It is the intent and purpose of these sign regulations to qualify, supplement or define the allowable uses of the several types of signs allowed in the district regulations appearing elsewhere in this chapter. Further, this article is intended to:

(1)

Eliminate potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way.

(2)

Safeguard and enhance private investment and property values.

(3)

Control public nuisances.

(4)

Protect government investments in public buildings, streets, sidewalks, traffic control and utility devices, parks, and open spaces.

(5)

Preserve and improve the appearance of the city through adherence to reasonable aesthetic principles, in order to create an environment that is attractive to residents and to nonresidents who come to live, visit, work, or trade.

(6)

Eliminate excessive and confusing sign displays.

(7)

Encourage signs which by their design are integrated with and harmonious to the surrounding environment and the buildings and sites they occupy.

(Ord. No. 3826(1), art. XXII, § 1, 7-3-2001; Ord. No. 4035, § I, 12-2-2008)

Any sign shall, by definition, be a structure. No land or building or structure shall be used for sign purposes except within the stipulated districts listed in the sign use regulations specified herein. All signs legally existing at the time of passage of these regulations may remain in use under the conditions of legal nonconformance. Signs in legal nonconformance shall not be enlarged, moved, lighted, or reconstructed; however, the change of the advertising display shall not be restricted except as previously stated. After the effective date of the ordinance from which these regulations are derived, no sign shall be erected, enlarged, constructed or otherwise installed without first obtaining a sign permit, and a sign permit shall be legally issued only when in compliance with this sign regulation. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial. Scale drawings of the sign and manner of supports shall be furnished to the zoning administrator in application for a sign permit for all signs.

(Ord. No. 3826(1), art. XXII, § 2, 7-3-2001)

Functional types of signs are as follows:

(1)

Advertising sign. An advertising sign is a sign which directs the attention of the public to any goods, merchandise, property, business, service, entertainment or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.

(2)

Bulletin board sign. A bulletin board sign is a sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the names of persons connected with it, and announcement of persons, events or activities occurring at the institution. Such sign may also present a greeting or similar message.

(3)

Business sign. A business sign is a sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

(4)

Construction sign. A construction sign is a temporary sign indicating the names of the architects, engineers, landscape architects, contractors and similar artisans involved in the design and construction of a structure, complex or project only during the construction period and only on the premises on which the construction is taking place.

(5)

Electronic changeable copy sign. An electronic changeable copy sign is a sign or portion thereof that displays electronic, nonpictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, lightbulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays.

(6)

Electronic graphic display sign. An electronic graphic display sign is a sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, lightbulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.

(7)

Electronic messaging sign. An electronic messaging sign is an electronic changeable copy sign, an electronic graphic display sign, or video display sign.

(8)

Flashing sign. A flashing sign is a directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling.

(9)

Identification sign. An identification sign is a sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.

(10)

Illuminated sign. An illuminated sign is any sign which contains an element designed to emanate artificial light internally or externally.

(11)

Nameplate sign. A nameplate sign is a sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a professional status.

(12)

Real estate sign. A real estate sign is a sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof on which the sign is located.

(13)

Shimmering sign. A shimmering sign is a sign which reflects an oscillating sometimes distorted visual image.

(14)

Video display sign. A video display sign is a sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects.

(Ord. No. 3826(1), art. XXII, § 3, 7-3-2001; Ord. No. 4035, § II, 12-2-2008)

(a)

Gross area of sign.

(1)

The entire area within a single continuous perimeter enclosing the extreme limits of the sign, exclusive of the base on which it is mounted or from which it is suspended. If more than one side of a sign is utilized as a sign, then it shall also be computed and shall be counted as a portion of the gross area. On lots where more than one sign is located, the total gross area of all the signs shall not exceed the maximum gross area permitted by this regulation.

(2)

For computing the gross area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters.

(b)

Sign height. Sign height shall be measured from the ground elevation at the base of the sign to the highest element of the sign.

(c)

Illuminated signs. A sign designed to give forth artificial light or designed to reflect light derived from any source:

(1)

Illuminated signs shall be designed as to reflect or direct light away from any residential dwelling district.

(2)

Lighted signs in direct vision of a traffic signal shall not be in red, amber or green illumination

(3)

Flashing signs shall not be permitted which are in any way similar to traffic signals or emergency vehicle lights.

(d)

Accessway or window. No sign shall block any required accessway or window.

(e)

Signs on trees or utility poles. No sign shall be attached to a tree or utility pole whether on public or private property.

(f)

Metal signs.

(1)

Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine feet. Accessory lighting fixtures attached to a non-metal frame sign shall also maintain a clearance of nine feet to grade.

(2)

No metal ground sign shall be located within eight feet vertically and four feet horizontally of electric wires or conductors in free air carrying more than 48 volts, whether or not such wires or conductors are insulated or otherwise protected.

(g)

Traffic safety.

(1)

No sign shall be maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic or railroad control sign, signal or device, or where it may interfere with, mislead, or confuse traffic.

(2)

Any sign located within three feet of a driveway or within a parking area shall have its lowest elevation at least ten feet above the curb level; however, in no event shall any sign be placed so as to project over any public right-of-way except in the C-3 central business district. In no case shall any sign extend beyond the curbline of any street.

(3)

Under no circumstances shall any sign be placed in the sight triangle as defined by this regulation except in the C-3 central business district.

(h)

Setbacks. No advertising sign shall project beyond the front, side or rear building setback lines for the district in which it is located.

(i)

Electronic messaging and flashing signs prohibited; exceptions. Signs shall not be erected or maintained which contain, include, or are illuminated by any flashing light, electronic change in messages, electronic change in background colors, electronic change in light intensity, or electronic video display, except those giving highway public service information such as lane closures, road closures, and detours; those giving time, date, and temperature; and those as provided in subsection (i)(3) of this section.

(1)

Signs shall not be erected or maintained which are not effectively shielded so as to prevent:

a.

Beams or rays of light from being directed at any portion of the traveled way of any roadway; or

b.

Beams of light of such intensity or brilliance as to cause glare or impair vision of the operator of any motor vehicle.

(2)

No sign shall be erected or maintained which shall be so placed or illuminated that it interferes with the effectiveness or obscures any official traffic sign, device, or signal, or any official sign.

(3)

Electronic messaging signs are subject to the following provisions and requirements:

a.

The size and location of the sign shall be consistent with all other requirements of these regulations.

b.

The electronic display background color tones, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic or video display for on-site advertising signs shall not change at intervals less than eight seconds, except that on-site advertising signs 40 square feet or less in area and which are located on roadways posted 45 miles per hour or less speed limit shall be exempt from any intervals between changes in messages.

c.

The electronic display background color tones, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic or video display for off-site advertising signs shall not change at intervals less than eight seconds.

d.

The maximum duration of the transition of the electronic image or message change shall be no more than two seconds.

e.

All electronic messaging signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.

f.

Electronic messaging signs must not exceed a maximum illumination of 8,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 2,000 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.

g.

Electronic messaging signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one-half hour after sunrise.

h.

Audio speakers are not allowed with any electronic messaging sign, except as provided in subsection (i)(3)j of this section.

i.

Any form of pyrotechnics is prohibited in association with an electronic messaging sign.

j.

Permitted electronic messaging signs, not facing public roads or residential properties and used in drive-through restaurants, gasoline stations, and similar establishments serving motorists, shall be exempt from provisions in subsections (i)(3)a through e of this section; provided the electronic messaging sign area does not exceed eight inches in height or four feet in width or extend more than five feet above the ground. Audio speakers used in connection with signs permitted in this subsection shall not be audible beyond the property on which the sign is located.

(4)

The following are prohibited activities regarding the signs set forth in subsection (i)(3) of this section:

a.

No sign shall be permitted which includes or displays explosives, fireworks, or any other pyrotechnical devices.

b.

No sign shall be permitted which includes flashing signs, except as specifically permitted herein.

c.

No sign shall be permitted which includes shimmering signs, except as specifically permitted herein.

d.

No sign shall be permitted which includes audio devices, except as specifically permitted herein.

e.

No sign shall be permitted which revolves, pivots, or otherwise moves from a normal stationary or fixed position, except as specifically permitted herein.

(Ord. No. 3826(1), art. XXII, § 4, 7-3-2001; Ord. No. 4035, § III, 12-2-2008)

(a)

The following signs shall be exempt from the requirements of this article:

(1)

Flags or emblems of a governmental or of a political, civic, philanthropic, educational or religious organization displayed on private property.

(2)

Signs of a duly constituted governmental body, including traffic or similar regulatory signs, legal notices, warnings at railroad crossings and other instructional or regulatory signs having to do with health, safety, parking, swimming, dumping, etc.

(3)

Memorial signs and tablets displayed on private property.

(4)

Small signs, not exceeding three square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and other similar signs.

(5)

Scoreboards in athletic stadiums.

(b)

The following signs are exempt from the sign permit section of this article, but shall comply with all of the other regulations imposed by this article:

(1)

Nameplate signs not exceeding two square feet in gross area accessory to a single-family or two-family dwelling.

(2)

Bulletin board signs not exceeding 15 square feet in gross area accessory to a church, school or public or nonprofit institution.

(3)

Real estate signs not exceeding eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located only.

(4)

Professional nameplates not exceeding two square feet in area.

(Ord. No. 3826(1), art. XXII, § 5, 7-3-2001)

(a)

A-L agricultural district. Sign regulations for the A-L district are as follows:

(1)

Functional types permitted are as follows:

a.

Advertising signs.

b.

Bulletin board signs.

c.

Business signs, pertaining only to the sale of agricultural products produced on the premises and home occupations subject to the home occupation section of this regulation.

d.

Construction signs.

e.

Identification signs.

f.

Nameplate signs.

g.

Real estate signs.

(2)

Maximum gross area of advertising signs shall be 200 square feet on each side, as measured at the widest, tallest points, squared off.

(3)

Maximum height shall be 20 feet.

(4)

There shall be no required setbacks, except that advertising signs shall observe a setback of 100 feet.

(b)

R-S residential suburban district, R-1 single-family, R-2 two-family, R-3 multiple-family dwelling districts, M-P manufactured home park district, and M-S manufactured home subdivision district. Sign regulations for the R-S, R-1, R-2, R-3, M-P and M-S districts are as follows:

(1)

Functional types permitted are as follows:

a.

Business signs pertaining to a home occupation and subject to the sign requirements of the home occupation section of this regulation.

b.

Bulletin board sign.

c.

Construction signs.

d.

Identification signs.

e.

Nameplate signs.

f.

Real estate signs.

(2)

Required setback. No sign shall be placed beyond the front property line.

(3)

Illumination. Bulletin boards and identification signs may be indirectly illuminated with incandescent or fluorescent lighting.

(c)

C-O office and institution district. Sign regulations for the C-O district are as follows:

(1)

Functional types permitted are as follows:

a.

Bulletin board signs.

b.

Business signs.

c.

Construction signs.

d.

Identification signs.

e.

Nameplate signs.

f.

Real estate signs.

(2)

Required setback shall be ten feet.

(3)

Illumination. Illuminated signs shall be permitted provided they are not in conflict with any other section of this regulation.

(d)

C-S highway service district and HCP planned highway commercial district.

(1)

Functional types permitted in the C-S district are as follows:

a.

Advertising signs.

b.

Bulletin board signs.

c.

Business signs.

d.

Construction signs.

e.

Identification signs.

f.

Nameplate signs.

g.

Real estate signs.

(2)

Maximum gross surface area. Signs shall have a gross surface area of 200 square feet on each side, as measured at widest and tallest points, squared off.

(3)

Maximum height shall be 30 feet.

(4)

There shall be no required setback, except that advertising signs shall maintain the same setback that is required for principal structures.

(5)

Illumination. Illuminated signs shall be permitted.

(6)

Signs placed in the HCP planned highway commercial district shall be as permitted for all signs in the C-S district except as restricted as follows:

a.

The following structural types of signs shall be restricted in the HCP district: A project directory sign, which is an on-site sign containing the names and locations (in list or map form) of the individual components making up a shopping center or similar project, in a unified shopping center, which is a group of retail stores and/or service establishments designed to serve a community or neighborhood. The project directory sign shall be limited to only one sign per lot for each unified shopping center for each direct access point to Highway 160. A project directory sign may be a pole sign; however, other pole signs shall be restricted as stated in subsection (d)(6)b.2 of this section.

b.

The following structural types of signs shall not be permitted in the HCP district:

1.

Commercial balloon sign, which is an on-premises, temporary sign that is inflated and exceeds five square feet in area, as measured at the largest cross section, designed to advertise a specific product or service sold, produced or conducted on the premises, on which advertising copy, logos, symbols or emblems may or may not be printed, painted or attached. Commercial balloon signs may be tethered or mounted to a structure or the ground.

2.

Pole sign, which is a sign whose base of the face is more than six feet above ground level and is supported by poles or posts; except as a project directory sign as stated in subsection (d)(6)a of this section.

3.

Portable sign, which is an on-site sign designed in such a manner to be readily movable and not permanently attached to the property.

(e)

C-1 neighborhood shopping district. Sign regulations for the C-1 district are as follows:

(1)

Functional types permitted are as follows:

a.

Bulletin board signs.

b.

Business signs.

c.

Construction signs.

d.

Identification signs.

e.

Nameplate signs.

f.

Real estate signs.

(2)

Maximum gross area. Signs shall have a maximum gross area of one square foot of sign area for each one foot of lineal street frontage.

(3)

Maximum height shall be 30 feet.

(4)

Required setback shall be ten feet.

(5)

Illumination. Illuminated signs shall be permitted.

(f)

C-2 general commercial district. Sign regulations for the C-2 district are as follows:

(1)

Functional types permitted are as follows:

a.

Advertising signs.

b.

Bulletin board signs.

c.

Business signs.

d.

Construction signs.

e.

Identification signs.

f.

Nameplate signs.

g.

Real estate signs.

(2)

Maximum gross surface area. Signs shall have a maximum gross surface area of 200 square feet on each side, as measured at widest and tallest points, squared off.

(3)

Maximum height shall be 30 feet.

(4)

There shall be no required setback, except that advertising signs shall maintain the same setback that is required for principal structures.

(5)

Illumination. Illuminated signs shall be permitted.

(g)

C-3 central business district. Sign regulations for the C-3 district are as follows:

(1)

Functional types permitted are as follows:

a.

Bulletin board signs.

b.

Business signs.

c.

Construction signs.

d.

Identification signs.

e.

Nameplate signs.

f.

Real estate signs.

(2)

There are no limitations on maximum gross surface area.

(3)

Maximum height shall be 30 feet.

(4)

There shall be no required setback.

(5)

Illumination. Illuminated signs shall be permitted.

(h)

I-1 light industrial and I-2 heavy industrial districts. Sign regulations for the I-1 and I-2 districts are as follows:

(1)

Functional types permitted are as follows:

a.

Advertising signs

b.

Bulletin board signs.

c.

Business signs.

d.

Construction signs.

e.

Identification signs.

f.

Nameplate signs.

g.

Real estate signs.

(2)

Maximum gross surface area. Signs shall have a maximum gross surface area of 200 square feet on each side, as measured at widest and tallest points, squared off.

(3)

Maximum height shall be 30 feet.

(4)

There shall be no required setback, except that advertising signs shall maintain the same setback that is required for principal structures.

(5)

Illumination. Illuminated signs shall be permitted.

(Ord. No. 3826(1), art. XXII, § 6, 7-3-2001; Ord. No. 4035, § IV, 12-2-2008)

Except as provided in section 40-589, no sign shall hereafter be erected, constructed or altered in the area in which the city zoning and subdivision regulations apply except as provided in said regulations and until a permit for the same has been issued by the city building inspector. Application for a sign permit shall be made in writing upon forms furnished by the city building inspector and shall include such information as the building inspector may require.

(Ord. No. 3826(1), art. XXII, § 7, 7-3-2001)

Every applicant before being granted a permit hereunder shall pay to the building inspector a fee in an amount in accordance with a schedule of fees set forth by the governing body of the city.

(Ord. No. 3826(1), art. XXII, § 8, 7-3-2001)

A set of construction plans shall be submitted with the application. Such plans shall be approved by the building inspector prior to sign construction. Such plans shall be sealed by an engineer if substantial footings or foundations are required.

(Ord. No. 3826(1), art. XXII, § 9, 7-3-2001)