an existing sign message, cleaning of a sign, or changing of the message on the sign where the sign is designed for such changes (such as lettering on a marquee or numbers on a gasoline price sign). Furthermore, a permit shall not be required for certain exempt signs listed in section 51-20.05(b). However, an electrical permit shall be required for all signs that make use of electricity.

(b)

Inspection and maintenance.

(1)

Inspection of new signs. All signs for which a permit has been issued shall be inspected by the building official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable zoning ordinance and building code standards. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the building official when such fastenings are to be installed so that inspection may be completed before enclosure.

(2)

Inspection of existing signs. The building official shall have the authority to enter onto property during regular business hours to inspect existing signs.

(3)

Maintenance. All signs shall be maintained at all times in a safe, secure, and aesthetically attractive manner. Exposed surfaces shall be cleaned and painted as necessary. Broken and defective parts shall be repaired or replaced.

(4)

Correction of violations.

a.

If the building official finds that any sign is in violation of this ordinance, he shall notify one or more of the responsible person to correct the violations by repair, removal or other action, within a timetable established by the building official.

b.

The notice provided in subsection (a) of this section may be accompanied or followed by a written order, sent to the responsible persons, requiring correction of violations by repair, removal or other action within 30 days. Where there is imminent danger to public safety, immediate removal or action may be required.

c.

For the purposes of this section, responsible persons include persons who own, erect or maintain a sign, the owner and/or operator of the building, structure or premises upon which the sign is located.

(c)

Removal of obsolete signs. Any sign that identifies a business that is no longer in operation, or that identifies an activity or event that has already occurred, or a product that is no longer made, shall be considered abandoned and shall be removed by the owner, agent, or person having use of the building or structure. Historic signs are exempt from this requirement. Upon vacating a commercial or industrial establishment, the property owner shall be responsible for removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by a current occupant in a leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided that the sign structure and frame are maintained in good condition.

(d)

Nonconforming signs. A nonconforming sign shall not be structurally altered or enlarged.

(e)

Substitution. A nonconforming sign shall not be replaced with another nonconforming sign. However, the panel containing the message may be replaced with a different message without affecting the legal nonconforming status of a sign, provided that the sign structure or frame is not structurally altered.

(f)

Appeal. Any party who has been refused a sign permit for a proposed sign may file an appeal with the zoning board of appeals, in accordance with article 23.00 of this chapter.

(g)

Enforcement. Placards, posters, circulars, showbills handbills, political signs, cards, leaflets or other advertising matter, except as otherwise provided herein, shall not be posted, pasted, nailed, placed, printed, stamped or in any way attached to any fence, wall, post, tree, sidewalk, pavement, platform, pole, tower, curbstone or surface in or upon any public easement, right-of-way or on any public property whatsoever; provided, however, nothing herein shall prevent official notices of the city, school districts, county, state or federal government from being posted on any public property deemed necessary. All placards, posters, circulars, showbills, handbills, political signs, cards, leaflets or other advertising matter posted, pasted, nailed, placed, printed, stamped on any right-of-way or public property may be removed and disposed of by city enforcement officials without regard to other provisions of this chapter.

(Code 1994, § 20.04)

(a)

Construction standards. All signs shall be designed and constructed in accordance with the current prevailing state building code.

(b)

Permitted exempt signs. A sign permit shall not be required for the following signs, which shall be permitted subject to applicable provisions herein:

(1)

Address numbers and/or nameplates identifying the occupants of the building, not to exceed two square feet in area.

(2)

Memorial signs or tablets in cemeteries.

(3)

A sign affixed to a parked vehicle or truck trailer, provided that:

a.

The sign is not being used principally for the purpose of advertising a business or product, or for the purpose of directing people to a business or business activity; and

b.

The vehicle or trailer is not parked in a location that is principally selected for the purpose of advertising a business or product, or for the purpose of directing people to a business or business activity (e.g., a vehicle parked close to a street in a large commercial parking lot).

(4)

Public signs and traffic control signs, including the authorized signs of a government body or public utility, including traffic signs, legal notices, railroad crossing signs, warnings of a hazard, and similar signs.

(5)

Flags bearing the design of a nation, state, municipality, educational institution, or organization provided the flag does not advertise a business on site.

(6)

Incidental signs, defined as a small sign, emblem or decal informing the public of facilities or services available on the premises, including, but not limited to, a restroom, telephone, credit card sign or a sign indicating hours of business.

(7)

Permanent signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices.

(8)

No more than two on-site real estate signs which advertise open house or the rental, sale or lease of the property on which they are located, and with an area no greater than three square feet per sign.

(9)

Help wanted signs soliciting employees for the place of business where posted, provided that the maximum area for all such signs shall be four square feet.

(10)

Any sign which is located completely within an enclosed building, and which is not clearly visible from outside the building.

(11)

Plaques or signs designating a building as a historic structure, if the structure is in fact a historic structure, as designated on the city list of historic structures.

(12)

No trespassing, no hunting, no dumping, and no soliciting signs.

(13)

Signs used to direct vehicular or pedestrian traffic to parking areas, loading areas, or to certain buildings or locations on the site.

(c)

Prohibited signs. The following signs are prohibited in all districts:

(1)

Any sign or sign structure which:

a.

Is structurally unsafe;

b.

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; or is capable of causing electric shock to person who come in contact with it; or

c.

Is not kept in good repair, such that it has broken parts, missing letters, or non-operational lights.

(2)

Any sign erected on a tree or utility pole, except signs of a government or utility.

(3)

Portable signs, except where expressly permitted in this chapter.

(4)

Any sign which obstructs free access to or egress from a required door, window, fire escape, driveway or other required exit from a building or premises.

(5)

Any sign which makes use of the terms "stop," "look," or "danger," or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic.

(6)

Any sign unlawfully installed, erected, enlarged, altered, moved or maintained.

(7)

Signs on street furniture, including, but not limited to, signs on benches and trash receptacles.

(8)

Signs affixed to parked vehicles for advertising purpose.

(9)

Real estate signs no longer valid due to the sale, rental, or lease of the property.

(Code 1994, § 20.05)

(a)

Sign area. Sign area shall be determined as follows:

(1)

The total area of all signs for any individual business shall not exceed three square feet per one foot of building frontage, not to exceed the limits specified in the following table:

Areas advertising individual businesses located on freestanding signs advertising multi-tenant developments shall be counted toward the total area of all signs.

(2)

In keeping with the city's purpose of enhancing the appearance of the business district, substantial use of one or more of the preferred materials, as defined in this chapter (see section 51-20.03), in the signage for the business will increase the maximum total area of signs for each business by five percent of the frontage, or 20 square feet, whichever is less.

(b)

Illuminated signs. Illuminated signs shall not produce an unreasonable glare or have adverse impact on any residential properties. Low voltage illumination, when used only for architectural accents, shall not be considered as part of the sign area calculation. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.

(c)

Temporary signs. Temporary signs shall be permitted as follows:

(1)

One sign advertising buildings under construction may be erected for the period of construction and shall not exceed 32 square feet of total sign area. Such signs shall be erected on the building or lot where such construction is being carried on and shall advertise only the architect, contractor, subcontractor or builder. Any such temporary sign must be removed prior to the issuance of a certificate of occupancy.

(2)

One sign advertising the rental, sale or lease of property shall be allowed, subject to the standards of the temporary sign standards table (subsection (c)(5) of this section).

(3)

A business sign placed on the interior of a building with or without letters and numerals, such as window signs. Such as window signs in business and industrial districts, of lightweight cardboard, cloth, plastic, or paper materials and intended to be displayed for special events, sales, and notices.

(4)

A sign permit is required for all canopy signs, and all canopy signs must comply with all provisions of section 51-20.05.

(5)

Also, refer to the following table for standards.

TEMPORARY SIGN STANDARDS (this subsection(c)(5))

Footnotes:

[a]

The temporary sign shall be set back a distance equal to the height of the sign.

[b]

On a corner parcel two signs, one facing each street, shall be permitted.

[c]

One on-premises sign shall be permitted for each frontage on a secondary or major thoroughfare, and one off-premises sign shall be permitted per development.

[d]

The temporary sign may be located in the required setback area, but shall not be located within the road right-of-way.

[e]

Community special event signs may include ground or wall signs, banners, pennants, or similar displays; the number, size and height of such signs shall be subject to city council approval.

[f]

The total of all window signs, temporary and permanent, shall not exceed one-third of the total window area in commercial and office districts. The area of permanent window signs shall also be counted in determining compliance with standards for total area of wall signs. Temporary Window signs are not permitted in industrial districts

[g]

Temporary window signs that are faded, yellowed, ripped or otherwise damaged shall be removed immediately.

[h]

Real estate development signs shall not be erected within 50 feet of any occupied dwelling unit.

[i]

The building official may require a performance bond to ensure proper removal of temporary signs upon expiration of the permitted duration.

[j]

Height standard applies to the sign only and does not include the building on which it may be placed.

[k]

No permit is required for banner signs under six square feet in area; a permit shall be required for banner signs that are six square feet or greater in area, up to a maximum of 32 square feet.

[l]

No limit has been established on the number of political signs.

[m]

Five garage sale signs total citywide per garage sale, no more than four signs off site, one additional sign on-site.

(d)

Off-premises advertising signs. Freestanding off-premises advertising signs (i.e., billboards) shall be permitted in the I-1 Limited industrial district, subject to the following:

(1)

Maximum size. No such sign shall exceed 72 square feet in area per sign face.

(2)

Maximum height. The maximum height for such signs shall be 25 feet.

(3)

Minimum setbacks.

a.

Off-premises accessory signs shall comply with the setback requirement for the district in which they are located.

b.

No part of any such sign shall be located closer than 300 feet to any park, school, church, hospital, cemetery, convention center, or government building.

(4)

Spacing.

a.

Billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirements set forth in this subsection.

b.

Not more than three off-premises advertising signs shall be located per linear mile of street, regardless of the fact that such signs may be located on different sides of the street.

c.

There shall be a minimum of 1,500 feet between off-premises advertising signs along any other public road or street.

d.

No off-premises advertising sign shall be located closer than 1,000 feet to another off-premises advertising sign, measured on a direct line from sign to sign.

(Code 1994, § 20.06; Ord. No. C-316-14, 8-19-2014; Ord. No. C-316-14, § 2, 8-19-2014)

The following signs shall be permitted in all districts zoned for residential use (see Generalized Schedule of Sign Standards):

(1)

Nameplate and street address. A nameplate sign and street address shall be permitted in accordance with section 51-20.05(b).

(2)

Real estate signs. Real estate signs shall be permitted in accordance with section 51-20.06(c)(2).

(3)

Garage sale signs. Garage sale signs shall be permitted in accordance with section 51-20.06(c)(5) (see table).

(4)

Residential entranceway or identification signs. Permanent residential entranceway or identification signs shall be permitted in accordance with section 51-21.09 and the following regulations:

a.

There shall be no more than one such sign located at each entrance to a sub-division or other residential development.

b.

The maximum size for such sign shall be 25 square feet.

c.

The maximum height for such sign shall be six feet.

d.

Such signs shall be set back a minimum distance of 25 feet from any property line or right-of-way line, unless another location is authorized by city council, provided that any such sign shall not obstruct the vision of drivers at the intersection and provided the placement of such sign shall not obstruct sidewalks or bicycle paths.

(5)

Signs for nonresidential uses. Each nonresidential use in a residential district shall be permitted one wall-mounted sign, subject to the following requirements:

a.

The maximum size for such a sign shall be two square feet.

b.

No such sign shall be intentionally lighted.

(6)

Signs for special approval uses. Except as otherwise noted, all uses which are permitted subject to special approval in residential districts shall comply with the following sign standards:

a.

Number. There shall be no more than one sign per parcel, except on a corner parcel, two signs, one facing each street shall be permitted.

b.

Size. The maximum size of each such sign shall be 25 square feet.

c.

Location. Freestanding signs shall be located no closer than 25 feet from any right-of-way line, and at least 15 feet from all other property lines, driveways, and approaches.

d.

Height. The maximum height of any freestanding sign shall be four feet.

e.

Churches. Churches and other religious institutions shall be permitted one additional sign for each school, parsonage, or other related facility.

(Code 1994, § 20.07)

The following signs shall be permitted in districts zoned for nonresidential use:

(1)

Signs for residential district uses in a nonresidential district. Signs for nonconforming residential district uses in a nonresidential district shall be governed by the sign regulations for residential district uses set forth in section 51-20.07.

(2)

Signs for nonconforming nonresidential uses. Signs for nonconforming nonresidential uses in an office, commercial or industrial district (for example, a nonconforming commercial use in an industrial district) shall be governed by the sign regulations which are appropriate for the type of use, as specified in this section.

(3)

Nameplate and street address. A nameplate and street address shall be permitted in accordance with section 51-20.05(b).

(4)

Real estate signs. Real estate signs shall be permitted in accordance with section 51-20.06(c)(2).

(5)

Wall signs. Wall signs shall be permitted in office, commercial and industrial districts subject to the following regulations:

a.

Number. One wall sign shall be permitted per street frontage on each parcel. However, in the case of a multi-tenant building or shopping center, one wall sign shall be permitted for each tenant having an individual means of public access. Tenants who occupy a corner space in a multi-tenant structure shall be permitted to have one sign on each side of the building. Where several tenants use a common entrance in a multi-tenant structure, only one wall sign shall be permitted, but the total sign area should be allocated to all tenants.

b.

Size. The total area of a wall signage shall not exceed two square feet per one foot of building frontage, not to exceed the limits specified in the following table:

In the case of a multi-tenant building or shopping center, these size requirements shall apply to each business individually, except that in shopping centers having a total site area of ten acres or greater, wall signs shall comply with the following standards:

c.

Location. One wall sign may be located on each side of a building that faces a street.

d.

Vertical dimensions. The maximum vertical dimension of any wall sign shall not exceed one-third of the building height, except as noted for shopping centers.

e.

Horizontal dimensions. The maximum horizontal dimension of any wall-mounted sign shall not exceed two-thirds the width of the building.

f.

Height. The top of a wall sign shall not be higher than whichever is lowest:

1.

The maximum height specified for the district in which the sign is located.

2.

The top of the sills at the first level on windows above the first story.

3.

The height of the building facing the street on which the sign is located.

(6)

Freestanding signs. Freestanding signs shall be permitted in office, commercial and industrial districts, subject to the following regulations:

a.

Building setback. Freestanding signs shall be permitted only if the buildings are set back at least 40 feet from the existing right-of-way line.

b.

Number. One freestanding sign shall be permitted per street frontage on each parcel. However, only one sign shall be permitted on lots having frontage on more than one street if a single sign can be located such that it is clearly visible from both streets. In multi-tenant buildings or shopping centers the sign area may be allocated for use by individual tenants.

c.

Size. The total area of the freestanding sign shall not exceed one-half of a square foot per linear foot of street frontage not to exceed the limits in the following table:

Shopping centers having a total site area of ten acres or greater shall comply with the following freestanding sign standards:

1.

Maximum size of sign face: 100 square feet.

2.

Maximum size of freestanding sign structure: 150 square feet.

Maximum height: 15 feet.

3.

Number: One freestanding sign per street frontage on an arterial or collector road.

d.

Setback from the right-of-way. Freestanding signs may be located in the required front yard, provided that no portion of any such sign shall be located closer than one foot to the existing right-of-way line. If a parcel is served by a private road or service road, no portion of a freestanding sign shall closer than five feet to the edge of such road.

e.

Setback from residential districts. Freestanding signs shall be located no closer than 50 feet to any residential district.

f.

Height. Except as noted above for shopping center signs, freestanding signs shall comply with the following height requirements:

(7)

Marquee signs. Marquee signs shall be permitted for theaters located in commercial districts subject to the following requirements:

a.

Construction. Marquee signs shall consist of hard incombustible materials. The written message shall be affixed flat to the vertical face of the marquee.

b.

Vertical clearance. A minimum vertical clearance of ten feet shall be provided beneath any marquee.

c.

Projection. Limitations imposed by this chapter concerning projection of signs from the face of a wall or building shall not apply to marquee signs, provided that marquee signs shall comply with the setback requirements for the district in which they are located.

d.

Number. One marquee shall be permitted per street frontage.

e.

Size. The total size of a marquee sign shall not exceed 1½ square feet per linear foot of building frontage.

f.

Compliance with size requirements for wall signs. The area of permanent lettering on a marquee sign shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

(8)

Awnings and canopies. Signs on awnings and canopies in commercial, office, and industrial districts shall be permitted, subject to the following standards:

a.

Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

b.

Projection. Limitations imposed by this chapter concerning projection of signs from the face of a wall or building shall not apply to awning and canopy signs, provided that such signs shall comply with the setback requirements for the district in which they are located.

(9)

Gasoline price signs. Gasoline price signs shall be permitted subject to the following standards:

a.

Number. One gasoline price sign shall be permitted per street frontage.

b.

Size. Gasoline price signs shall not exceed 20 square feet in area.

c.

Setback. Gasoline price signs shall comply with the setback and height requirements specified for freestanding signs in the district in which the signs are located.

(10)

Pole signs. Pole signs shall be permitted subject to the following standards:

Maximum permitted sign area for pole signs shall be determined using the same calculations as freestanding signs.

a.

Spacing:

1.

There shall be a minimum of 1,500 feet between pole signs along any other public road or street.

2.

No pole sign shall be located closer than 1,000 feet to another pole sign, measured on a direct line from sign to sign.

b.

Pole signs shall be permitted only on parcels having greater than 150 feet of frontage.

c.

Pole signs shall be permitted only if the buildings are set back at least 40 feet from the existing right-of-way line.

d.

One pole sign shall be permitted per parcel. In multi-tenant buildings or shopping centers the sign area may be allocated for use by individual tenants.

e.

Pole signs may have a maximum height of 20 feet.

f.

No part of the sign or sign structure may overhang into the public right-of-way

g.

Pole signs shall be located no closer than 100 feet to any residential district.

(11)

Window signs. Temporary and permanent window signs shall be permitted on the inside in commercial and office districts, provided that the total combined area of such signs (including incidental signs) shall not exceed one-third of the total window area. Temporary window signs shall comply with the requirements in section 51-20.06(c)(5).

(12)

Time and temperature signs. Time and temperature signs shall be permitted in commercial and office districts, subject to the following conditions:

a.

Frequency of message change. The message change shall not be more frequent than once every three seconds.

b.

Size. The area of these types of signs shall be included within the maximum sign area permitted on the site.

c.

Number. One such sign shall be permitted per street frontage.

(13)

Underhanging signs. One underhanging sign shall be permitted for each business, subject to the following conditions:

a.

Vertical clearance. A minimum vertical clearance of eight feet shall be provided between the bottom edge of the sign and the surface of the sidewalk.

b.

Orientation. Underhanging signs shall be designed to serve pedestrians rather than vehicular traffic.

c.

Size. Underhanging signs shall not exceed six square feet in area.

(14)

Signs in the C-3 District. The C-3 District encompasses land in the Historic Lakefront District, consisting of buildings with distinctive architectural features that date back to the early settlement of the city. It is important to capture and preserve the unique character of the Historic Lakefront District in the types of signs permitted. Accordingly, the following additional standards shall apply to signs in the C-3 district:

a.

Location. Signs shall not cover architectural details such as arches, transom windows, moldings, columns, capitals, sills cornices and similar details.

b.

Materials. Sign materials shall complement the original construction materials and architectural style of the building facade. Generally, wood or metal signs are considered more appropriate than plastic.

c.

Lettering style. Lettering style shall complement the style and period of architecture of the building. No more than two different type styles shall be used on each sign.

d.

Illumination. Signs shall be illuminated using a direct but shielded light source, rather than internal illumination.

e.

Colors. No more than three complementary colors may be used per sign, with generally one color for the background, one for lettering, and one for accent. More than three complementary colors may be used for graphics or symbols on the sign.

(15)

Outline tubing (neon) signs. Outline tubing signs, also known as neon signs, are permitted in commercial districts subject to the following conditions:

a.

Construction. Such signs shall be enclosed unless the applicant provides sufficient documentation that unenclosed signs satisfy requirements in the adopted building code and National Electric Code.

b.

Maximum size. Such signs shall be considered wall signs for the purposes of determining compliance with maximum size standards.

(16)

Sandwich signs. Sandwich signs are permitted in the C-1, C-2, and C-3 Districts, and may be placed at the public entrances to businesses, on either private property or the public sidewalk, in accordance with the following specifications:

a.

No sign shall be placed within a distance of ten feet from any fire hydrant, or in any location where it would imperil public safety, as determined by the building official, or interfere with the function of the fire department.

b.

There shall be only one sandwich sign per business per frontage.

c.

The sign shall be located within four feet of the main entrance to the business and shall not interfere with pedestrian or vehicular circulation. A sandwich sign that is located farther than four feet from the main entrance (i.e., near the street) shall be a minimum of 25 feet from any other sandwich sign, unless approved by the city manager or their designee.

d.

For business sites located within the C-3 District having less than 20 linear feet of frontage, a first-floor business may have not more than two types of signs (projecting, wall or sidewalk).

e.

Each sign shall be placed outside only during the hours when the business is open to the general public and shall be stored indoors at all other times.

f.

Sandwich signs shall not have more than two sign faces.

g.

The following design requirements shall apply to all sandwich signs:

1.

Sandwich sign lettering shall be a minimum of two inches high in the C-3 District and four inches high in all other districts.

2.

Sandwich sign designs shall be uncluttered, with a minimum of text. Logos and graphics are encouraged.

3.

The sign shall be kept in good repair at all times.

h.

The following design requirements shall apply to sandwich signs located in the C-3 District:

1.

All design requirements stated in subsection (16)(g) of this section.

2.

All Sandwich signs shall be sensitive to the character of the city's historic downtown.

i.

Any sandwich sign shall not exceed an overall height of 36 inches and an overall width of 24 inches. In addition to the maximum height of 36 inches, sign standing legs may be a maximum of nine inches in height, which is not to be calculated in the overall sign height. The Maximum sign area per sidewalk sign is six square feet.

(17)

Projecting signs. Projecting signs may be permitted in the C-1, C-2, and C-3 Districts subject to the following conditions:

a.

Have a minimum under-clearance of eight feet, and have a maximum size of eight square feet.

b.

Projecting signs must oriented towards pedestrian traffic.

c.

Projecting signs in the C-3 District may be permitted to overhang in the right-of-way a maximum of three feet.

d.

Be in compliance with current building code.

(18)

Electronic changeable copy (LED) signs.

a.

LED signs may be permitted in the C-1, C-2, and C-3 Districts subject to the following conditions:

1.

Such sign shall not produce blinking or animated messages.

2.

The changeable copy or message delivered by the sign shall be no more than four times per minute.

3.

Such sign may be a maximum of 15 percent, up to a maximum of 30 square feet, of the total sign size.

4.

LED signs may only be incorporated into freestanding signs.

5.

All messages shall not exceed two lines of characters.

6.

Such sign shall be limited to 50 footcandles power output.

b.

Exempt signs. Public signs and traffic control signs, including the authorized signs of a government body or public utility, including traffic signs, legal notices, railroad crossing signs, warnings of a hazard, and similar signs.

(Code 1994, § 20.08; Ord. No. C-316-14, § 3, 8-19-2014; Ord. No. C-319-14, § 3, 5-12-2015)