Chapter 1
Generally
5.101 Purpose and Intent.
The provisions of this section shall govern the construction alteration, repair, and placement of all signs and outdoor display structures together with their appurtenant and auxiliary devices in respect to structural and fire safety, height area, setbacks, and location.
The intent of this section includes the regulation of signs and outdoor advertising so as to enhance the overall aesthetics within the city, as well as to enhance traffic safety. This is accomplished through regulation that allows and provides a means of communication that is both attractive and safe for pedestrian as well as vehicular traffic. To achieve this purpose, the following objectives are outlined:
A. To control the location of all signs in a manner which will not obscure the signs of adjacent businesses and establishments.
B. To keep the signs at a reasonable height and scale to ensure their legibility and compatibility with their surroundings.
C. To prevent off-premises signs form conflicting with business, residential and public land uses.
D. To keep street intersections clear of signs which might obstruct or distract the view of motorist.
E. To restrict the proliferation of signs that will result in an inappropriate use of land.
F. To prevent visual pollution and improve the appearance of the city.
G. To prevent the obstruction of light, sunshine and air.
H. To safeguard and enhance property values, protect private and public investment in buildings and open spaces, and to protect health, safety, and general welfare.
I. To restrict excessive and confusing sign displays that do not relate to the premises on which they are located.
5.102 General Requirements.
A. Permit Required. Unless specifically indicated otherwise, a sign may not be constructed or erected unless a permit has been issued by the City. Refer to Section 5.110 for permit requirements and processes.
B. Signs in the public right-of-way. Only those signs maintained by the city, county, state, or federal governments may be located in, project into or overhang a public right-of-way or dedicated public easement. No permits shall be issued by the building and safety engineering division for any nongovernment sign that will project over or into public right-of-way or dedicated public easements until a review by the city engineer is conducted and approval granted by the director of the department of public works and services or his/her designee.
C. Measurement of Sign Area. For the purposes of determining compliance with the sign area requirements of this Article, sign area is calculated as follows:
1. Measurement of a sign includes the entire area within a circle, triangle, parallelogram, or polygon enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. This excludes the necessary supports or uprights on which the sign is placed but includes any sign tower.
2. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
3. In the case of a sphere, the total area of the sphere shall be divided by four to determine the maximum permitted sign area.
D. Readerboard Signs. Readerboard signs are any sign that includes a changeable copy area, either through physical means such as moveable letters or numbers, or electronic means through lighting or other effects. Readerboard signs are subject to the following regulations:
1. Change cycle. The message displayed on signs with an electronic readerboard area may change a maximum of once every 12 seconds. No message or image on an electronic readerboard sign may flash, move, be animated or use similar methods to attract attention.
2. Changeable copy area. The maximum changeable copy area for any site is 20 square feet.
E. Maintenance. Every sign permitted in this ordinance shall be kept in good condition as to repair and maintenance, as determined by the Building and Safety Engineering Division.
F. Compliance and measurement. Unless otherwise specifically outlined in the ordinance, all signs and outdoor display structures shall conform to the provisions of this ordinance as it relates to structures in report to height, setbacks and location. For purposes of determining setback, the area shall be measured from that portion of the sign that is the closet to the property line.
G. Signs permitted as accessory use. Signs are permitted when accessory to a permitted use, except for billboards which are a principal use.
H. Unsafe and unlawful signs.
1. All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the city. In event of conflict between this Code and other laws, the most restrictive shall govern.
2. All signs shall be so placed as to not interfere with visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or pedestrian movement on any public sidewalk or safety path.
3. No sign shall be erected, relocated, or maintained so as to obstruct fire fighting or prevent free access to any door, window, or fire escape.
4. When any sign becomes insecure, in danger of falling or otherwise unsafe or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm maintaining same, shall on written notice from the building and safety engineering division, forthwith in the case of immediate danger and in any case within not more than ten days, make such sign conform to the provisions of this ordinance, or shall remove it.
5. In situations when an improper placed sign is obstructing the point of ingress to or egress from a building or structure, the building and safety engineering division shall notify the owner or lessee of the building or structure, or the contractor, whoever shall be deemed responsible by registered or certified mail, informing them of the hazardous nature of such sign and such hazard shall be corrected within ten days after the receipt of the notification.
6. In situations where the placement and/or location of any sign that presents a danger to pedestrians or vehicular traffic, the chief of police or his/her designee shall notify the owner thereof, lessee or person having charge of the sign to cause the immediate relocation of the sign so as to alleviate the danger to the public.
I. Temporary and emergency safeguards. When there is a danger of actual and immediate collapse or failure of a sign or display structure or any part thereof which could endanger life, the building and safety engineering division shall remove such sign or display structure, whether or not the legal procedure herein described has been instituted. Costs incurred in the performance of such emergency work shall be paid by the municipality and the legal authority of the municipality shall institute appropriate action against the owner of the premises where the unsafe sign or display structure was located for the recovery of such costs. The owner of the premises shall be liable to the municipality for the full costs of such work.
J. Enlarging, reduction, or relocating signs. No sign shall be enlarged, reduced in size, or relocated except in conformity to the provisions of this ordinance nor until a proper permit has been secured. The changing of movable parts of an approved sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed an alteration provided the conditions of the original approval and the requirements of the original approval and the requirements of this ordinance are not violated.
K. Illumination. No sign shall be illuminated by other than electrical means and electrical devices and wiring shall be installed in accordance with the requirements of the National Electrical Code. In no case shall any open spark or flame be used for display purposes unless specifically approved by the administrator of the building and safety engineering division and the city fire marshal or his/her designees.
1. In no case shall any sign illumination exceed a level of illumination of 0.08 foot candles, and a luminous brightness of 2,400 feet lamberts, when measured from the nearest or adjacent residential zoned property.
2. Illuminated signs shall not be erected or maintained closer than 75 feet to a residential use district on which there exist structures used for residential purposes. Also, all lighting for the illumination of signs shall be directed away from and shall be shielded from any adjacent residential zoning districts. Further, these signs shall be so arranged so as to not adversely affect driver visibility on adjacent thoroughfares.
3. The director of the department of public works and services is hereby authorized to order a change in the type of illumination of red or green neon signs, which conflict with traffic lights in the city.
4. No sign shall have blinkers, flashers, or fluttering lights or other illuminating device which has a changing light intensity or brightness of color. Beacon lights are not permitted. Any form of animation or moving device shall not be permitted, unless otherwise approved by the city council.
5. No exposed reflective type bulbs and no strobe light or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.
L. Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure, and any sign permitted by this Article may contain a non-commercial message.
M. Obstruction Prohibited. No sign shall be placed so as to obstruct any fire escape, required exit way, window, or door opening used as a means of passage or as access for firefighting purposes.
5.103 Exempt Signs.
The following types of sign are permitted without requirement for a permit, subject to any listed standards:
A. Address signs. Address numbers legible from the street and one nameplate sign not exceeding two square feet in area indicating name of occupant(s) is permitted per lot.
B. Commemorative signs. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
C. Directional signs. Signs providing traffic or property use direction may be permitted in any nonresidential district. Such signage shall have a maximum total area of 40 square feet of sign face per property, and no single sign shall exceed ten square feet of sign face area. Entry and exit signs are allowed provided the signs are two feet from any front lot line and 20 feet from any side or rear lot line of an adjacent residential district. Horizontal directional signs on and flush with paved areas are exempt from these standards.
D. Institutional. Sign setting forth the name or any simple announcement for any public, charitable, educational or religious institution, located entirely within the premises of that institution, up to an area of 24 square feet. Such signs may be illuminated in accordance with the regulations contained hereinafter. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than six feet above ground level.
E. Murals are a design or representation painted or drawn on the exterior surface of a structure that, in the opinion of the building official, do not advertise a business, product, service or activity. Murals that are not advertising are exempt from any sign area requirements of this ordinance and shall not be included in calculations for allowable sign area. Murals that are determined to be advertising shall be included in the calculations for allowable building mounted sign area.
F. Occupant signs. Signs limited in content to name of occupant, address of premises, and signs of danger of a cautionary nature which are limited to: wall and ground signs, no more than two per street front; no more than four square feet per sign in area; no more than ten feet in height above grade, signs which may be illuminated only from a concealed light source which does not flash, blink, or fluctuate; and which are not animated.
G. Opinion signs.
1. Location. Opinion signs shall be confined into private property, and shall be set back from any property line 10 feet or half the setback applicable to a primary building in the zoning district, whichever is greater.
2. Display Period. Opinion signs may not be installed more than 30 calendar days prior to event to which they pertain, and shall be removed within 14 days of completion of the event to which they pertain.
3. Size and Height. Opinion signs shall not exceed an area of 5 square feet or a height of 4 feet.
H. Parking lot identification signs. Signs located in parking lots to identify limitations on the use of parking spaces, such as “customer parking,” “reserved parking,” or to identify barrier free accessible spaces are permitted, subject to the following:
1. The signs shall identify limitations on parking space use only and shall not contain commercial messages of any kind.
2. The signs shall have a maximum area of 1.5 square feet (a typical accessible barrier free parking space sign has a dimension of 1 foot x 1.5 feet).
I. Public signs. Signs of a noncommercial nature and in the public interest, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, identification signs announcing public recreational facilities or activities, signs for public buildings or uses, and the like.
J. Real estate signs.
1. In Residential Districts. Signs advertising premises for sale are permitted, and shall have a maximum area of six square feet for a single dwelling or building or vacant land. Permission to locate such sign shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of such sign.
2. In Nonresidential Districts. Signs advertising the sale, rental or lease of the premises on which the signs are displayed are permitted with a maximum total area of 12 square feet. Such signs shall be removed within 14 days of the sale, rental or lease. Additional signs for directional purposes only shall be allowed.
K. Rental signs on the premises announcing rooms for rent, apartments or houses for rent shall not exceed one square foot in area in an R-1, R-2 and R-5 residential zoned district. Such signs shall not exceed one and one-half square feet of area for each foot of building frontage in an R-3 and R-4 residential zoned district.
L. Seasonal decorations that do not convey a commercial message are not considered signage and shall not require a permit.
M. Signs within buildings. Any sign placed inside a building may be erected without a permit but subject to the safety regulations of the building code, provided that any sign permanently attached to the interior of the structure and visible from the exterior thereof shall comply with the provisions of this section.
N. Small signs. Signs not exceeding one square foot in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of building tenant.
O. Street signs. Signs erected by the city, county, state or federal government for street direction or traffic control.
P. Vehicles. Signs on vehicles of any kind, providing the sign is painted or attached directly to the body of the original vehicles and does not project or extend beyond the original manufactured body proper of the vehicle.
Q. Window Signs. Window signs that occupy not more than 25 percent of the inside surface of the window area of each floor level of a business or building are permitted.
5.104 Prohibited Signs.
The signs and sign elements are prohibited in all zoning districts:
A. Obscene Material. Signs that contain statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.
B. Hazard Generating Signs. Signs that contain or are an imitation of an official traffic sign or signal or contain the words “stops,” ”go slow,” ”caution,” “danger,” ”warning,” or similar words.
C. Traffic Sign Mimicry. Signs that are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.
D. Obsolete or Abandoned Signs. Signs that advertise an activity, business, product or service no longer conducted on the premises upon which the sign is located; signs with no face or no copy; faded or peeling wall signs; or signs in poor physical condition.
E. Mechanical or Kinetic Signs. Signs that contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices; or signs that swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by other legislation.
F. Portable Signs. Signs that are designed to facilitate the movement of the sign from one location to another. The sign may or may not have wheels, changeable letters, and/or hitches for towing.
G. Parasite Signs. Signs that are affixed to trees, public or private utility poles, rocks, shrubs, or abandoned building or structures.
H. Advertisement Benches are prohibited in any residential district.
5.105 Signs Permitted by Zoning District.
Signs requiring a permit include ground signs, building mounted signs, development entry signs, alley signs, and billboard signs. Such signs are subject to the requirements of this Section.
Note that signs in the C-C, G-O-T, MUD, and TC special purpose districts are subject to the sign requirements of the C-2 district.
A. Where Permitted. Ground signs, building mounted signs, development entry signs, alley signs, and billboard signs are allowed with a permit.
B. Ground Signs. Ground signs are subject to the area and placement regulations of the following Table 15 and the design standards of this section.
|
Zoning District |
Number Permitted |
Maximum Area |
Maximum Height |
Minimum Setback |
|---|---|---|---|---|
|
R-1, R-1A, R-1B, R-2 |
1 per home occupation |
1 sq.ft. |
3 feet |
10 feet from property line or 1/2 of the front yard setback for the district, whichever is greater |
|
R-1, R-1A, R-1B, R-2 |
|
Any commercial, office, service, industrial, community, education, institution, or recreation use may have a sign that complies with the standards of the C-O district. |
||
|
R-3, R-4, R-5 |
1 per street frontage |
50 sq.ft. |
10 feet |
No minimum setback |
|
R-5 |
1 per dwelling |
2 sq.ft. |
3 feet |
10 feet from property line or 1/2 of the front yard setback for the district, whichever is greater |
|
C-O |
1 per parcel |
50 sq. ft. |
5 feet |
No minimum setback |
|
C-1 |
1 per street frontage |
80 sq. ft. |
8 feet |
No minimum setback |
|
C-2 |
1 per street frontage |
50 sq. ft. |
8 feet |
10 feet from any property line |
|
C-3 |
1 per street frontage |
80 sq. ft. |
8 feet |
No minimum setback |
|
C-4 |
1 per street frontage |
100 sq. ft. |
20 feet |
No minimum setback |
|
IP-1 |
1 per street frontage |
40 sq. ft.(1) |
8 ft. |
1/4 of the minimum front yard setback for the district |
|
M-1 |
1 per street frontage |
80 sq. ft. |
10 ft. |
1/4 of the minimum front yard setback for the district(2) |
|
M-2 |
1 per street frontage |
80 sq. ft. |
10 ft. |
1/4 of the minimum front yard setback for the district(2) |
|
P-1 |
1 per street frontage |
50 sq. ft. |
8 ft. |
10 feet from any property line |
1 Shared Parking Areas. Where more than one tenant or building share a single parking area the maximum area of the sign may be increased by 20 square feet for each additional use.
2 Sign Setback on Constrained Lots. In situations where the front setback requirement cannot be adhered to due to the location of the building, ground signs shall be set back 1/4 of the available front yard area.
Design Standards Applicable to All Ground Signs:
1. Corner Clearance. In addition to any applicable sign setback requirements, all ground signs must comply with the clear vision area requirements of Section 2.303.
2. Materials. Ground signs shall be constructed out of decorative materials that complement the design of principal buildings within the development. Natural materials such as stone, decorative masonry, wood, or metal are preferred sign construction materials.
3. Landscaping. Low level landscaping should be provided around the base of the sign, but shall not obscure any part of the sign message.
4. Drive-Through Signs. Any use that includes a drive-through is permitted to have signs that relate to the drive-through facility, such as menu order board signs or information signs. The drive-through signs may have a maximum height of seven feet and a maximum area of 32 square feet per drive-through use, and shall not be included in the computation of total sign area or quantity for the parcel unless such boards are legible from a point of observation off the premises. All freestanding drive-through signs shall be monument-style signs with a decorative base at least as wide as the sign.
5. Site Plan Review Required. No ground sign may be erected, expanded, or developed until the Planning Department has administratively reviewed and approved its location. For the C-2 zone district, no ground sign may be erected, expanded, or developed until the Planning Commission has reviewed and approved its location.
6. Community and Institutional Uses in Residential Districts are permitted to have a ground sign that complies with the requirements applicable in the C-O district.
C. Building Mounted Signs. Building mounted signs are subject to the following standards:
1. Maximum Area. Each building may have building mounted signs with a maximum total area as follows. Where more than one tenant share a building, there shall be permitted one wall sign per tenant. The wall sign shall be allocated on a generally equal basis with the total area of all signs not exceeding that permitted in the district.
a. Residential Districts. Commercial, office, service, industrial, community, education, institution, or recreation uses shall comply with the building mounted sign standards of the C-O district.
b. C-O Districts. 2 square feet per lineal foot of ground floor frontage or 50 square feet, whichever is less. Buildings or uses with more than one street frontage may have additional wall signs with an area equal to 50% of that permitted for the primary frontage.
c. C-2 Districts. 3 square feet per lineal foot of ground floor frontage or 80 square feet, whichever is less. Buildings or uses with more than one street frontage may have additional wall signs with an area equal to 50% of that permitted for the primary frontage.
d. C-1, C-3, and C-4 Districts. 2 square feet per lineal foot of ground floor frontage or 100 square feet, whichever is less. Buildings or uses with more than one street frontage may have additional wall signs with an area equal to 50% of that permitted for the primary frontage.
e. IP-1 Districts.
i. Wall signs shall be permitted providing there shall be no more than one wall sign per street frontage and the signs shall be limited in size to no more than one square foot for each one foot of lineal building frontage, with a maximum area for any single sign and the total area of all wall signs not exceeding 100 square feet.
ii. Where more than one tenant share a building, there shall be permitted one wall sign per tenant. The wall sign shall be allocated on a generally equal basis with the total area of all signs to be limited to one square foot for each one foot of lineal building frontage, with a total surface area not exceeding 100 square feet in area.
f. M-1 and M-2 Districts. Wall signs and wall mounted signs may have a maximum area equal to 15 percent of building facade area not to exceed 200 square feet maximum.
2. Location.
a. In All Districts. Wall signs shall be attached directly to the building wall and the horizontal sign surface shall be parallel to the building wall.
b. In Commercial Districts. Building mounted signs shall only be located on a facade of the building that faces a street, an abutting parking area, vehicle circulation area that provides access to more than one parcel, or on a facade where a public entrance is located.
3. Wall Sign Projection. No sign shall project above any wall it is placed upon nor shall it project out from the wall more than six inches.
4. Wall Openings. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached.
5. Awning Signs. Sign lettering or logos may comprise up to 35% of the total exterior surface of an awning. Awnings with back-lit graphics or other kinds of internal illumination are prohibited.
6. Supports and Attachments. All signs shall be safely and securely attached to the building by means of metal anchors, bolts or expansion screws.
7. Clearance. Wall signs that project more than three inches from the surface of the wall shall maintain not less than 8 feet of clearance above a public sidewalk and a minimum of 15 feet above public driveways, alleys, thoroughfares, or easements, measured from ground level to the bottom of the sign.
8. Projecting Signs. The aggregate area of all wall and projecting signs per building or site shall not exceed the maximum permitted in the district.
a. Projection. Projecting signs may extend up to 4 feet, measured from the wall to which it is attached to the outer surface of the sign, or one-third of sidewalk width, whichever is less.
b. Ground Clearance. Projecting signs, including the sign face and all structural supports, shall maintain a minimum clearance of 8 feet above a public sidewalk and a minimum of 15 feet above public driveways, alleys, thoroughfares, or easements. Such clearance shall be measured from ground level to the bottom of the sign or any structural supports thereto.
c. Maximum Area. Projecting signs may have a maximum area of 12 square feet.
d. Materials. Projecting signs, including supports, shall be constructed out of wood or metal. Internally lit plastic signs are prohibited.
D. Development Entrance Signs. In any zoning district, subdivisions of single and two-family homes, housing complexes of more than one apartment or townhouse building, or commercial or industrial subdivisions with more than one parcel are permitted signs identifying the subdivision or housing complex. The size of such signs shall not exceed 200 square feet in area or 10 feet in height. Only one development entrance sign is permitted per street bordering or entering the subdivision, and each sign shall be set back a minimum of ten feet and shall be located wholly upon the premises.
E. Alley Signs. Any business with an entrance on an alley shall be permitted additional wall sign area of one square foot per linear foot frontage solely for signs facing such alley.
F. Billboards.
1. Where Permitted. Billboards may be established in the M-1 and M-2 districts.
2. Planning Commission Site Plan Approval Required. No billboard sign shall be erected, expanded, or developed until the planning commission has reviewed and approved its location in accordance with Article 6, Chapter 2, in addition to the standards of this section.
3. Spacing. Billboards shall comply with all of the following spacing standards:
a. Total per mile. Not more than three billboards may be located within one linear mile of one another, regardless of the fact that such billboards may be located on different sides of the street or highway. The linear mile measurement shall not be limited to the municipal corporate boundaries of the city where the particular street or highway extends beyond such boundaries. See Figure 11.
b. Spacing between billboards. No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway. See Figure 11.
c. Set back from residential districts. No billboard shall be located within 200 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall instead be 300 feet.
d. Set back from property lines. No billboard shall be located closer than 30 feet from a property line adjoining a public right-of-way or ten feet from any interior boundary lines of the premises on which the billboard is located.
Figure 11. Billboard Spacing Requirements
4. Sign Area. The surface display area of any face of a billboard may not exceed 300 square feet.
5. Maximum Height. The height of a billboard shall not exceed 40 feet above the grade of the ground on which the billboard sits, or the grade of the abutting roadway, whichever is higher.
6. Double-faced billboard structures (i.e., structures having back- to- back billboard faces) and V-type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard.
7. Tandem or Stacked Billboards Prohibited. Billboard structures having tandem or stacked billboard faces (i.e., two or more parallel billboard faces facing the same direction with one face being directly above the other) are prohibited.
8. Roof Billboard Signs Prohibited. No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building.
9. Illumination. A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles, or any adjacent premises. In no event shall any billboard have flashing or intermittent lights; rotating or oscillating lights; animated display panels that move; or video, LED, or similar screens that are designed to display video images, scrolling or animated text or graphics, or other similar effects that can unduly distract drivers and endanger the public health, safety and welfare.
10. Construction and Maintenance. A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces which can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness, and continued readability of message.
11. Compliance with Federal Regulations. A billboard established within a business, commercial, or industrial area, as defined in the Highway Advertising Act of 1972 (1972 PA106, as amended) bordering interstate highways, freeways, or primary highways as defined in such Act shall, in addition to complying with the above conditions, as permitted by the state act shall also comply with all applicable provisions of such act and the regulations promulgated thereunder, as such may from time to time be amended.
(Ord. No. 2291, § 1(H), 6-27-13)
5.106 Temporary Signs.
A. Temporary sign construction standards.
1. Standards. No temporary sign consisting of a display sign, banner, or other advertising device constructed of cloth, canvas, fabric, plastic, or other light temporary materials, with or without a structural frame, shall be erected onto the facade of any non-residential commercial structure, except as permitted by subsection 2, below.
2. When Permitted. The City may issue a permit for temporary signs of the type described in the preceding subsection 1 for a period of 30 days after the commencement of a new business at the location where the temporary sign will be located. The purpose of this provision is to allow new businesses to have appropriate signs while making arrangements for permanent signs. Any such temporary signs shall comply with the area and dimension requirements applicable to a wall sign in the district where they are located.
B. Temporary window signs. A business shall be permitted temporary exterior window signs which occupy not more than 25 percent of inside surface of the window area of such business. No such sign shall be displayed for more than 30 days in any 60-day period.
C. Construction signs and street banners. The following signs may be permitted for a period of 180 days and renewable for additional 60 days periods, by approval of the administrator of building and safety engineering division, or his/her designee, except as specified below.
1. Construction signs that identify the architects, engineers, contractors and other individuals of firms involved with the construction, but not including any advertisement of any product, and signs announcing the character of the building enterprises for the purpose for which the building is intended, during the construction period, to a maximum area of 16 square feet for each firm. The signs shall be confined to the site of the construction and shall be removed before any occupant permits are issued.
2. Street banners that advertise a public entertainment or event, if specifically approved by the director of the department of public works and services and only for locations designated by the director of the department of public works and services, during and for 14 calendar days before and seven calendar days after the event.
D. Cold air inflatable balloon signs. Cold air inflatable balloon signs are permitted in a C-0 commercial office, C-1 local business, and C-3 corridor commercial business districts. These signs shall be firmly attached to the commercial establishment of which the advertisement is intended, and can be in place for a period not to exceed 30 calendar days.
E. Development signs. Temporary signs announcing the names of architect, engineers, contractors, or other individuals involved with the subdivision or development of property shall be confined to the site of the subdivision and shall be permitted for one year from the date of erection. If development of the subdivision is not completed within one year, the sign shall be permitted to exist an additional period not to exceed one year. Temporary inflated markers or signs are prohibited as permissibly temporary signs.
F. Construction signs. Any sign announcing the names of architects, engineers, contractors, or other individuals involved with the construction, alteration or repair of a building (but not including advertisement of any products) or announcing the character of the building enterprises or the purpose for which the building is intended. Such signs shall be confined to the site of construction and shall be removed within 21 days after completion of the work. Signs shall conform with standards for subdivision signs.
5.107 C-2 District Sign Design Review Procedures.
All signs erected in a C-2 Central Business District shall be subject to design review approval by the DDA design committee.
A. Submittal Requirements. The applicant shall submit five copies of the following to the building official, all of which shall be under the seal of a registered architect, or members of American Institute of Graphics Arts, or a member of the Graphic Arts Association.
1. Location plans: Site plan of signs within the central business district shall indicate zoning district and location in the downtown.
2. Sign design plan. A detailed description of the sign, including elevation, scale, to not less than one-half inch equaling one foot, description of the materials to be used, and script, with a colored rendering of the layout of the proposed sign.
B. Design review. The planning administrator shall present the application with the above information (design review approval) to the downtown development authority, who shall review and approve/disapprove the proposed sign application. In making its decision, the DDA design committee record shall be expressed in writing and/or drawings as to the findings of fact and the reason for decision, with a statement of any conditions or limitations to which an approval or denial is subject to. In granting an approval, the DDA design committee shall make a findings or shall prescribe appropriate conditions and safeguards where applicable to insure the following:
1. The relationship of roadways, sidewalks, parking areas, and other right-of-way, to parking areas in the proposed development and to other right-of-way, both existing and proposed, adjacent to the site and on adjoining parcels, is conducive to the safe, efficient and expeditious movement of vehicular and pedestrian traffic, thereby avoiding undue traffic congestion and promoting public safety.
2. All signs shall be placed in a manner so as to be readily accessible, via public right-of-way, to fire and police protection, and that in any event, no structure shall be placed more than 500 feet from a public right-of-way, unless the accessibility of fire and police protection is otherwise assured.
3. The proposed sign will be compatible with the surrounding neighborhood to the extent that it will not adversely effect the development of adjacent or abutting properties.
4. The proposed sign will conform to all requirements and provisions of this ordinance.
5. The location of all proposed landscaping, fences, and lighting are shown, and are not incompatible with, or detrimental to, nearby properties or uses.
6. The height and dimensions of all signs are shown, and are not incompatible with, or detrimental to, nearby properties or uses.
5.108 Nonconforming Signs.
A. Legal Nonconforming Signs. Signs existing at the time of enactment of this ordinance and not conforming to its provision, but which were constructed in compliance with previous regulations shall be regarded as legal nonconforming signs and may continue to exist when maintained in good condition, but may not be:
1. Changed to a different nonconforming use unless such different use is found by the board of appeals appointed and acting under this ordinance, as amended, to be no more detrimental than the previous use.
2. Re-established after discontinuance for more than 12 months.
3. Extended, enlarged, relocated, or structurally altered.
B. Unsafe or Unlawful Signs. Signs that are classified as unsafe or unlawful as discussed in section 18.3, 3.7 shall be considered illegal nonconforming signs.
1. Any sign existing in violation of section 18.11 (prohibited signs) of this ordinance shall be classified as illegal nonconforming signs and shall be removed, attended, or repaired in accordance with this ordinance.
5.109 General Structural Requirements.
All signs shall be designed and constructed in conformity to the provisions for materials, loads and stresses of the city building code and the requirements of this section.
5.110 Licenses, Permits and Fees.
A. Filing plans and specifications and applications for permits.
1. Before any permit is granted for the erection of a sign or outdoor display structure, plans and specifications shall be filed with the building and safety engineering division showing the dimensions, materials and required details of construction including loads, stresses, and anchorage.
2. Application for sign permits shall be made upon forms provided for this purpose and shall be filed, along with the plans and specifications, in the office of the building and safety engineering division.
B. Issuance of permits.
1. No new sign shall hereafter be erected, constructed, altered or maintained except as herein provided and until after a permit has been issued by the building and safety engineering division. No permit shall be issued unless the sign complies with all of the requirements of this ordinance and all requirements of law and codes and ordinances of the city.
2. Permits for the erection of a sign shall only be issued to persons, firms or corporations licensed and qualified to carry on such work under all the provisions of this ordinance.
C. Licenses for sign erectors.
1. Every person, firm or corporation engaged in the business of erecting, altering or removing or installing signs for which permits are required by this ordinance shall be licensed to conduct such operations.
2. The license to engage in the business of erecting signs shall be known as a sign erector’s license and shall only be issued to those persons, firms or corporations which show sufficient knowledge and experience to satisfy the building and safety engineering division as to their ability to erect signs in a safe and substantial manner in accordance with the provisions of this ordinance.
3. Insurance certificates: Before a permit is issued for the erection of a sign, the installing company shall submit for filing with the building and safety engineering division, a certificate of insurance, approved by the city’s risk management division, for public liability in the amount of $100,000.00 for injuries to one person and $300,000.00 for injury to more than one person, and property damage insurance in the amount of $25,000.00 for damage to any property due to the actions of himself or any of his agents or employees.
4. Lapsing of insurance: At any time the insurance of any licensed sign erector is permitted to lapse, his right to hold a license and obtain permits shall automatically be revoked.
5. Bond required for sign erectors: Prior to issuance of a sign erector’s license, the person desiring such a license shall file with the administrator of the building and safety engineering division, or his/her designee, a good and sufficient surety company bond running to the city in the penal sum of $50,000.00 to indemnify, save, and keep harmless the city from any and all costs, damages, or expenses of any kind whatsoever which may be suffered by the city or which it may be put to, or which may accrue against it by charging to or recovering from the city from or by reason of the granting of permission to erect the signs, or by reason of any such acts or things done under or by authority or permission granted to erected such signs in the city or by reason of the negligence, failure, or refusal of any person to comply with all the provisions of this article applicable to such signs.
D. Application for licenses.
1. Every person, firm or corporation desiring to erect signs for which permits are required shall apply to the administrator of the building and safety engineering division, or his/her designee for a sign erector’s license and shall furnish the name and address of the proprietor, president or other senior officer in charge and such other pertinent information as may be requested. The administrator of building and safety engineering shall examine the qualifications of each applicant and shall certify in writing his approval or rejection of such license. All sign erector’s certificates of insurance must be approved by the city risk management office. Sign erector’s licenses shall expire on December 31st. The administrator of the building and safety engineering division, or his/her designee, may decline to approve a license for any of the reasons set forth in section 1-24 of the Code, and in the case of disapproval of an application by the administrator, the provisions of section 1-24 of the Code regarding the right of hearing before the city council shall apply.
2. Holders of sign erector’s licenses shall notify the building and safety engineering division of any change in the management or address of the firm or corporation.
3. Revoking of licenses: In case the holder of a sign erector’s license shall fail to comply with any notice relative to the improper construction or erection of any sign, the administrator shall notify the senior officer in charge of such firm or corporation to appear before him at a stated time and show cause why his firm’s license shall not be revoked. The notice to appear shall be in writing and shall be delivered to the address shown upon his records. After such hearing, or if the license holder shall fail to appear the administrator of the building and safety engineering division, or his/her designee, may recommend to the city council that it commence and pursue proceedings for the suspension or revocation of the license in accordance with the provisions of section 1-24 of the Code.
E. License for maintaining signs.
1. License required: No sign for which a permit is required herein shall be maintained unless the owner thereof shall have a license therefore.
2. Permit to be original license: The permit required herein for erecting a sign shall also be a license to maintain such sign until the expiration of license in the following license period for that particular address as regulated by chapter 8 of the Code, as follows: street address beginning with the letters:
A through F expire March 31.
G through M expire June 30.
N through R expire September 30.
S through Z expire December 31.
3. Subsequent licenses: At the expiration of the original license, the owner of every sign shall renew his license to maintain such sign annually. All the owners of signs now maintained and not licensed shall obtain a license, as herein provided.
4. No license shall be issued for any sign that does not comply with all requirements of this ordinance and applicable laws or Codes and ordinances of the city.
F. Fees for permits and license, and requests for refunds.
1. The fees for a sign or display structure permit, special inspections, overtime inspectors and fees for license for maintaining signs shall be established by the city council resolution.
2. In case where permit fee refunds are requested and made, due to contracts no being executed, a change of contractors or for any other valid reason, administrative fees, as determined by the building and safety engineering division, shall be deducted from the total amount of the permit fee. The administrative fee shall be based on the cost to the city of issuing, inspecting, and administering the permit or license in questions.
G. Expired licenses.
1. Signs retained after the expiration of maintenance licenses shall be removed. Failure to remove such a sign shall be a violation of the ordinance for which the property owner shall be responsible, and the occupant shall also be responsible, if the occupant is responsible for the sign. If such a sign is not removed by the owner or person responsible, the administrator of the building and safety engineering division, or his/her designee, shall issue a written notice to the owner indicating that such sign shall be removed within ten days, and giving notice that if it is not so removed, it will be removed by the city at the expense of the owner or responsible party shall be billed for the cost of removal. If the obligation is not a paid in full within 30 days for the date of the bill, in such case the city may assess any portion of the obligation that is unpaid, plus the administrative costs of the city for removal, billing, and assessing the costs against the parcel of property where the sign was located, as a special assessment, in accordance with the procedure set forth in chapter 2, Article 5, section 2-80 through 2-82 of the Code.
H. Identification of signs.
1. Signs of every class which come within the provision of this ordinance, must carry the imprint of the licensed erector in clearly legible letters, as follows:
2. On projecting signs, flat signs, pole signs, and all types of ground signs, the imprint of the licensed erector may be applied in the border thereof in color or by metal tag substantially and permanently attached to each and every sign in such a place on sign as can be seen from the sidewalk or street below such signs after they are erected.
3. On all roof signs, marquees, and billboards the imprint of the licensed erector may be applied in the border thereof in color, or on a separate metal panel attached to the framework of such erection.
4. In case of re-hanging or re-erection of any such sign as is required to carry the imprint of the erector, the new erector, if he be different than the original, must remove the imprint of the former erector and place his own imprint on the sign.
5.111 Enforcement and Inspection.
A. Enforcement Official. This ordinance shall be administered and enforced by the administrator of the building and safety engineering division, or his/her designee. The director of the department of public works and services shall be authorized to administer and enforce sign provisions which involve the public right-of-way or public easements.
B. Inspection Required. All signs, signboards, projecting signs, roof signs, and marquees, for which a permit has been issued shall be inspected by the building and safety engineering division and if found to have been well constructed, supported, braced and painted in accordance with approved plans submitted and in accordance with the provisions of this ordinance, then a certificate of inspection shall be issued, upon request, without charge to the owner or erector.
C. Concealed Anchorages. In cases where fastenings, anchorages, etc., are to be installed and bricked in or enclosed in such manner that the inspector cannot easily remove material to see anchorage, or fastenings and materials used, the sign erector who has secured the permit for such erection must advise the building and safety engineering division when such will be installed and stop further construction or erection of sign until such concealed anchorages are seen or approved by the building official.
D. Unsafe or Improper Construction or Installation. Should any new sign erection of any kind be found unsafe, insecure, improperly constructed or not in accordance with approved plans or the requirements of this ordinance, the sign erector shall be required to make any such erection safe, secure and according to requirements of this ordinance or entirely remove the sign within 48 hours from the time of notification, in writing, to that effect by the building and safety engineering division.
E. Yearly Inspection. All the several classes of signs shall be inspected by the building and safety engineering division once a year as to their safety, and if found to be well supported, painted to prevent corrosion, and so secured to the building as to safely support the weight of the sign as well as resist the required wind pressure, a certificate of such inspection shall be issued upon request. If, upon such inspection, a sign of any class be found unsafe, insecure, corroded or subject to corrosion so that the sign may become unsafe, or insecure before the expiration of the ensuing year, then the owner shall be required to make the sign safe and secure by causing such necessary repairs, additions, paint, etc., within ten days from the time of notification in writing to that effect from the building and safety engineering division and if such notice is not complied with, within the time specified, the administrator of the building and safety engineering division, or his/her designee, shall cause same to be removed. The cost for the removal of such sign shall be assessed against the property owner in accordance with sections 2-81 and 2-82 of the Code. It shall also be the duty of the administrator of the building and safety engineering division, or his/her designee, to order the removal of unsafe signs for which a permit and license is not required herein, and the maintenance of such a sign in an unsafe condition after receipt of notice to remove or repair the same shall be a violation of this ordinance.
F. Removal of Illegal Signs Located within the Public Right-of-Way. The director of the department of public works and services, in the event of violations, shall cause the removal of any unauthorized signs from the public right-of-way.