The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This sign article is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in this chapter.

(Ord. of 5-1-2006, att.(13.1))

(a)

A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this article.

(b)

The effect of this article as more specifically set forth herein, is:

(1)

To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;

(2)

To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;

(3)

To provide for temporary signs with and without commercial messages in limited circumstances;

(4)

To regulate signs so as to prevent the degradation of the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation, and permanent economic growth;

(5)

To prevent the proliferation of signs which may result in roadside clutter that would impede the flow of information from businesses to consumers thereby harming the economic health of the community, and that would impede the flow of information from traffic signs and signal and therefore create hazards to drivers and pedestrians;

(6)

To lessen hazardous conditions, confusion and visual clutter caused by the proliferation, improper placement, illumination and excessive height and size of signs that compete for the attention of pedestrians and vehicular traffic, and impede vision of traffic, traffic control signs and devises;

(7)

To prohibit all signs not expressly permitted by this article; and

(8)

To provide for the enforcement of the provisions of this article.

(Ord. of 5-1-2006, att.(13.2))

Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined elsewhere in this chapter, shall be given the meanings set forth in such section. Principles for computing sign area and sign height are contained in section 32-299. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

Banner means a piece of fabric or similar material which is attached to a pole, or mounted as a temporary sign device no larger than 32 square feet.

Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zoned lot as the light source; also, any light with one or more beams that rotate or move.

Building official means the building official of the city or his designee.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used as a symbol of government, political subdivision, or other entity.

Lot means a platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

Marquee means any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Non-commercial message means any sign wording, logo or other representation promoting an activity other than a commercial activity.

Pennant means any lightweight plastic, fabric, or material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind as a means of attracting attention.

Person means any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

Principal building means a building in which the primary use of the lot on which the building is located is conducted.

Setback means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured from the property line to that portion of the building, statutory or sign which is most proximate to such line.

Sign means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign, animated, means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Sign, banner, means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Sign, building, means any sign attached to any part of a building, as contrasted to a freestanding sign.

Sign, building marker, means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Sign, canopy, means any sign that is part of or attached to an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Sign, changeable copy, means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this article. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this article.

Sign, directory, means a sign used to identify the location of structures or a single structure.

Sign, freestanding means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Sign, highway, means any sign which is located adjacent to a Federal Interstate Highway and which qualify for a special exception permit under section 32-314.

Sign, incidental, means a sign, generally informational, that has purposes secondary to the use of the zoned lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zoned lot on which the sign is located shall be considered incidental.

Sign, marquee, means any sign attached to, in any manner, or made a part of a marquee.

Sign, monument, means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. The term "monument sign" may include individual letters, numbers, figures mounted on a surface composed of stone, brick or other permanent structures. The supporting structure must rest on the ground.

Sign, portable, means any sign not permanently attached to the ground or other permanent structure, or sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal, day-to-day operations of the business, then the vehicle shall be parked in a designated parking space at the location of the business and furthest from the right-of-way at the location of the business.

Sign, projecting, means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Sign, residential, means any sign located in a district zoned for residential uses that contains no commercial message.

Sign, roof, means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, or extending vertically above any portion of the roof.

Sign, roof integral, means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

Sign, subdivision, means a sign located at the main entrances for identifying a subdivision.

Sign, suspended, means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Sign, temporary, means any sign that is used only temporarily and is not permanently mounted.

Sign, wall, means any sign attached parallel to, but within three inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

Sign, window, means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window or building.

Street means a public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

Street frontage means the length of any one property line of a premise, which property line abuts a legally accessible street right-of-way. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to a street shall be considered frontage, and yards shall be provided as indicated under the zoning definition for yards.

Zoned lot means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.

(Ord. of 5-1-2006, att.(13.3))

The following principles shall control the computation of sign area and sign height:

(1)

General computation of area.

a.

Freestanding signs. The area of a freestanding sign shall be computed as the entire area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure or similar character, with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such signs from the background upon which it is placed. The supports or structure upon which a freestanding sign is supported shall not be included in determining the sign area unless such supports are designed in such a manner as to form an integral part of the display; provided, however, that the surface area of the frame that is parallel to the display of the sign is no greater than 20 percent of the area of the sign displayed; and provided that the freestanding sign is no higher than six feet.

b.

Monument signs. The area of a monument sign shall be computed as the entire area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure or similar character, with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such signs from the background upon which it is placed. The supports or structure upon which a monument sign shall be included in determining the sign area whenever such supports are designed in such a manner as to form an integral part of the display; provided, however, that the area of the frame shall not be included in computing the area of the sign when the frame is composed of stone or brick and provided the frame contains or has attached no copy, words, writing, letters, or advertisement, although one trademark, insignia, coat of arms, or other similar identifying mark may be affixed to the frame, but may not be internally illuminated, and provided that the surface area of the frame that is parallel to the display of the sign is no greater than 100 percent of the area of the sign displayed; and provided that the monument sign is no higher than six feet.

c.

Other signs. The area of a sign other than a freestanding or monument sign shall be computed as the entire area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure or similar character, with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such sign from the background upon which it is placed. The supports or structure upon which any sign other than a freestanding or monument sign is supported shall be included in determining the sign area whenever such supports are designed in such a manner as to form an integral part of the display; provided, however, that the area of the frame shall not be included in computing the area of the sign when the frame is composed of stone or brick and provided the frame contains or has attached no copy, words, writing, letters, or advertisement, although one trademark, insignia, coat of arms, or other similar identifying mark may be affixed to the frame, but may not be internally illuminated, and provided that the surface area of the frame that is parallel to the display of the sign is no greater than 100 percent of the area of the sign displayed.

(2)

Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 24 inches apart from any point of the sign and the angle of separation does not exceed ten degrees, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is lower.

(4)

Computation of maximum total permitted sign area for a zoned lot. The permitted sum of the area of all individual signs on a zoned lot shall be computed by applying the standards contained in section 32-313 for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage, but signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.

(Ord. of 5-1-2006, att.(13.4))

(a)

Signs shall be allowed on private property in the city only in accordance with section 32-311. If the letter "P" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "S" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances.

(b)

Although permitted under subsection (a) of this section, a sign designated by an "S" or "P" in section 32-311 shall be allowed only if the size, location, and number of signs on the zoned lot conform with the requirements of sections 32-312 and 32-313, which sections establish permitted sign dimensions by sign type, and with any additional limitations listed in section 32-311.

(Ord. of 5-1-2006, att.(13.5))

(a)

If a sign requiring a building permit under the provisions of this article is to be placed, constructed, erected, or modified on a zoned lot, a sign permit shall be obtained prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of section 32-306.

(b)

No sign shall be erected in the public right-of-way except in accordance with section 32-303.

(c)

No sign permit of any kind shall be issued for a proposed sign unless such sign is consistent with the requirements of this article.

(Ord. of 5-1-2006, att.(13.6))

All signs shall be designed, constructed, and maintained in accordance with the following standards:

(1)

All signs shall comply with the applicable provisions of the most current standard building code, signs and outdoor displays and the current edition of the state minimum standard electrical code of the city at all times.

(2)

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(3)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times.

(Ord. of 5-1-2006, att.(13.7))

Signs allowed in the public right-of-way shall be placed behind the curb or sidewalk if present. No signs shall be allowed in the public right-of-way, except for the following:

(1)

Permanent signs. Permanent signs, including:

a.

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

b.

Bus stop signs erected by a public transit company or school district;

c.

Informational signs of public utility regarding its poles, lines, pipes, or facilities; and

d.

Awning and suspended signs projecting over a public right-of-way in conformity with the conditions of section 32-313.

(2)

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

(3)

Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing or maintaining such a sign the full costs of removal and disposal of such sign.

(Ord. of 5-1-2006, att.(13.8))

The following signs shall be exempt from regulation under this article:

(1)

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zoned lot or parcel on which such sign is located;

(3)

Works of art that do not include a commercial message;

(4)

Holiday lights and decorations with no commercial message, but only between November 1 and January 15; except that unless otherwise specifically provided in section 32-305, this exemption shall not apply to signs prohibited under section 32-305; and

(5)

Traffic control signs on private property, such as stop, yield, and similar signs, which meet state department of transportation standards and which contain no commercial message of any sort.

(Ord. of 5-1-2006, att.(13.9))

All signs not expressly permitted under this article or exempt from regulation hereunder in accordance with section 32-304 are prohibited in the city. Such signs include, but are not limited to:

(1)

Animated signs;

(2)

Beacons;

(3)

Pennants;

(4)

Portable signs;

(5)

Roof signs, or signs projecting above the roof line of a structure;

(6)

Strings of lights not permanently mounted to a rigged background, except those exempt under section 32-304;

(7)

Inflatable signs or displays and tethered balloons;

(8)

Flashing or intermittent lighted signs other than time and temperature signs;

(9)

Streamers;

(10)

Banners except as provided herein; and

(11)

Illuminated marquee, illuminated canopy, or illuminated projecting signs.

(Ord. of 5-1-2006, att.(13.10))

Signs identified with the letter "S" in section 32-311 shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the building official. Such permits shall be issued only in accordance with the following requirements and procedures:

(1)

Permit for new sign or for sign modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign. One application and permit may include multiple signs on the same zoned lot.

(2)

Inspection. The building official shall cause an inspection of a new sign or for modification of an existing sign if a permit is issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this article and with the building and electrical codes, the building official shall validate the previously issued building permit identifying the sign. If the construction is substantially complete but not in full compliance with this article and applicable codes, the building official shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the building permit shall lapse. If the construction is then complete, the building official shall validate the building permit as described in this subsection.

(Ord. of 5-1-2006, att.(13.11))

One temporary sign on private residential and commercial property shall be allowed without a permit or a fee being charged unless otherwise stated below and shall be subject to the following requirements:

(1)

Construction signs. Onsite building construction or home improvement signs shall have a total, combined maximum display surface area not to exceed six square feet for residential lots and 16 square feet for commercial or industrial lots. These signs shall all be attached to a single or double post, or a single freestanding sign as long as they are collectively grouped together. Only one construction sign shall be allowed on the same zoned lot. A construction sign shall be removed seven days after the project has received its occupancy permit from the city. A construction sign shall contain only the names of the contractors, architects, engineers, banks, and others involved in making the construction possible.

(2)

Home improvement signs. Onsite home improvement signs may be placed in the yard where said improvements are being made. No sign shall be placed on any tree or rock. Home improvement signs shall be a freestanding sign not exceeding six non-illuminated square feet and may be placed during construction, but must be removed no later than 14 calendar days after construction is complete.

(3)

Temporary subdivision signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 16 square feet in area per surface may be erected at any principal entrance (not to exceed two entrances) to a subdivision, provided that in no event shall such sign remain for more than six months within 50 feet of an occupied residential dwelling.

(4)

Real estate signs. One real estate sign shall be allowed, and only one sign may be placed on the same lot per street frontage, which advertises the subject structure or lot. Such signs shall not require a permit and shall be limited to wall and freestanding signs whose permitted illumination and maximum display surface area shall be as follows:

a.

Residential. Six non-illuminated square feet.

b.

Commercial. 16 non-illuminated square feet.

(5)

Banners. Banners shall be prohibited, except that Christmas decorations, including Christmas lights, hung by or under the supervision of the building official and/or the city water and light commission, shall be permitted without obtaining a sign permit. Banners placed on private property zoned or permitted for commercial or industrial activity advertising a special sales event or anniversaries are exempt only on the following condition: That such signs are not erected or placed more than seven days in any one calendar year, one sign per street frontage at 24 square feet, and a permit is issued with the beginning and ending date of the event at no cost, and it must be displayed on the site.

(6)

Garage/yard sale signs. There shall be only one sign per sale, no larger than four square feet, and placed on a single or double stake or other freestanding manner.

(7)

Estate sales or court ordered sales. The regulations for garage/yard sale signs shall apply with respect to signs for estate sales or court ordered sales.

(8)

Other temporary signs.

a.

Barber poles. Nothing contained in this article shall prohibit or restrict on-premises barber poles.

b.

Unless otherwise described in this section, and in addition to other signs authorized by this article, one temporary sign per lot shall be permitted regardless of the message conveyed on such temporary sign, subject to the following:

1.

The temporary sign cannot exceed four square feet in area; and

2.

The temporary sign cannot exceed three feet in height.

c.

In addition to subsection (8)b of this section, an unlimited number of temporary signs are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate.

(Ord. of 5-1-2006, att.(13.12))

Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided in this article.

(1)

To install, create, or erect any sign requiring a building permit without such a permit;

(2)

To install, create, or erect any sign in a way that is inconsistent with any plan or permit governing such sign or the zoned lot on which the sign is located;

(3)

To fail to remove any sign that is installed, created, or erected in violation of this article, or for which the building permit for such sign has lapsed; or

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this article.

(Ord. of 5-1-2006, att.(13.13))

Signs erected in the public right-of-way shall be removed without notice. If any sign is erected or maintained in violation of any of the provisions of this article, the building official shall have the power to give the owner thereof written notice of such violation, such notice to include a brief statement of the particulars in which this article is violated and the manner in which such violation is to be remedied. If a sign has been registered with the building official, notice to the registered owner or to the person or firm receiving the permit shall be sufficient. If a sign has not been registered and the owner is not known, affixing a copy of the notice to the sign, sign structure or building for a period of ten days shall be sufficient.

(Ord. of 5-1-2006, att.(13.14))

Signs which, on the date of adoption of the ordinance from which this article is derived, were approved and legally erected under previous sign restrictions, and which became or have become non-conforming with respect to the requirements of this article, may continue in existence, subject to the following restrictions:

(1)

In all use districts, signs which, on the effective date of the ordinance from which this article is derived, become non-conforming with respect to the requirements set forth herein may continue in existence provided that the size of the sign is not increased beyond that existing as of the effective date of the ordinance from which this article is derived.

(2)

A non-conforming sign shall not be replaced by another non-conforming sign, except that the substitution or interchanging of poster panels, painted boards or demountable material on non-conforming signs shall be permitted.

(3)

A non-conforming sign may not be replaced by another non-conforming sign except were changed conditions beyond the control of the owner render the sign non-conforming or warrant the sign's repair.

(4)

All banners, pennants, and portable signs in existence as of the adoption date of the ordinance from which this article is derived shall be removed within 12 months of the adoption of the ordinance from which this article is derived..

(Ord. of 5-1-2006, att.(13.15))

The following signs are permitted in residential, commercial and industrial districts:

P = Allowed without a sign permit.

S = Allowed only with a sign permit.

N = Sign not allowed.

CUS = Allowed only as a conditional use in accordance with section 32-562 and with a sign permit.

(1)

Signs may include only building name, date of construction, or historical data on historic site; and must be cut or etched into masonry, bronze, or similar material.

(2)

Only address and name of occupant allowed on the sign.

(3)

Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elected legislative body of competent jurisdiction, and institution or business flags flown in conjunction with the above-referenced flags, provided that such flag does not exceed 40 square feet in area and shall not be flown from a pole, the top of which, is more than 20 feet in height. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

(4)

No commercial message of any kind allowed on the sign if such message is legible from any location off the zoned lot on which the sign is located.

(5)

Height above sidewalks shall be a minimum of eight feet, six inches. The sign shall not project past the sidewalk.

(6)

No commercial message of any kind allowed on the sign.

(7)

Permanent subdivision signs may be placed at all major entrances. However, no permanent subdivision sign erected shall be maintained by the city. Permanent subdivision signs shall be erected under the following conditions:

a.

All signs are placed in an acceptable easement authorized for signage, not on public right-of-way;

b.

No more than two signs per entrance;

c.

Display surface area shall not exceed 16 square feet;

d.

Sign shall not be illuminated from the interior of the sign;

e.

Shall be no larger than six feet in height.

(8)

One window sign per street frontage shall be permitted per business establishment and shall be a maximum of six square feet.

(Ord. of 5-1-2006, att.(13.16))

(a)

Only one sign on a zoned lot or per 200 feet (or major fraction thereof) of street frontage shall be permitted in the RD, R40, and PRD30 zoning districts.

(b)

Only one freestanding or monument sign per lot or 200 feet (or main fraction thereof) of street frontage of the lot shall be permitted in the LC, GC, and GI zoning districts, except that separate requirements may be applied for each street on which a corner lot or double-frontage lot faces.

(c)

Only one building sign permitted per street frontage per business establishment.

(d)

Only one window sign per street frontage shall be permitted per business establishment and shall be a maximum of six square feet.

(e)

Lots fronting on two or more streets are allowed the permitted signage for each street frontage, but signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.

(f)

In addition to the limitation on the number of signs set forth in this section, one directory sign may be permitted for lots with multiple establishments zoned commercial or industrial.

(Ord. of 5-1-2006, att.(13.17))

(a)

Area.

(1)

The maximum square footage of any sign, except building, window, and directory signs, shall be:

a.

16 square feet in the RD, R40, and PRD30 zoning districts;

b.

32 square feet in the LC and GC zoning districts; and

c.

50 square feet in the GI zoning district.

(2)

The maximum area of a building sign shall be ten percent of the total area of the wall (including window and door areas) of which such sign is a part or to which each such sign is most nearly parallel; provided, however, that in no instance shall the building sign exceed 75 square feet in LC and GC zoning districts and 150 square feet in GI zoning district.

(3)

The maximum area of a directory sign shall be six square feet.

(b)

Height. The maximum height of any sign shall be six feet in the LC, GC, and GI zoning districts.

(c)

Setback. Each sign must have the following setbacks from any right-of-way:

(1)

Ten feet from the pavement, but must be outside of the right-of-way in the LC, GC, and GI zoning districts.

(2)

60 feet from any Federal Interstate Highway.

(3)

In addition to the foregoing setback requirements, no sign shall be permitted at the intersections of streets or streets and railroad rights of-way within a triangular area defined as follows:

a.

Beginning at a point on the curb line of one street, which point is 20 feet from the intersection with the curb line of the other street; then along the curb line to said intersection; then along the curb line of the other street 20 feet; then straight across the corner to the beginning point.

b.

Where there is no curb, measurements shall be along the edge of pavement. A railroad right-of-way shall be considered the same as a curb line.

(Ord. of 5-1-2006, att.(13.18))

(a)

Generally. Outdoor advertising signs shall be permitted only in zoning districts as allowed under the city zoning ordinance, shall be required to the be principal use of said property, shall meet all setbacks of the zoning district and shall be further regulated as follows:

(1)

No outdoor advertising signs shall be placed within 300 feet of an existing (or currently permitted and under construction) single or multifamily residential dwelling, church, public or private school, park or public building, measured from the closest property line.

(2)

No outdoor advertising sign shall contain an area in excess of 200 square feet (except outdoor advertising signs adjacent to an interstate) in area inclusive of any border and trim, but excluding the base apron, supports, and other structural members. Area to be measured by the smallest square, rectangle, triangle, circle or combination thereof which encompasses the entire sign.

(3)

No outdoor advertising sign shall contain more than one face visible from the same direction on the main traveled way. Back-to-back and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign.

(4)

No outdoor advertising sign shall be located adjacent to any street or road which is within 1,000 feet of another outdoor advertising sign on the same side of the roadway measuring from the two closest points.

(5)

No outdoor advertising sign may exceed the height limitations of the district in which it is located; provided that when the ground level is lower than the fronting road grade, then the height limitations may be raised so as to be no more than 35 feet above the fronting road grade.

(6)

Interstate signs shall meet the requirements of these provisions and are further regulated by subsection (b) of this section.

(7)

Illuminated signs shall use base-mounted fluorescent or mercury vapor lights and shall be activated by photoelectric cells. Additional lighting, including, but not limited to, neon, animation and running lights is prohibited. Illumination is further regulated as follows:

a.

The light from any illuminated sign shall not be of the intensity or brightness which will interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties or vehicular traffic on adjacent roadways.

b.

Lighting directed toward a sign shall be shielded or recessed so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential area.

c.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. Neither direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

(8)

Extrusions or extensions beyond the face of the sign, excluding aprons, are prohibited.

(9)

Only one sign shall be allowed to face the same direction per location. This allows back-to-back or V-type signs but prohibits two signs, side by side, facing the same direction, or double-faced.

(10)

Sign structures shall be no less than ten feet from any property or right-of-way line and shall meet the setback and buffer requirements of the zoning district.

(11)

No sign shall be placed in or obstruct the view of a marshland or area of historic interest.

(12)

Any legally erected sign which would become non-conforming as a result of this chapter would be allowed to remain until purchased by the state or county, provided that the sign owner meets the requirements of state laws and rules governing such signs.

(b)

Special exception. Lots which are zoned LC and GC and which have at least 400 feet of frontage on a Federal Interstate Highway may obtain a special exception permit for one free standing sign with a maximum area of 400 square feet. The height of the highway sign shall not exceed 65 feet. The maximum setback from any Federal Interstate Highway is 150 feet. The minimum setback from any public street right-of-way or property line is 40 feet.

(Ord. of 5-1-2006, att.(13.19))

(a)

It is the intention of this section that all questions arising in conjunction with the administration, interpretation, and enforcement of this article shall be initially determined by the building official. All decisions by the building official to deny an application for a sign permit shall be in writing and forwarded to the applicant.

(b)

Any decision by the building official to deny a sign permit application may be appealed to the planning commission provided that a written notice of appeal is received by the planning commission within ten days of the applicant's receipt of the building official's decision.

(c)

Once a notice of appeal is received, the matter shall be placed on the agenda of the next regular meeting of the planning commission. The decision of the planning commission shall be final.

(d)

Any person aggrieved by the decision of the planning commission shall have the right of certiorari to the superior court within 30 days after the written decision of the board is received by the applicant.

(Ord. of 5-1-2006, att.(13.20))