The purpose of this article is to regulate outdoor and window signs in a manner which will minimize their harmful effects upon the health, safety and welfare of the general public and economic values in the community as well as the attractive appearance and natural beauty of the city. The city intends to accomplish the following objectives as the rationale and basis of its various regulations relative to signs:

(1)

To promote the safety of persons and property by providing that signs do not create a hazard due to collapse, fire, collision, decay or abandonment, do not obstruct firefighting or police surveillance, and do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, other vehicles, or traffic signs.

(2)

To protect property values within the city.

(3)

To promote open space and improve the attractiveness and scenic beauty of the community which is considered to be important to the tourist industry and provides the economic base for the city and to encourage a concern for the visual environment which makes the city a more desirable place to live, work and visit.

(4)

To control the quality of materials, construction, electrification and maintenance of all signs.

(Ord. No. 123, § 20.0, 6-5-89)

(a)

No sign existing at the effective date of this article shall be moved to a new location or structurally repaired unless such sign shall conform or shall be made to conform to the provisions of this article.

(b)

Any sign which is moved to another location either on the same or to other premises or is structurally repaired shall be considered a new sign and shall require a new permit.

(Ord. No. 123, §§ 20.12, 20.13, 6-5-89)

The area of a sign as regulated herein shall be the computed area of the background upon which lettering, insignia or other devices are placed. Where the display area is the face of a building, the area of such sign shall be the product of the total width and the total height occupied by such lettering, devices or insignia. For signs having two (2) sides, the maximum display area shall be permitted on both sides and the total area of one (1) side only shall be deemed to be the total sign area. The supporting structure shall not be included in the area computation unless utilized as part of the total display area.

(a)

All signs erected, altered or constructed in the city shall conform to the provisions of this article and as applicable, the provisions of chapter 16 article VI, street banners, sandwich boards. Structural encroachments and portable signs within the public right-of-way. All signs shall require a sign permit from the building inspector.

(b)

All signs pertaining to any new development or development expansion required to undergo site plan approval by the planning commission, shall be reviewed and preliminarily approved as part of the site plan review process (ref. sec. 20-116—20-129)

(c)

Before issuing a sign permit, the building inspector shall determine that:

(1)

The construction, support and location of the signs will in no way constitute a hazard to the safety of the public or to adjacent properties, the provisions of this article notwithstanding.

(2)

Street signs conform to all the provisions of this article and if on a state highway, to any additional regulations, which may be set forth by the state highway department.

(3)

Projecting signs meet all the requirements of this article.

(4)

Illuminated signs conform in all respect to the electrical codes of the city and the state.

(5)

Sign illumination shall not be intermittent or flashing.

(6)

The illumination of building signs, merchandise or products displayed will in no way be confused with standard traffic safety devices.

(7)

The sign or signs will not by design or arrangement simulate or imitate the size, color, lettering or design of any official traffic sign or any word, phrase or symbol used as a traffic sign or any word, phrase or symbol used as a traffic safety control in such a manner as to confuse traffic.

(8)

The light sources will be shielded from the direct view of vehicular traffic or adjacent property.

(9)

Signs using glass shall be adequately constructed and located so as to produce no safety hazard should breakage occur.

(10)

The sign or signs will not be erected in a manner or location which will obstruct passage from windows or doorways.

(11)

The sign supports and construction can withstand a horizontal force of forty (40) pounds per square foot applied to the sign display area.

(Ord. No. 123, §§ 20.1, 20.11, 6-5-89; Ord. No. 209, § 15, 1-2-07)

The following signs will not require a permit but are subject to the standards contained herein this chapter:

(1)

A sign painted on or attached to the inside of a window or door of a business building provided that its total area shall not exceed twenty-five (25) percent of the area of the window or door. Such sign area shall furthermore, not be counted in the calculation of total sign area.

(2)

Small temporary and incidental signs as defined in section 20-5, as follows:

a.

Non-illuminated incidental and temporary signs of five (5) square feet or less in size and a height of forty-two (42) inches above ground level for all permitted residential uses in all residential zoning districts.

b.

Non-illuminated incidental signs of sixteen (16) square feet or less in size and a height of not more than sixty (60) inches in all business and industrial districts and for all permitted nonresidential uses in residential zoning districts.

c.

Non-illuminated incidental signs not exceeding five (5) square feet in area and a height of forty-two (42) inches above ground level in all business and industrial districts.

(3)

Street signs which are erected by the city or state or federal government for street direction or traffic control and equivalent street signs in association with private streets.

(4)

One construction sign displaying the name of the architect or contractor on a specific construction project provided the total area of such signs shall not exceed twenty-four (24) square feet. Such signs shall be removed within seven (7) days of the completion of the project.

(5)

Flags of any country, state, municipality, educational institution, non-profit organization, or business entity when attached to a structure or flag pole. A flag pole may not exceed thirty (30) feet above ground level.

(6)

Warning signs. Signs devoted exclusively to warning the public of dangerous conditions and unusual hazards such as steep slopes, high voltage, fire danger, explosives, no trespassing, no dumping, no parking, etc. Warning signs shall not exceed three (3) square feet in area.

(7)

Banners, pennants, string lights, ribbons, balloon signs, inflatable signs and figures and portable signs generally associated with special or seasonal events in association with any uses located in the R-A, R-1, R-2, R-3, R-4, RM, and RMH Districts only. The provisions of section 20-701 shall apply to all such displays located in a B-1, B-2, B-3, RO, CBD, I-1 and I-2 district.

(Ord. No. 123, §§ 20.15, 20.16, 6-5-89; Ord. No. 209, § 16, 1-2-07)

Unless permitted under the provisions of chapter 16, article VI, no sign of greater than two (2) square feet may be placed in the public street right-of-way. Any sign which is placed within a street right-of-way, including a sign placed on a utility pole, which by reason of its size, location, content, coloring or manner of illumination constitutes a traffic hazard or a detriment to traffic safety, by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any traffic control device on public streets may be removed and impounded by the building official or his or her authorized designee without prior notification of the sign owner or person responsible for the placement of the sign.

(Ord. No. 209, § 17, 1-2-07)

The following signs are expressly prohibited in all districts.

(1)

Roof signs, as defined herein.

(2)

Any sign, which, by reason of its size, location, content, coloring or manner of illumination constitutes a traffic hazard or a detriment of traffic safety, by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any traffic control device on public streets and roads.

(3)

Signs, which include display of such words as "stop," "look," "danger" or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.

(4)

Signs and sign structures that are no longer in use as originally intended or have been abandoned, or that are structurally unsafe, constitute a hazard to safety and health, or that are not kept in good repair.

(5)

Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way.

(6)

Any sign or other advertising structure containing any obscene or illegal matter.

(7)

Any sign unlawfully installed, erected or maintained.

(8)

Signs having flashing, blinking or running type lights that create the effect of blinking or flashing.

(9)

Display or parking of a motor vehicle or trailer upon a lot or premises in a location visible from a public right-of-way, for the primary purpose of displaying a sign attached to, painted on or placed on the vehicle or trailer. Exceptions include vehicles used regularly in the course of conducting the principal use located on the premises and commercial vehicles parked overnight at the residence of a business owner or employee of a business or institution.

(10)

Signs having any visible portion either in motion or having the appearance of being in motion, whether on a continuous basis or at intervals, and regardless of whether the motion or appearance of motion is caused by natural or artificial sources, with the exception of electronic changeable message signs that do not create a flashing or blinking effect.

(11)

Billboard signs except as permitted in the B-2, B-3, I-1 and I-2 districts.

(Ord. No. 209, § 18, 1-2-07)

(a)

All signs shall be erected, altered and maintained at the risk of the owner thereof who shall assume full responsibility for consequences or damage caused thereby.

(b)

Permitted signs so erected, altered or maintained shall be removed by the owner upon thirty (30) days' notice from the building inspector where such signs are deemed to have become unsafe or not properly maintained unless such condition is corrected. Upon failure to remove or correct such conditions with thirty (30) days after notice, the building inspector shall have such sign summarily removed as a public nuisance.

(Ord. No. 123, § 20.2, 6-5-89; Ord. No. 209, § 19, 1-2-07)

Signs which no longer associated with an operating business, service or institutional establishment must be removed within thirty (30) days after written notification of the owner or owners or person or firm maintaining the sign or signs, by the building inspector. Upon failure to comply with the request, the building inspector shall have the sign or signs removed, the cost of removal to be borne by the person responsible for the sign, or upon whom notification has been served.

(Ord. No. 123, § 20.2, 6-5-89; Ord. No. 209, § 20, 1-2-07)

The following standards shall apply to display of temporary signs, including portable signs, banners and other displays for special events in B-1, B-2, B-3, I-1, and I-2 zoning districts.

(1)

Except as permitted for new businesses, temporary signs in excess of 16 square feet, banners, pennants, string lights, ribbons, balloon signs, inflatable signs and figures and portable signs ma be in place or erected for no more than sixty (60) days. For new business establishments located in a commercial or industrial district on consecutive display period of thirty (30) days and a total of seventy-five (75) display days may permitted within the first year.

(2)

The beginning of the display period for temporary or portable sign, banner or other similar display shall not be more than fourteen (14) calendar days from the date of the issuance of the permit.

(3)

There shall not be more than one (1) temporary sign in excess of sixteen (16) square feet, portable sign, banner or inflatable display, displayed per business on a property at any one (1) time.

(4)

Unless first issued a right of way encroachment permit under the provisions of chapter 16, article VI, temporary signs, portable signs and banners, inflatable displays and sandwich boards/A-frame signs (as only allowed in the CBD zoning district) are prohibited within the public street right-of-way or any public street easement.

(5)

No banner shall exceed thirty-five (35) square feet in area.

(6)

Temporary and portable signs shall not exceed eighteen (18) square feet per side with a maximum height of six (6) feet from ground level. The height of a portable or temporary sign includes any portion of a berm on which the sign is placed that is above the average grade between the street and the front of the principle building.

(7)

Portable signs shall be subject to the following additional standards:

a.

Illuminated portable signs shall be installed in conformance with all state and city electrical codes. No flashing or moving lights shall be used on any portable sign.

b.

All portable signs and components shall be firmly anchored to the ground in a manner which ensures that the sign will not constitute a safety hazard in the event of high winds, as determined by the building official.

Notwithstanding the provisions of sections 20-686 and 20-687 any temporary sign, portable sign or banner for which a permit has been issued pursuant to this article and which is placed or displayed in violation of this ordinance may be impounded by the city. Any costs associated with the removal and impoundment of the sign by the city shall be deducted from the deposit made at the time of application for the sign permit. Upon removal and impoundment of a sign, the city shall be deducted form the deposit made at the time of application for the sign permit. upon removal and impoundment of a sign, the city shall notify the sign owner and/or permit applicant of the city's intent to dispose of the sign. If it is not claimed and removed from the city's place of impoundment within five (5) business days from the date of the notice, the city may dispose of the sign in any manner it deems appropriate.

(Ord. No. 123, § 20.3, 6-5-89; Ord. No. 209, § 21, 1-2-07)

In the R-A, R-1, R-2, R-3, R-4, RM and RMH districts only the following signs shall be permitted:

(1)

Signs as permitted under section 20-672.

(2)

For residential subdivisions or site condominiums, multiple family developments, elderly housing, mobile home or manufactured home parks or permitted nonresidential uses, one (1) ground sign not to exceed forty-eight (48) square feet at the primary entrance(s) to the development or use is permitted. For residential developments the following regulations shall apply:

a.

A sign identifying the development is permitted only if a subdivision association or homeowners association is established and provisions are made for such an association to maintain the sign.

b.

The signs shall be constructed primarily with carved wood, brick, stone, wrought iron, terra cotta, glazed tile or similar decorative material in order to reflect and enhance the residential character of the area.

(Ord. No. 123, § 20.4, 6-5-89; Ord. No. 209, § 22, 1-2-07)

In the B-1 and RO district, no sign shall be permitted which is not accessory to the business conducted on the property except as permitted under section 40-672. Such sign may only be erected, painted, or placed on any exterior wall providing all of the following requirements shall be met:

(1)

No business establishment shall have a total of more than three (3) signs, provided the total sign area for all signs permitted on the face of any wall shall not exceed fifteen (15) percent of the area of the front face of the wall upon which such sign or signs are attached or related to. Buildings on corner lots shall be deemed to have two (2) front faces and one (1) additional sign may be permitted.

(2)

Wall signs shall be flat signs, attached and parallel to the face of any building wall complying with the provisions of this article. In addition, the following requirements shall be met:

a.

No sign shall extend farther than fifteen (15) inches from the face of the building to which it is attached; provided, however, that where a sign extends more than three (3) inches from the face of the wall, the bottom of the sign shall not be closer than ten (10) feet to the ground level below the sign.

b.

The maximum width of any sign shall not exceed ninety (90) percent of the width of the wall to which it is attached.

c.

No sign shall project above the roofline of the building to which it is attached.

(3)

Where entrance or exit to the business property is also provided at the rear or side from an adjoining parking area, the rear or side wall of the building facing upon such parking area shall be deemed to be an additional front face and shall be permitted one (1) additional sign as regulated in subsections (1) and (2); provided, however, that where a side yard or front yard of any residential district adjoins the business district, signs shall then be limited to one (1) additional flat,

(4)

Monumentalized sign with a total area not to exceed five (5) percent of the building face.

(5)

Where the second story of a business building is occupied by a separate commercial use, one (1) additional flat sign attached to the face of the second story wall meeting the requirements of this section shall be permitted.

(6)

One (1) of the permitted signs may be a freestanding pylon sign located at least fifteen (15) feet behind the front street property where the principal building is located at least fifty (50) feet from the property line, provided all the following requirements are met:

a.

The area of the sign shall not exceed a ratio of one (1) square foot in area for each linear foot of the combined setback of the sign structure and of the principal building from the front street property line.

b.

The sign shall not be closer to any side lot line than a distance equal to its height.

c.

The maximum height of a freestanding sign shall be thirty-five (35) feet.

(Ord. No. 123, § 20.5, 6-5-89; Ord. No. 209, § 23, 1-2-07)

In the B-2 district, no sign may be erected, painted or placed on any exterior wall unless all of the following requirements are met:

(1)

No business establishment shall have a total of more than three (3) signs, provided the total sign area for all signs permitted on the face of any wall shall not exceed fifteen (15) percent of the area of the front face of the wall upon which such sign or signs are attached or related to. Buildings on corner lots shall be deemed to have two (2) front faces and one (1) additional sign may be permitted.

(2)

Wall signs are permitted to project from the front building face, provided that no sign may project into the street right-of-way (street sign) and further provided:

a.

No sign may project a distance in excess of six (6) feet from the wall to which it is attached.

b.

No sign shall project a distance which exceeds a ratio of one (1) foot of projection for each five (5) feet of space between the sign and the nearest adjoining business or property.

c.

No sign shall be hung less than ten (10) feet above the ground or sidewalk level below it.

d.

The maximum width of any sign shall not exceed ninety (90) percent of the width of the wall to which it is attached.

(3)

Where entrance or exit to the business property is also provided at the rear or side from an adjoining parking area, the rear or side wall of the building facing upon such parking area shall be deemed to be an additional front face and shall be permitted one (1) additional sign as regulated in subsections (1) and (2); provided, however, that where a side yard or front yard of any residential district adjoins the business district, signs shall then be limited to one (1) additional flat, monumentalized sign with a total area not to exceed five (5) percent of the building face.

Where the second story of a business building is occupied by a separate commercial use, one (1) additional flat sign attached to the face of the second story wall meeting the requirements of this section shall be permitted.

(4)

Free standing or pylon signs. One (1) of the permitted signs may be a freestanding pylon sign located behind the front street property line; provided, however, that no such sign shall be erected on a lot of less than one hundred fifty (150) feet in width, except that on lots abutting a marked state highway of one hundred (100) feet or more in width, such signs may be erected on lots of one-hundred-foot width. No such sign shall be erected on a lot adjoining a lot in residential use under separate ownership where the principal residential building is less than one hundred fifty (150) feet distant from the sign location, the provisions of this article notwithstanding. The following conditions must be complied with:

a.

The sign shall not be closer than five (5) feet to the front street property line and shall be perpendicular to that line.

b.

No sign shall exceed forty (40) feet in height or one hundred (100) square feet in total area.

c.

The sign shall meet the side yard requirements of the principal building.

(5)

Billboards as the principal use on vacant lots, may advertise products or entities not related to the use of the property. Such sign shall meet all yard requirements of its zone provided that no such sign shall be closer than ten (10) feet to any property line nor closer than three (3) feet to the ground, and such three (3) feet shall be kept open and unobstructed. Any lot to be used for a billboard or signboard shall have at least sixty (60) feet of frontage on a marked state highway and be at least five hundred (500) feet from a similar use on the same side of the street. The area of the sign shall not exceed a ratio of five (5) square feet for each foot of lot width. No billboard sign or structural sign support shall be attached to a building.

(6)

Roof signs are prohibited.

(Ord. No. 123, § 20.6, 6-5-89; Ord. No. 209, § 24, 1-2-07; Ord. No. 225, § 31, 2-1-10)

In the CBD district, no sign shall be permitted which is not accessory to the business conducted on the property except as permitted under section 40-672. All of the following requirements shall be met:

No business establishment shall have a total of more than three (3) signs, provided the total sign area for all signs permitted on the

(1)

Face of any wall shall not exceed fifteen (15) percent of the area of the front face of the wall upon which such sign or signs are attached or related to. Buildings on corner lots shall be deemed to have two (2) front faces and one (1) additional sign may be permitted.

(2)

The maximum width of any sign shall not exceed ninety (90) percent of the width of wall to which it is attached.

(3)

No sign shall project above the roof line of the building to which it is attached and perpendicular street signs may extend outward from the wall not more than thirty-two (32) inches.

(4)

Perpendicular street signs shall not be internally illuminated.

(5)

Where entrance or exit to the business property is also provided at the rear or side from an adjoining parking area, the rear or side wall of the building facing upon such parking area shall be deemed to be an additional front face and shall be permitted one (1) additional sign as regulated in subsections (1) and (2); provided, however, that where a side or rear wall faces or adjoins any residential district, the signs shall then be limited to one (1) additional flat, wall sign with a total area not to exceed five (5) percent of the building face.

(6)

Where the second story of a business building is occupied by a separate commercial use, one (1) additional flat sign attached to the face of the second story wall shall be permitted. The area of the additional wall sign shall be limited to five (5) percent of the second story building face to which the sign is attached.

(7)

Where the principal building is located at least fifteen (15) feet from the property line one (1) of the permitted signs may be a freestanding pylon sign located at least five (5) feet behind the street right of way line. The maximum height of a free standing sign shall be fifteen (15) feet.

(8)

Gasoline service stations, used car lots and garages may display, in addition to the foregoing signs, the following signs which are deemed customary and necessary to their respective businesses:

a.

One (1) freestanding or pylon sign provided that each sign shall not exceed fifty-four (54) square feet in area on a side, shall not extend beyond the property line and shall not be less than tem (10) or more than thirty (30) feet above ground.

b.

One (1) temporary sign located inside the property line provided that the sign does not exceed eight (8) square feet in area.

c.

Incidental signs or lettering on the face of the building over individual entrance doors or bays provided that there shall be not more than one (1) such sign over each entrance or bay.

(9)

For the purpose of this section canopies, marquees and fixed awnings are considered an integral part of the structure to which they are attached. Such canopies, marquees and fixed awnings and signs attached thereto may be allowed in the central business district if they meet the following requirements:

a.

Awnings, canopies or marquees may have no part of the structure other than support nearer the ground surface than eight (8) feet;

b.

The architectural style of the awning, canopy or marquee shall be consistent with the building being served and shall be in compliance with the officially adopted streetscape plan for the CBD as applicable, if any;

c.

An awning, canopy or marquee may not project into the public right-of-way unless it has been issued an encroachment permit from the city council under the provisions of chapter 16, article VI. The awning, canopy or marquee may not project into the public right-of-way nearer than thirty (30) inches to the street curb or curb line. On corner lots this distance shall be at least seventy-two (72) inches. No awning or marquee shall be allowed to interfere with street signs, plantings, light fixtures or other decorative street fixtures installed by the city.

d.

No sign shall be hung from the awning, marquee or canopy unless the sign is above the top of the door or above eight (8) feet above grade. No such hanging sign may extend outward from the wall more than thirty-two (32) inches.

e.

No sign shall project beyond the ends of the marquee or canopy.

f.

The area of signs attached to or made part of an awning, canopy or marquee is considered part of the allowable total sign area and allowable total number of signs permitted under this section 20-761.

(10)

Sandwich board/A-frame signs may be permitted in the CBD district when issued a permit under the provisions of chapter 16, article VI. Such permits may allow for the placement of a stationary sandwich board/A-frame sign on the public sidewalk when in compliance with the following standards and the other requirements imposed by the city council under the provisions of chapter 16, article VI:

a.

Maximum height: Four (4) feet.

b.

Maximum area: Eight (8) square feet for each side.

c.

Location: The sign shall be stationary and may not be positioned closer than one (1) foot from face of curb. A minimum sidewalk width of four (4) feet shall remain free from obstruction.

d.

Maximum number: One (1) sandwich board/A-frame sign may be permitted for each storefront facing the street, regardless of number of tenant spaces within each building.

e.

Duration: Temporary, during business hours. The sign must be removed at the end of each business day, December to March only.

f.

Flashing lights, reflectors, balloons, streamers or other items attached to the sign structure are prohibited.

(Ord. No. 123, § 20.7, 6-5-89; Ord. No. 209, § 25, 1-2-07)

In the B-3 regional commercial, I-1 and I-2 industrial districts, unless otherwise specified, no sign shall be permitted which is not accessory to the principal use of the building or property. The following signs are permitted, provided that all of the following requirements are complied with:

(1)

One (1) freestanding sign, provided:

a.

The sign is not place in the front half of the setback required for the principal building.

b.

The sign complies with the side yard requirements for the principal building.

c.

The length of the permitted sign is not over ten (10) percent of the width of the building that the sign will set in front of.

d.

The height of the sign shall not exceed one-half the length as permitted above, but in no case shall the height of the sign exceed ten (10) feet.

(2)

One wall sign is permitted to project from the front building face, provided that no sign may project into the street right-a-way (street sign) and further provided:

a.

No sign may project a distance in excess of six (6) feet from the wall to which it is attached.

b.

No sign shall project a distance which exceeds a ratio of one (1) foot of projection for each five (5) feet of space between the sign and the nearest adjoining business or property.

c.

No sign shall be hung less than ten (10) feet above the ground or sidewalk level below it.

d.

The maximum width of any sign shall not exceed ninety (90) percent of the width of the wall to which it is attached.

(3)

Where entrance or exit to the business property is also provided at the rear or side from an adjoining parking area, the rear or side wall of the building facing upon such parking area shall be deemed to be an additional front face and shall be permitted one (1) additional wall sign as regulated in subsection (2); provided, however, that where a side yard or front yard of any residential district adjoins the business district, signs shall then be limited to one (1) additional flat, monumentalized sign with a total area not to exceed five (5) percent of the building face.

(4)

Billboards as the principal use on vacant lots, may advertise products or entities not related to the use of the property. Such sign shall meet all yard requirements of its zone provided that no such sign shall be closer than ten (10) feet to any property line nor closer than three (3) feet to the ground, and such three (3) feet shall be kept open and unobstructed. Any lot to be used for a billboard or signboard shall have at least sixty (60) feet of frontage on a marked state highway and be at least five hundred (500) feet from a similar use on the same side of the street. The area of the sign shall not exceed a ratio of five (5) square feet for each foot of lot width, up to a maximum of three hundred (300) square feet. No billboard sign or structural sign support shall be attached to a building.

(Ord. No. 123, § 20.8, 6-5-89; Ord. No. 209, § 26, 1-2-07)