§ 27¼-3. Sign regulations.

Latest version.

(a)

Permits, and inspections.

(1)

Permits required. Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the city or cause the same to be done, without first obtaining a building permit for each sign from the building official as required by this chapter. Permits are not required for routine sign maintenance. Permits become null and void if work authorized is not commenced within six months after issuance of a permit and is not completed within 12 months thereafter, or if work is suspended or abandoned for a period of six months at any time after work has begun.

(2)

Application for permit. Application for a permit shall be made to the city upon a form provided by the building official and shall be accompanied by all information required to assure compliance with all appropriate laws and regulations of the city, including:

Name and address of owner of the sign.

Name and address of owner or the person in possession of the premises where the sign is located or to be located.

Clear and legible drawings with description definitely showing the location of the sign which is subject of the permit and all other existing signs for that particular business at that location.

Drawings showing the dimensions, construction type, support structures, size, electrical wiring, components, illumination method, materials comprising the sign and method of support.

Except for ground signs and locator signs in areas zoned C-1 and C-1-R, plan drawings of ground signs shall bear the stamp/seal and signature of a licensed engineer or architect indicating that the sign conforms to the provisions of the adopted building codes. Signs must be designed and constructed to meet wind loads of 70 miles per hour.

All lighted signs to be permitted in the city will bear the Underwriters Laboratories (UL) label and all neon and neon outline lighting will conform to the National Electrical Code.

(3)

Issuance denial. When the building official denies a permit, notice shall be given to the proper applicant or his authorized agent with a written statement of the reason or reasons for the denial of the permit. Said statement shall be made as an attachment to the permit application.

(4)

Appeals of permit denial. The proper applicant or his authorized agent may, within seven days after receipt of the written notice that a permit was denied by the building official, file a written notice of appeal to the board of adjustment and appeals. Such notice must be delivered to the office of the building official within this time period or the appeal will be dismissed. The board of adjustment and appeals must then hear the appeal within a reasonable time following the receipt of the appeal. The proper applicant or his authorized agent may, within seven days after receipt of the decision of the board of adjustment and appeals, appeal in writing to the mayor and city council, who then shall within a reasonable time after perfection of appeal, hear said appeal and shall determine the validity of the decision.

(5)

Permit fees. Application for permits shall be filed with the building official, together with a permit fee, as specified by the mayor and city council.

(6)

Inspection of signs. The person erecting, altering, relocating, enlarging or converting any sign shall notify the building official upon completion of the work for which permits are required and issued. All freestanding signs, including ground signs shall be subject to a footing and electrical inspection as required.

(7)

Unlawful signs. Every sign in the city shall be maintained in good structural condition. The building official may inspect and shall have the authority to order the painting, repair and alteration of signs and may order removal of signs which become dilapidated, abandoned or which constitute a hazard to public safety. The sign owner at the sign owner's expense shall pay any repair, painting, alteration, or removal ordered by the building official.

(8)

Location of signs and visibility. All signs shall be on premises, except as permitted specifically within the chapter. Signs may not be located within the vision clearance areas, the triangular shaped area located at the intersection of any combination of streets, alleys or driveways. Nothing may be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The sides of the triangle extend from the intersection of the vehicle travel areas. Signs must be located to provide unobstructed visibility and shall not be located between the heights of 2½ feet and eight feet from grade within this area. Structures and supports must have a combined total width of 12 inches or less and the combined total depth or 12 inches or less.

(9)

Design criteria. All signs, the surface area of which is greater than 100 square feet, shall be supported by internal bars or flexible faces. Except for support structures of sufficient strength and sufficiently sized metal tubing, all signs 25 feet or less will have a pylon pole cover. A pylon is a cover or jacket that hides the structural steel that supports the sign. This can be achieved by using metal, aluminum, brick, drivit or stone or a substrate that may accent the building.

(10)

Neon signs. All transformers used in connection with neon signs shall be protected by ground fault interrupting switches or shall be concealed within a protective box. No transformers used in connection with neon signs shall exceed 15,000 volts. Neon signs must bear the Underwriters Laboratories (UL) label.

(b)

Signs permitted within residential districts A-1, R-1, R-2, R-3, R-4 and R-5. Within residential districts, or within residential areas of mixed districts, the following signs are permitted:

(1)

Neighborhood/subdivision identification signs shall not exceed the dimensions and shall comply with the restrictions set forth below:

Permitted Sign Type	Neighborhood/Subdivision Identification
Maximum sign face area (sq. ft.)	32 square feet on each face
Number of faces	Two
Maximum height	Five feet
Illumination	Direct and indirect
Setback from property line	None required
Number	One per entrance

(2)

Electric signs are expressly prohibited in the residential zones of the city, except for neighborhood/subdivision identification signs and bed and breakfast, church and school signs.

(3)

Signs shall be located so as not to cause a safety hazard or visual obstruction to traffic, or to cause any other hazard to safety.

(4)

Signs advertising home occupations are limited to one sign not to exceed one square foot and mounted on the residential dwelling.

(5)

An allowed bed and breakfast establishment within a residential district shall be permitted no more than one identification sign. Such sign shall state the name of the establishment and its street address only. It shall not exceed four square feet in face area. No other copy, such as occupancy information ("Vacancy/No Vacancy," "For Lease," "For Rent," etc.) shall be permitted.

(c)

Signs permitted within C-1 and C-1-R.

(1)

Signs for buildings located in areas zoned C-1 and C-1-R containing less than a total of 10,000 square feet of floor area shall not exceed the dimensions and shall comply with the restrictions set forth below:

Type of Sign Permitted	Wall or Projecting	Ground
Maximum sign face area (measured in square feet)	32	32 on each face
Maximum height (measured from grade)	12 feet	Five feet
Maximum projection from wall	18 inches	N/A
Illumination	Direct or indirect	Direct or indirect
Number of faces allowed	Wall: one Projecting: two	Two
Number of signs per establishment	One per facing public street	One per facing public street

(2)

Signs for buildings located in areas zoned C-1 and C-1-R containing a total floor area of 10,001 square feet or more shall not exceed the dimensions and shall comply with the restrictions set forth below:

Type of Sign Permitted	Wall or Projecting	Locator (Ground Sign)
Maximum sign face area (measured in square feet)	32	50
Maximum height	20 feet, or at roofline, whichever is lowest	Nine feet
Illumination	Direct or indirect	Direct or indirect
Number of faces	Wall: One Projecting: Two	Two
Number of signs per establishment	One per facing public street	One per facing public street

(3)

Signs in parking lots located in areas zoned C-1 and C-1-R shall be for identification of the use of the parking lot and shall comply with the following requirements:

Such signs shall exceed neither 20 square feet in area, nor five feet in height on each face.

Such signs may be illuminated by a non-oscillating, concealed light source, but illumination by any spotlight or floodlight shall be prohibited.

(d)

Signs permitted within all commercial and industrial districts and areas of a PUD.

(1)

Businesses without a ground sign may have a wall sign that is larger than otherwise specified herein by adding to the wall sign dimensions the maximum face area permitted of the ground sign.

(2)

Signs shall not be permitted in public easements and public rights-of-way.

(3)

Based on the street frontage, the total sign face area (wall and ground) may be increased as follows: 200 feet to 400 feet, increase ten percent; 401 feet to 600 feet, increase 20 percent; 601 feet to 800 feet, increase 30 percent; 801 feet to 1,000 feet, increase 40 percent; over 1,000 feet, increase 50 percent.

(4)

Gasoline service stations and/or convenience stores, in addition to other permitted signs, are authorized two signs not to exceed 24 square feet of each sign face area for advertising. Signage on or a part of gasoline pump does not count in ordinance numbers.

(5)

Except as set forth herein, painted murals on the sides of buildings are permitted and are not considered to be a sign unless copy is included which advertises a business or service. If copy is included, this shall be considered a sign and must comply with this chapter, and shall be properly maintained by the owner.

(6)

Parking lots may have a sign for identification of the use provided it complies with the following requirements:

Such signs shall not exceed 64 square feet in area, or five feet in height.

Such signs may be illuminated by a non-oscillating, concealed light source.

(7)

In commercial and industrial districts decorative flags of eight square feet or less in size that shall be mounted on individual poles. A minimum distance of 25 feet shall separate such poles, except that four poles may be clustered at one location per street frontage of any commercial, industrial property or PUD. If the option to cluster is exercised, no other poles other than the cluster of four poles shall be erected along that street frontage of any one such property. Flags may contain a logo and shall be subject to the height and front yard setback requirements for the respective district.

(e)

Signs permitted within districts C-2, C-3, C-3-R, 1-1, 1-2 and 1-3, commercial and industrial areas of a PUD.

(1)

Signs are permitted for single tenant free standing structures, but shall not exceed the dimensions and shall comply with the restrictions set forth below:

	** Less than 2,900 Sq. Ft. of Floor Area		**2,901 to 15,000 of Sq. Ft. Floor Area		**15,001 to 30,000 Sq. Ft. of Floor Area		**30,001 to 100,000 Sq. Ft. of Floor Area
Type sign permitted	Wall	Ground	Wall	Ground	Wall	Ground	Wall	Ground
Sign face area* (sq. ft.)	200	180 each face	200	190 each face	200	200 each face	200	210 each face
Maximum height (measured from grade)	35' or not to exceed the height of the front parapet wall	35'	35' or not to exceed the height of the front parapet wall	35'	35' or not to exceed the height of the front parapet wall	35'	35' or not to exceed the height of the front parapet	35'
Number	Two per facing public street	Two per 500 feet of frontage	Two per facing public street	Two per 500 feet of frontage	Two per facing public street	Two per 500 feet of frontage	Two per facing public street	Two per 500 feet of frontage
Illumination	Internal	Internal	Internal	Internal	Internal	Internal	Internal	Internal

Based on the street frontage length, the total sign face area (wall and ground) may be increased as follows: 200 feet to 400 feet, increase 10 percent; 401 feet to 600 feet, increase 20 percent; 601 feet to 800 feet, increase 30 percent; 801 feet to 1,000 feet, increase 40 percent; and over 1,000 feet, increase 50 percent. Signage on the wall and building shall not exceed 30 percent of the area of the building's frontage.

Indicated footprint of ground foundation signs for retail establishments in excess of 100,001 square feet of floor area will increase ten percent for each additional 100,000 square feet of floor area.

(2)

Permitted signs for establishments located in a shopping center. Stores and establishments in shopping centers may have building front signs provided such signs meet the following criteria and only if such store or establishment has road frontage.

Type Sign Permitted	Building Front Sign
Maximum height	25 feet or roof line, whichever is less
Number	One per facing each face public street
Illumination	Internal
Maximum sign face area (sq. ft.)	Sign area conforming to height restrictions and not covering more than 30 percent of the square footage of the store front wall.

(3)

Permitted shopping center locator signs. Shopping centers may have shopping center locator signs, provided such signs meet the following criteria.

	Less than 10,000 Sq. Ft. of Floor Area	10,000 to 30,000 Sq. Ft. of Floor Area	More than 30,001 Sq. Ft. of Floor Area
Sign face area* (sq. ft.)	100	150	300
Maximum height	25 feet	25 feet	25 feet
Number	One	One per facing public street, total sign face area of all locator signs not to exceed 200 sq. ft.	One per facing public street, total sign face area of all locator signs not to exceed 400 sq. ft.
Illumination	Internal	Internal	Internal

(f)

Location of free standing signs.

(1)

No sign may extend beyond the property lines of the property on which the sign is located nor interfere with any public right-of-way or public easement.

(2)

No sign shall be located so as to cause a public hazard, obstruct or impair motorists' vision, diminish safe ingress and egress to or from any property or impede flow of pedestrian or vehicular circulation in parking areas, sidewalks, or public roads or other such regularly traveled areas.

(3)

For circumstances not otherwise specified herein, the most restrictive number, maximum height, and square footage of sign face permitted in paragraphs (b)(1) and (e)(1) of this section shall apply to free standing signs, depending on the applicable zoning district where the sign is to be located.

(g)

Signs prohibited in the city.

(1)

Prohibited signs enumerated. Except as may be permitted in the historic district of the city, the following signs are prohibited within the city, and no permits for the construction of such signs will be issued, and all existing signs of this nature that are now within the corporate limits of the city or which may hereafter come into the corporate limits of the city will be classified as unlawful.

Signs located in public areas or right-of-ways; removal. With the exception of public signs erected by or on behalf of governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; and awnings, projecting and suspended signs which conform to the conditions of these regulations.

Sign, portable. The following shall be considered portable signs:

Any movable sign that is not permanently attached to either the ground or a structure; and

Any moveable sign designed to be transported, including, but not limited to:

Signs designed to be transported by means of wheels;

ii.

Signs converted to A or T frames;

iii.

Menu and sandwich board signs;

iv.

Balloons used as signs;

Umbrellas used for advertising; and

vi.

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 operation of the business.

vii.

Flashing arrow signs and signs which are substantially similar to such signs.

For descriptive purposes only, examples of signs described in subsection b. are shown below:

No portable sign as described herein may lose its definition of a portable sign through efforts to permanently locate or affix such signs into the ground through various ways, including pouring of stone, gravel, concrete, cement, brick and mortar or other such similar techniques or methods to remove the portable nature of such signs. Further, no permits for construction shall issue to convert such signs as described herein, into permanent signs.

Suspended signs. Suspended signs above right-of-ways.

(2)

Removal. All signs listed above in this subsection (g) shall be removed within six months from the date of the adoption of this chapter.

(h)

Off-premise advertising. Moratorium. No outdoor off-premise advertising shall be constructed or erected. An off-premise sign already lawfully constructed at the time of the enactment of this chapter must be maintained only by painting or refinishing the surface of the sign face or sign structure so as to keep the appearance of the sign as it was when lawfully constructed.

(i)

Permit exceptions—Activities. The following activities shall not require a permit from the city, but signs erected pursuant to this exception shall comply with other provisions of this chapter:

(1)

Altering the advertising copy or message on an existing approved sign or marquee that is specifically designed for the use of replacement copy.

(2)

Painting, cleaning or other normal maintenance and repair of a sign not involving structural changes.

(j)

Exempt. The following types of signs are exempt from both the permitting requirements of this chapter and the other regulations in this chapter:

(1)

Construction signs, instructional signs, name plates, official and unofficial flags, governmental signs, holiday decorations, interior signs, plaques, public notices, and warning signs are exempt from this chapter.

(2)

Official traffic signs or sign structures, or municipal information signs and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency.

(3)

Temporary signs. The following temporary signs are allowed and subject to the permit requirements. Temporary signs shall not be affixed to poles, trees, wire utility lines or any publicly owned property.

Non-electrical signs, with less than 35 square feet of sign face, are permitted for a period of two weeks, per calendar year when advertising drives or events of a civil, educational or religious nature are involved.

Each business in the city is permitted one non-electrical sign, not to exceed 35 square feet of sign face area on each face, for a period of two weeks per calendar year provided it is not located on a public right-of-way nor causing a traffic hazard.

Banners. Banners are illegal unless first permitted by the city building inspection department upon application in writing pursuant to the city's permitting procedures.

No permit for a banner sign shall be granted to any person, event or business for a period of less than one week. Except as otherwise set forth herein, no single business, event or applicant shall be permitted to display any more than three banners on any parcel of property in a calendar year. Nor shall it be permitted for any location to display banners for longer than a total of three weeks in any calendar year regardless of the number of banners.

Once a business or applicant has exhausted the three-week maximum permissible period for the display of banner signs, a business or applicant may apply to display additional banner signs for the purpose of advertising special events. Except as otherwise set forth herein, special event banners are subject to all the terms of this subsection 27¼-3(j)(3)c.

Temporary banner signs shall not exceed 36 square feet in area on each face.

Owners or occupiers of property, where illegal banners are displayed are subject to a $100.00 municipal offense ticket fine for the first offense and $200.00 municipal offense ticket fine for each subsequent offense. No business with unpaid municipal offense ticket fines may be granted a permit for any temporary signs, including banners.

Inflatable displays. These displays are permitted under the same guidelines as temporary signs. The maximum height is 25 feet and shall be setback a minimum of 25 feet from the edge of the right-of-way. These displays may not be placed on a roof structure.

(4)

Temporary signs that do not require a permit. The following temporary signs are allowed and do not require a permit.

Real estate signs.

On-premise real estate "for sale" or rental signs (residential): No more than two "for sale" or rental signs per residential property are permitted, provided such signs are located entirely within the property, do not exceed four square feet in copy area and are removed within 15 days after closing the sale of rental or the property.

On-premise real estate "for sale" or "for rent" signs (commercial): One real estate "for sale" or "for rent" sign for commercially zoned properties is permitted. Another sign is permitted for each additional 500 feet of frontage, provided such sign(s) is (are) located entirely within the property and does (do) not exceed 32 square feet of copy area per each face. Such sign(s) shall be removed within 30 days of closing the sale or rental.

Construction signs. Non-illuminated signs with less than 40 square feet of sign face are permitted for a period beginning no sooner than actual demolition or construction activities begin and continuing until no later than the permanent sign is erected or the certificate of occupancy is issued, whichever comes sooner, provided said sign is not located on a public right-of-way nor causing a safety or traffic hazard.

Election signs. Signs for political campaigns, or election referendums or other matters to be decided at a government sponsored election or vote do not require a permit. Such signs are limited as follows:

Such signs shall be removed within five days after the day of the final election for which the vote is taken.

(k)

Legal nonconforming signs.

(1)

Except for those signs specified in subsection (g), any sign erected or existing as of the effective date of this chapter, but which does not conform to the provisions of this section, is hereby deemed a legal nonconforming sign. A legal nonconforming sign may be maintained by painting, re-designing and updating, including structural or other substantive maintenance. However, any such maintenance shall not be permitted to cause an increase in either the height of the overall structure or the square footage of the sign face.

(2)

Any maintenance that results in an increase in sign height or square footage of the sign face shall be deemed an abandonment of the legal nonconforming sign and shall render any prior permit(s) void and shall result in the reclassification of such sign as an unlawful sign and subject to all remedies in section 27¼-6, enforcement, penalties and remedies.

(3)

In the event a legal nonconforming sign is damaged by windstorm, hail, vehicles, explosion, fire or other sudden event and such damage exceeds 50 percent physical damage to the overall structure, such sign shall lose its legal nonconforming status and shall be deemed an unlawful sign and shall be subject to all remedies in section 27¼-6, enforcement, penalties and remedies.

(l)

No sign shall be permitted which does not conform to the provisions of this chapter. No sign shall be permitted after the date of the adoption, enrollment and publication of this chapter that does not conform in all respects to the requirements and provisions of this chapter.

(Ord. of 3-27-07, art. III; Ord. of 11-20-07)

                    
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