176.31    SIGNS.  This section is intended to promote, preserve, and protect the health, safety and general welfare of the public by providing reasonable regulations and standards relating to signs.

1.         Definitions.  Unless specifically defined below, words or phrases used in this section shall be defined in accordance with Section 176.06 of this chapter.  Words or phrases not defined below or in Section 176.06 shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

A.                 “Arcade sign” means any sign attached to the underside of a structural overhang, awning, canopy or similar building projection.

B.                 “Awning” means a shelter projecting from and supported by an exterior wall of a building constructed of non-rigid materials on a supporting framework.  An awning may be either retractable or non-retractable.

C.                 “Awning sign” means any permanent sign attached, sewn, or otherwise affixed to the front or valance of an awning.

D.                 “Banner” means any sign constructed of flexible material such as cloth or plastic but not an awning sign.

E.                  “Building sign” means any permanent on-premises sign supported, attached, or painted on any building or structure.  This classification includes the following specific sign types:  arcade signs, awning signs, banners, canopy signs, mural signs, nameplates, projecting signs, roof signs and wall signs.

F.                  “Bulletin board” means any permanent free-standing sign containing a changeable message board listing the names, times, uses, and locations of various services or activities within a building or group of buildings.

G.                 “Canopy” means a shelter projecting from and supported by an exterior wall of a building and constructed of rigid materials.  A marquee is considered a canopy in the context of this section.

H.                 “Canopy sign” means any permanent sign attached or otherwise affixed to the front or top of a canopy.

I.                    “Construction sign” means any temporary sign identifying the proposed construction or development of a building or site, including identification of the developers, engineers, architects, contractors, financiers, or others involved with the project.  A construction sign may also include announcements of the character, enterprise or purpose for which the development is intended.

J.                   “Double-frontage lot” means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

K.                “Free-standing sign” means any permanent sign supported by uprights or braces placed in the ground and not attached to any building or wall.  This classification includes the following specific sign types:  bulletin boards, ground signs, information signs, pole signs, shopping center signs and subdivision signs.

L.                  “Ground sign” means any permanent free-standing sign with all or a portion of a sign surface located less than six (6) feet from grade.

M.               “Illuminated sign” means any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

N.                “Information sign” means any permanent free-standing on-premises sign giving directions, instructions, or information to vehicular or pedestrian traffic.

O.                “Marquee” – See “canopy.”

P.                  “Model home sign” means any temporary sign identifying a building or portion thereof as a model home, model apartment, model condominium, or similar use.

Q.                “Mural” means a large expanse of wall area covered by paint or other artistic medium that does not contain any advertising or commercial symbolism such as logos or trademarks or does not represent any product, except to identify the artist.

R.                 “Mural sign” means an expanse of wall area covering at least 10% of the surface area of the wall with paint or other artistic medium creating a pictorial or abstract design representation which contains advertising, commercial symbolism such as logos or trademarks, or any representation of a product, except to identify the artist.

S.                  “Nameplate” means a permanent thin flat plate, tablet or plaque used only for building or occupant identification.

T.                  “Nonconforming sign” means any legally established sign which by the adoption of the ordinance codified in this section is made nonconforming due to its location, size, height, area, spacing or similar provision of this section.

U.                 “Off-premises advertising sign” means any sign which directs attention to an activity, establishment, product, or service which is located, conducted, or offered elsewhere than on the zoning lot upon which the sign is located.

V.                 “On-premises sign” means any sign which has the primary purpose of advertising, identifying, and/or directing attention to an activity, establishment product, or service which is located, conducted, or offered in or upon  the zoning lot upon which the sign is located.

W.               “Permanent sign” means any sign that is not a temporary sign.

X.                 “Pole sign” means any permanent free-standing sign with a complete sign surface elevated six (6) feet or more in height supported by one or more vertical poles or columns placed on the ground.  A shopping center sign is not considered a pole sign within the context of this chapter.

Y.                 “Portable sign” means any sign which by its construction or nature may be or is intended to be freely moved from one location to another.  When on a trailer, the removal of wheels or undercarriage does not change the classification of the sign.  The anchoring of a portable sign by means of concrete blocks, sandbags, or other types of temporary anchors does not place the sign in another category.  “Sandwich” signs or similar portable free-standing signs are considered portable signs in the context of this section.  Temporary signs permitted under subsection 5 of this section other than portable signs are not considered portable signs.

Z.                  “Projecting sign” means any permanent building sign other than a wall sign or banner which projects from and is supported by a wall of a building or structure.

AA.           “Real estate sign” means any temporary sign, other than a subdivision development sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is located.

BB.            “Roadside stand sign” means any temporary sign identifying a roadside stand and advertising the products for sale at the stand.

CC.           “Roof sign” means any permanent on-premises sign erected upon or above a roof or parapet of a building or structure.

DD.           “Sale sign” means any temporary sign advertising the sale or lease of a commodity on a one time only basis.  This type of sign includes signs advertising temporary events such as garage or yard sales, grand opening or anniversary sales, and similar events but does not include real estate signs.

EE.             “Setback” means the minimum horizontal distance between a lot line and a structure, including sign, located upon a lot as required by the provisions of this chapter.

FF.             “Shopping center sign” means any permanent free-standing on-premises sign which displays the names and addresses of the building or complex with individual identification signs for each occupant.  A shopping center sign may be used for properties other than shopping centers, such as multiple-tenant office buildings and similar multiple-tenant properties.

GG.           “Sign” means any device, surface, or medium using graphics, symbols, designs and/or written copy for the purpose of advertising or identifying any activity, establishment, product or service.

HH.           “Subdivision sign” means any permanent free-standing sign designating the name of a subdivision, manufactured/mobile home community, industrial park, or estate.

II.                 “Subdivision development sign” means any temporary sign identifying residential property for sale or rent within a subdivision or real estate development, including identification of the name of the subdivision or development, developers, real estate agents and/or others involved with the project.  A subdivision development sign may also include a map of the area and a statement as to whether lots or properties have been sold or leased.

JJ.                “Temporary sign” means any sign, banner, pennant, or advertising display (except those specifically exempted under paragraph (9)(B) of this section) constructed of light fabric, cardboard, wallboard, plywood, paper, or other light materials with or without frames, intended to be displayed for a limited period of time.  This classification includes the following types of signs:  construction signs, model home signs, portable signs, real estate signs, roadside stand signs, sale signs, and subdivision development signs.

KK.          “Wall sign” means any permanent on-premises sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall to which it is attached.  A sign projecting above the top of the wall to which it is attached is considered a roof sign and not a wall sign.  Nameplates are not considered to be wall signs.

LL.             “Zoning lot” means a single tract of contiguous land which, at the time of filing for a building permit or certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single unified ownership or control and assigned to the particular use, building, or structure for which the building permit or certificate of occupancy is issued and includes such areas of land as may be required by the provisions of this Zoning Ordinance for the building, structure, or use.

2.         Sign Classifications.  The following sign classifications shall be used to designate types of signs:

A.                 On-Premises Signs:

(1)        Free-Standing Signs:

Bulletin Boards

Ground Signs

Information Signs

Pole Signs

Shopping Center Signs

Subdivision Signs

(2)        Building Signs: 

Arcade Signs

Awning and Canopy Signs

Banners

Mural Signs

Nameplates

Projecting Signs

Roof Signs

Wall Signs

(3)        Temporary Signs:

Construction Signs

Model Home Signs

Portable Signs

Real Estate Signs

Roadside Stand Signs

Sale Signs

Subdivision Development Signs

B.                 Off-Premises Advertising Signs.

C.                 Exempted Signs.

D.                 Prohibited Signs.

3.         On-premises Signs – Free Standing Signs.

A.                 Bulletin Boards.

(1)        Sign Classification – Permanent/Free-Standing/On-Premises.

(2)        Zoning Districts where permitted – All.

(3)        Zoning Districts where prohibited – None.

(4)        Site and Structure Requirements:

Number of Bulletin Boards Allowed per Zoning Lot – 1.

Maximum Sign Area – 48 square feet.

Maximum Height – 8 feet.

Minimum Clearance from Grade – None.

Setbacks – Same as Ground Signs (See paragraph B of this subsection).

Projection into Right-of-way – Prohibited.

(5)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         Bulletin boards may only list the names, times, uses and locations of various services or activities within a building or group of buildings having the following uses:

Churches, synagogues, chapels and similar places of religious worship and instruction.

Schools, parks, playgrounds, recreation buildings and facilities, fire and police stations, and similar public and quasi-public uses.

Medical centers, clinics, nursing homes, and hospitals.

c.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

B.                 Ground Signs.

(1)        Sign Classification – Permanent/Free-Standing/On-Premises.

(2)        Zoning Districts where Permitted – O-1, C-1, C-2, C-3, C-4, PD-C, PD-S, I-1, I-2.  Permitted in A-1 and R districts only under circumstances set forth in paragraph (6)(b) of this paragraph B.

(3)        Zoning Districts where Prohibited – A-1 and R zones, except under circumstances set forth in paragraph (6)(b) of this paragraph B.

(4)        Zoning Districts where conditional use – None.

(5)        Site and Structure Requirements:

a.         Number of ground signs allowed per zoning lot – one ground sign per zoning lot, except:  (i) if the frontage of the lot exceeds 100 feet, there may be one ground sign for each 100 lineal feet of frontage, and (ii) multiple-family dwellings containing more than 50 dwelling units, or a group of adjacent buildings under single ownership containing more than 50 dwelling units may have one ground sign for each 50 dwelling units.

b.         Maximum sign area for nonresidential uses:

O-1 - 1 square foot for each lineal foot of lot frontage but not more than 40 square feet.

A-1, all R, C-1 districts - 1 square foot for each lineal foot of a lot frontage but not more than 100 square feet.

C-2, C-3, C-4, and I districts - 2 square feet for each lineal foot of lot frontage but not more than 200 square feet.

For Residential uses - 2 square feet for each dwelling unit.

c.         Maximum Height – A-1, all R, O-1, C-1, C-2, - 25 feet; C-3, C-4, all I – 35 feet.

d.         Minimum Clearance from Grade – None.

e.         Minimum Distance between Ground Signs on Same Zoning Lot – 100 feet.

f.          Setbacks – None, but a ground sign shall not be located closer than 12 feet to the back of the curb.

g.         Projection into Right-of-way – Prohibited.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         In A-1 and R zoning districts, ground signs are permitted only for the following uses:

Schools, parks, playgrounds, recreation buildings and facilities, fire and police stations and similar public and quasi-public uses.

Churches, synagogues, chapels and similar places of religious worship and instruction.

Nurseries, and convalescent homes, day care centers, mortuaries, and other nonresidential uses permitted in the R-4, R-5, R-6 and R-6A zoning districts.

Multiple-family dwellings with four or more dwelling units.

c.         No ground sign exceeding 50 square feet shall be located within 40 feet of any adjoining R zoned property.

d.         Only one free-standing sign allowed per zoning lot in C-1 district.

e.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

C.                 Information Signs.

(1)        Sign Classification – Permanent/Free-Standing/On-Premises.

(2)        Zoning Districts Where Permitted – All.

(3)        Site and Structure Requirements:

a.         Number of Identification Signs Allowed Per Zoning Lot as follows:

Entrance/Exit Signs – One for each entrance or exit.

Parking Lot Signs – One for each street frontage.

Other Identification Signs – No limit.

b.         Maximum Sign Area:

Entrance/Exit Signs – 9 square feet.

Parking Lot Signs – 9 square feet.

Other Information Signs – No size restrictions.

c.         Maximum Height – 10 feet.

d.         Minimum Clearance from Grade – None.

e.         Minimum Distance between Signs – None.

f.          Setbacks – None, but identification signs shall not be located closer than 12 feet from the back of curb.  Identification signs other than entrance/exit signs and parking lot signs shall be located behind the building line.

g.         Projection Into Right-of-way – Prohibited.

(4)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         No advertising content shall be displayed on information signs, except for logos.

c.         Other identification signs may be permitted in addition to entrance/exit signs and parking lot signs.  Such signs may describe services provided on the premises, location of public facilities such as public telephones or restrooms, loading areas, or other items of similar nature.

d.         Parking lot signs shall only designate the condition, use and/or identity of the parking lot.

e.         Information signs are prohibited for single-and two-family dwellings.

f.          Signs painted flush with the paving surface are exempt from the regulations of this section.

g.         Special signs required by City, State, or Federal regulations, such as parking for persons with disabilities or compact car parking signs, are exempt from this section, provided such signs contain no advertising of any kind.

h.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

D.                 Pole Signs.

(1)        Sign Classification – Permanent/Free-Standing/On-Premises.    

(2)        Zoning Classification Where Permitted – All C and I districts.

(3)        Zoning Districts Where Prohibited – A-1, all R districts, O-1.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Pole Signs Allowed Per Zoning Lot:  C-3, C-4, all I – one pole sign allowed, unless a zoning lot has a frontage exceeding 150 feet, in which case there may be one pole sign for each 150 feet of lot frontage, except as provided under paragraph (6)(e) of this paragraph D.

b.         Maximum Sign Area:

C-1 and C-2 – 60 square feet plus an additional one-half square foot for each additional foot of lot frontage over 60 feet.

Other Districts – 60 square feet plus an additional one square foot for each additional foot of lot frontage over 60 feet.

Size Bonus – If the sign is located completely within the buildable area of the lot, except in the C-2 district, the area of the sign may be 50 percent greater than otherwise permitted.

c.         Maximum Height – C-1 and C-2 – 25 feet; other districts – 35 feet, except as a conditional use in the C-3 - 45 feet.

d.         Minimum  Height – None.

e.         Minimum Clearance from Grade – 6 feet, unless the sign projects over the right-of-way in which case the minimum clearance from grade shall be 8 feet.

f.          Minimum Distance Between Pole Signs on Same Zoning Lot – 150 feet.

g.         Setbacks – None, but the base of a pole sign shall not be located closer than 12 feet from the back of the curb, unless the poles or post supports are 10 inches or less in diameter.

h.         Projection Into Right-of-way – Permitted, provided the sign is located no closer than 2 feet from the back of the curb and the sign has minimum clearance of 8 feet from grade.

(6)        Other Provisions:

a.         No pole sign shall be located closer to an R zoned property than a distance equal to the height of the sign.

b.         Pole signs in the C-2 District may extend 6 feet over the right-of-way provided the sign is no closer than 2 feet from the back of curb.

c.         Pole signs in the C-2 district may not be erected on zoning lots that have lot frontage of less than 60 feet.

d.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

e.         More than one pole sign may be located on a zoning lot regardless of the other provisions of this section if the zoning lot has an existing pole located completely on the property as of the effective date of this section.  Such pole may be used for either on-premises or off-premises advertising provided the regulations concerning area, height and clearance are met.  Should this pole be, for any reason, removed, such pole shall not be replaced except in conformance with the other sections of this section.

E.                  Shopping Center Signs.

(1)        Sign Classification – Permanent/Free-Standing/On-Premises.

(2)        Zoning Districts Where Permitted – C-1, C-2, C-3, C-4, I-1, I-2, PD-C, PD-I, PD-S and as a conditional use in RT-1.

(3)        Zoning Districts Where Prohibited – A-1, O-1, all R districts, except as a conditional use in the RT-1 zone.

(4)        Zoning Districts Where Conditional Use – RT-1 

(5)        Site and Structure Requirements:

a.         Number of Shopping Center Signs Allowed Per Zoning Lot – 1.

b.         Maximum Sign Area – Same as pole signs (see paragraph D of this subsection).  However, if an eligible property installs a shopping center sign as the only free-standing sign on that zoning lot, the surface area of the shopping center sign may be 50% greater than otherwise permitted.

c.         Maximum Height:  C-1 and C-2 - 25 feet; other districts - 35 feet, except as a conditional use in the C-3 - 45 feet. 

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None, but the sign shall not be located closer than 12 feet from the back of the curb.

f.          Projection into Right-of-way – Prohibited.

g.         Minimum Lot Frontage – 150 feet.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         The minimum number of tenants or occupants for which a shopping center sign may be installed is four.

c.         Only the names and addresses of the building or complex and individual identification signs for each occupant are permitted on a shopping center sign.

d.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

F.         Subdivision Signs.

(1)        Sign Classification – Permanent/Free Standing/On-Premises.

(2)        Zoning Districts Where Permitted – All.

(3)        Site and Structure Requirements:

a.         Number of Subdivision Signs Allowed – Not more than two at each entrance to the development.

b.         Maximum Sign Area – 64 square feet.

c.         Maximum Height – 10 feet.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None, but the sign shall not be located closer than 12 feet from the back of the curb.

f.          Projection into Right-of-way – Prohibited.

(4)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         A subdivision sign shall only contain the name and address of the subdivision, manufactured/mobile home community, industrial park, or estate.

c.         The corner visual clearance requirement set forth in paragraph (8)(A) shall be observed.

4.         On Premises Signs – Building Signs.

A.                 Arcade Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – O-1, all C and I districts, PD-S, PD-C, PD-I.

(3)        Zoning Districts Where Prohibited – All A-1 and all R districts.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Arcade Signs Allowed Per Zoning Lot – One per business or occupant.

b.         Maximum Sign Area – 6 square feet.

c.         Maximum Height – None.

d.         Minimum Clearance from Grade – 7 feet.

e.         Setbacks – None, but the sign shall not be located closer than 2 feet from the back of curb.

f.          Projection into Right-of-way – Permitted, subject to foregoing paragraph e.

(6)        Other Provisions.  Off-premises advertising is prohibited.

B.                 Awning and Canopy Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – O-1, all C and I districts, PD-S.

(3)        Zoning Districts Where Prohibited – A-1 and all R districts.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Awning or Canopy Signs Allowed – One per nonresidential occupant per street frontage.

b.         Maximum Sign Area – No limit.

c.         Minimum Clearance from Grade – as established in the Building Code.

d.         Setbacks – as established in the Building Code.

e.         Projection into Right-of-way – Permitted, subject to the provisions established in the Building Code.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         An awning sign shall be affixed flat to the vertical fall of the awning.

c.         An awning sign shall be non-illuminated.  However, indirect illumination from a source removed from the awning is permitted.

d.         A canopy sign shall not extend below the limits of the canopy but may extend vertically above the canopy.

e.         A canopy sign shall not extend beyond or overhang the canopy but there is no setback requirement from the edge of the canopy.

f.          Marquee signs are considered canopy signs in the context of this section.

C.                 Banner Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts – Where Permitted – All C and I districts.

(3)        Zoning Districts Where Prohibited – A-1, all R, O-1 Districts.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Banner Signs Allowed per Zoning Lot – One per street frontage.

b.         Maximum Sign Area – 1 square foot per lineal foot of building frontage.

c.         Maximum Height – A banner sign shall not extend vertically above the roof line or parapet of the building to which it is attached.

d.         Minimum clearance from Grade – 8 feet.

e.         Setbacks – None, but a banner sign shall not be located closer than 2 feet from the back of curb.

f.          Projection into Right-of-way – Permitted, provided the banner sign is located no closer than 2 feet from the back of curb.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         Temporary banners are governed under paragraph (9)(B)(15) of this section.

D.                 Mural Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – C-3, C-4, I-1, I-2.

(3)        Zoning Districts Where Prohibited – A-1, all R,
O-1, C-1, C-2.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Mural Signs Allowed per Zoning Lot – 1 per building wall.

b.         Maximum Sign Area – 1/3 of surface area of wall.

c.         Maximum Height – None.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None.

f.          Projection into Right-of-way – Prohibited.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         Murals that do not contain any advertising or commercial symbolism (such as logos or trademarks) or do not represent any products except for the identity of the artist are not considered mural signs and are exempt from regulations.

E.                  Nameplates.

(1)        Sign Classification- Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – All.

(3)        Site and Structure Requirements:

a.         Number of Nameplates Allowed per Zoning Lot – One at each building entrance and 1 per building wall.

b.         Maximum Sign Area:  A-1 and all R districts – 1 square foot; all other districts – 3 square feet.

c.         Maximum Height – None

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None.

f.          Projection into Right-of-way – Prohibited.

(4)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         A nameplate shall only contain the names addresses, and/or occupations of the occupants of the building on which the nameplate is attached.

c.         Internal illumination of a nameplate is permitted.

F.                  Projecting Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Allowed – All C and I districts.

(3)        Zoning Districts Where Prohibited – A-1, All R,
O-1 districts.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Projecting Signs Allowed per Zoning Lot:  C-1 – one projecting sign or one free-standing sign per zoning lot; all other C and I districts – one projecting sign per 1 frontage.

b.         Maximum Sign Area – One square foot per lineal foot of building frontage.  In all zoning districts, except C-2, the sign area may be increased by 50% over the permitted maximum sign area if
the projecting sign is located completely within the buildable area of the lot.

c.         Maximum Height – 35 feet.

d.         Minimum Clearance from Grade – 8 feet.

e.         Setbacks – None, but a projecting sign shall not project more than 8 feet from the building to which it is attached.

f.          Projection into Right-of-way – Permitted, provided the sign is located no closer than 2 feet from the back of the curb.

(6)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         Banner signs are not considered projecting signs within the context of this section.  Banner signs are governed in paragraph C of this subsection.

c.         The corner visual clearance requirement set forth in paragraph (8)(A) of this section shall be observed.

G.                 Roof Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – All C and I Districts.

(3)        Zoning Districts Where Prohibited – A-1, all R, O-1 districts.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements:

a.         Number of Roof Signs Allowed per Zoning Lot – 1 per building except for multi-tenanted buildings which may have one roof sign for each nonresidential tenant.

b.         Maximum Sign Area - 1 square foot for each lineal foot of building frontage.

c.         Maximum Height – 35 feet above grade.

d.         Setbacks – None, but a roof sign shall not project, extend beyond, or hang over any exterior wall or parapet line of the roof.

e.         Projection into Right-of-way – Prohibited.

(6)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         The corner visual clearance  requirements set forth in paragraph (8)(A) of this section shall be observed.

H.                 Wall Signs.

(1)        Sign Classification – Permanent/Building/On-Premises.

(2)        Zoning Districts Where Permitted – All, but wall signs are prohibited for single- or two-family dwellings.

(3)        Site and Structure Requirements:

a.         Number of Wall Signs Allowed Per Zoning Lot.  A-1 and all R districts – one per building; other districts – No limit, provided that the maximum sign area regulations set forth in the following paragraph b are observed.

b.         Maximum Sign Area.  A-1 and all R Districts – 12 square feet; O-1 District – 10% of surface area of the wall to which the sign is attached; all C and I Districts – 1/3 of surface area of the wall to which the sign is attached.

c.         Maximum Height – None.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None

(4)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         A wall sign shall not extend more than one foot from the wall surface to which it is attached.

c.         A wall sign shall remain within the outline of the wall to which it is attached.

d.         A wall sign projecting above the top of the wall to which it is attached is considered a roof sign within the context of this section and shall be governed under paragraph G of this subsection.

e.         Nameplates are not considered wall signs in the context of this ordinance.

f.          The corner visual clearance requirement set forth in paragraph (8)(A) of this section shall be observed.

5.         Temporary Signs.

A.                 Construction Signs.

(1)        Sign Classification - Temporary/Free-standing/On-premises.

(2)        Zoning Districts Where Allowed – All

(3)        Site and Structure Requirements:

a.         Number of Construction Signs Allowed Per Zoning Lot – One for each street frontage.

b.         Maximum Sign Area – 36 feet.

c.         Maximum Height – 15 feet.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None; however, a construction sign shall not be located closer than 12 feet from the back of the curb.

f.          Projection into Right-of-way – Prohibited.

(4)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         A construction sign shall be removed not later than seven days after the completion of the construction activity.

c.         The corner visual clearance requirement set forth in paragraph (8)(A) of this section shall be observed.

B.                 Model Home Signs.

(1)        Sign Classification – Temporary/Free-standing/On-premises or Temporary/Building/On-Premises.

(2)        Zoning Districts Where Allowed – All.

(3)        Site and Structure Requirements:

a.         Number of Model Home Signs Allowed per Zoning Lot – One for each eligible use.

b.         Maximum Sign Area – 12 square feet.

c.         Maximum Height – 6 feet.

d.         Setbacks – None, however, a model home sign shall not be located closer than 12 feet to the back of the curb.

e.         Projection into Right-of-way – Prohibited.

(4)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         A model home sign shall be removed not later than seven days after the building is no longer used for model purposes.

C.                 Portable Signs.

(1)        Sign Classification – Temporary/Free-standing/On-premises.

(2)        Zoning Districts Where Allowed – O-1, C-1, C-2, C-3, C-4, PD-C, PD-S, I-1, I-2.

(3)        Zoning Districts Where Prohibited – A-1, all R districts, O-2,C-3P, and I-1P. 

(4)        Site and Structure Requirements:

a.         Number of Portable Signs Allowed per Zoning Lot – One portable sign per zoning lot except if the frontage of the lot exceeds 100 feet, there may be one portable sign for each 100 lineal feet of frontage.  Portable signs in violation of this section are specifically prohibited.

b.         Maximum Sign Area – One square foot for each lineal foot of lot frontage but not more than 100 square feet.

c.         Maximum Height – 8 feet.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – A portable sign shall not be located closer than 12 feet to the back of the curb.

f.          Projection into Right-of-way – Prohibited except in the C-2 zone with the following restrictions: 

(i)         Only during hours of operation of the business adjacent to the location of the portable sign in the right-of-way.

(ii)        Not closer than two (2) feet, nor farther than four (4) feet from the back of the street curb.

(iii)       Not more than six (6) square feet in area.

(iv)       Not more than three (3) feet in height.

(v)        No electric connectors.

(vi)       Notwithstanding paragraph (9)(B) of this section, a sign permit is required and the owner of the sign must enter into an agreement to hold the City harmless from any claims arising from the location of the portable sign on the public right-of-way.  The owner of the sign must provide a Certificate of Insurance showing the City as an additional insured with the liability coverages of $100,000 per person and $300,000 per occurrence for personal injury and $50,000 for property damage as a condition for issuance of the sign permit for a portable sign.

g.         Off-Premises Advertising – Prohibited.

h.         Location – No portable sign exceeding 50 square feet shall be located within 40 feet of any adjoining R zoned property.

i.                      Corner Visual Clearance – The corner visual clearance requirements set forth in paragraph (8)(A) shall be observed.

D.                 Real Estate Signs.

(1)        Sign Classification – Temporary/Free-Standing/On-Premises or Temporary/Building/On-Premises.

(2)        Zoning Districts Where Allowed –All.

(3)        Site and Structure Requirements:

a.         Number of Real Estate Signs Allowed per Zoning Lot – One for each street frontage.

b.         Maximum Sign Area:  A-1 and all R Districts – 12 square feet; O-1 – one square foot for each lineal foot of lot frontage but not more than 40 square feet; other districts – two square feet for each lineal foot of lot frontage but not more than 200 square feet.

c.         Maximum Height:  A-1, all R, O-1 districts – 5 feet; all other districts – 10 feet.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – None, but a real estate sign shall not be located closer than 12 feet to the back of the curb.

f.          Projection into Right-of-way – Prohibited.

(4)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         A real estate sign shall be removed not later than thirty days after the property has been sold, rented, or leased.

c.         The corner visual clearance requirement set forth in paragraph (8)(A) of this section shall be observed.

E.                  Roadside Stand Signs.

(1)        Sign Classification – Temporary/On-Premises.

(2)        Zoning Districts Where Permitted – A-1, C-2, C-3, C-4, I-1, I-2.

(3)        Zoning Districts Where Prohibited – All R, O-1, C-1.

(4)        Zoning Districts Where Conditional Use – None.

(5)        Site and Structure Requirements.  A roadside stand sign shall comply with the site and structure requirements of portable signs.

(6)        Other Provisions:

a.         Off-premises advertising is prohibited.

b.         A roadside stand sign shall be removed not later than three days after the roadside stand has ceased operation at that location.

c.         The corner visual clearance requirements set forth in paragraph (8)(A) shall be observed.

F.                  Sale Signs.

(1)        Sign classification – Temporary/Free-Standing/or Temporary/Building.

(2)        Zoning Districts Where Permitted – All.

(3)        Site and Structure Requirements:

a.         Number of Sale Signs per Zoning Lot – One for each street frontage.

b.         Maximum Size Area:  A-1 and all R districts – 12 feet; other districts – No limit.

c.         Maximum Height: 

(i)         Free-Standing Sale Signs:  A-1 and all R Districts – 5 feet; other districts – 10 feet.

(ii)        Building Sale Signs:  A-1 and all R Districts - 35 feet; other districts – none.

d.         Maximum Clearance from Grade – None.

e.         Setback – None; however, a sale sign shall not be located closer than 12 feet from the back of the curb except in the C-2 district.

f.          Projection into Right-of-way – Prohibited.

(4)        Other Provisions:

a.         A sale sign shall be removed not later than three days after the sale, lease or event has been completed.

b.         In A-1, all R and O-1 districts, a sale sign advertising a garage or yard sale or similar type sales shall not remain for more than five consecutive days.

c.         The corner visual clearance requirements set forth in paragraph (8)(A) shall be observed.

G.                 Subdivision Development Sign.

(1)        Sign Classification – Temporary/Free-Standing/On-Premises.

(2)        Zoning Districts Where Permitted – All.

(3)        Site and Structure Requirements:

a.         Number of Subdivision Development Signs Allowed per Development – One for each entrance to the development but not more than three for each 40 acres within the development.

b.         Maximum Sign Area – 12 square feet for each lot or parcel for sale or rent, but not more than 100 square feet.

c.         Maximum Height – 20 feet.

d.         Minimum Clearance from Grade – None.

e.         Setbacks – A subdivision development sign shall not be located within the required front yard or corner side yard of a lot.

(4)        Other Provisions.

a.         Off-premises advertising is prohibited.

b.         The subdivision development sign shall be located within the subdivision or development which it is advertising.

c.         The subdivision development sign shall be located at least 50 feet from any existing developed residential lot.

d.         A subdivision development sign shall be removed not later than 30 days after all lots or parcels within the subdivision or development have sold, rented, or leased.

e.         The corner visual clearance requirements set forth in paragraph (8)(A) of this section shall be observed.

6.         Off-premises Advertising Signs.

A.                 Zoning Districts Where Permitted – C-3, C-4, I-1, I-2.

B.                 Zoning Districts Where Prohibited – A-1, all R, O-1, O-2, C-2.

C.                 Zoning Districts Where Conditional Use – C-1, C-3P, I-1P.

D.                 Site and Structure Requirements:

(1)        Number of Off-Premises Advertising Signs Allowed per Zoning Lot - No limit, provided all other requirements are met.

(2)        Maximum Sign Area:

a.         300 square feet in zoning districts where identified as a conditional use.

b.         672 square feet in any zoning district where identified as a permitted use with extensions not to exceed 100 square feet and not to extend more than five feet from the sign structure.  For the purposes of this section, extensions are embellishments added to the sign to enhance the advertising message.

(3)        Maximum Height – 35 feet.

(4)        Minimum Clearance from Grade:

a.         If surface area facing one direction of traffic is less than 50 square feet, minimum clearance from grade shall be 5 feet.

b.         If surface area facing one direction of traffic is 50 square feet or more, minimum clearance from grade shall be 10 feet.

(5)        Minimum Distance Between Signs:

a.         Minimum distance between off-premises advertising signs shall be 1,000 feet, regardless of the jurisdiction in which an existing sign may be located.  Said distance is to be measured from the nearest part of each sign.

b.         Minimum distance between an off-premises advertising sign and an on-premises free-standing sign shall be 60 feet facing one direction of traffic on one side of a street, except as otherwise provided in subsection (3)(D)(6)(e) of this section.

(6)        Setbacks – Off-premises advertising signs shall meet the setback requirements for principal permitted uses of the zoning district in which they are located.

(7)        Projection into Right-of-way – prohibited.

E.                  Distance from R-Zoned and Other Properties.  No off-premises advertising sign shall be permitted within 300 feet of any residentially zoned property (exclusive of A-1 district); Planned Development-Residential zoned property; Planned Development-Special zoned property; or Planned Development – Manufactured/
Mobile Home Communities zoned property.  In addition, no off-premises advertising sign shall be located within 300 feet of a public park, public or private school, church, cemetery or any officially designated local, State or Federal historic district.

F.                  Other Provisions.

(1)        Off-premises advertising by painting or affixing directly on a wall or fence is prohibited.

(2)        Illumination of off-premises advertising signs is permitted if the light is indirect and non-flashing, and is so shielded to prevent beams or rays of light from being directed at any adjacent premises or at any portion of the traveled way of any street or highway.  In all such cases, the provisions of the Electrical Code shall apply.

7.         Prohibited Signs.  The following signs are prohibited in all zoning districts, unless as expressly provided elsewhere in this section:

A.                 Abandoned Sign.

(1)        Any on-premises sign which advertises or identifies a business, product or service that had not been in use at that location for 90 days.

(2)        Any off-premises advertising sign which does not correctly advertise or identify a bona fide business, product, service or interest for 90 days.

(3)        Any sign that is not in a state of repair in conformance with paragraph (11)(A) of this section for more than 45 days.

B.                 Improperly Attached Sign.  Any sign which is attached to a standpipe, gutter drain, unbraced parapet wall, fire escape, rock, tree, or utility pole.

C.                 Obscene Matter.  Any sign which contains statements, words or pictures of an obscene character.

D.                 Public Nuisance.  Any sign which is a public nuisance because of amplified sound, smoke omission, emitted visible vapor particles, or objectionable odors, noise, or vibrations, or constitutes a nuisance as set forth in Chapter 50 of this Code of Ordinances.

E.                  Restriction of Access.  Any sign erected or placed so as to prevent free egress from any door or window or any other access or exit-way required by Building, Fire, or Housing Codes, or by any other ordinance or law.

F.                  Right-of-way Sign.  Any sign other than an official public traffic, street or related sign located in any street or highway right-of-way without the approval of the Council and/or other controlling governmental agency.

G.                 Snipe Sign.  Any small sign nailed or otherwise attached in any way to any tree, building, or structure advertising any business, commodity, service or facility sold or offered elsewhere than upon the same zoning lot where the sign is located.

H.                 Traffic Hazard Sign.  Any sign which:

(1)                    By reason of its size, shape, design, location or manner of illumination constitutes a traffic hazard or a detriment to traffic safety by obscuring the vision of drivers, by obscuring or otherwise physically interfering with any official traffic control device, or which may be confused with an official traffic control device.

(2)                    By reason of its size, shape, design, location, content, coloring, or manner of illumination may be construed as, confused with, any official traffic control device, street sign or signal, or which bears the words “stop,” “go slow,” “caution,” “danger,” “warning” or similar words which imply the need for special actions on the part of any vehicle operator or pedestrian.

(3)        Contains a rotating beam or flashing illumination resembling an emergency light in connection with any sign display which is visible from an adjacent street.

I.                    Unauthorized Placement.  Any sign placed on private or public property without the consent of the owner or the owner’s authorized agent.

J.                   Violation of Other Laws.  Any sign which violates or advertises activities which violate City, State, or Federal law.

8.         Supplemental Provisions.

A.                 Corner Visual Clearance.  On corner lots, all permanent ground signs shall be located outside the triangular shaped area described as follows:  that triangular shaped area bounded by the backs of curbs and a straight line joining the points of the backs of curbs that are thirty (30) feet from the point of intersection of said curbs.  Temporary signs not exceeding forty-two (42) inches in height have no setback requirements provided they are not located in the City right-of-way and further provided they do not significantly impede sight visibility at intersections.

B.                 Changeable Copy.  Unless otherwise specified by this section, any permitted sign may use manual or automatic changeable copy.

C.                 Double-Frontage Lots.  Each side of a double-frontage lot (but not a corner lot) may have signage as if each frontage was a separate lot.  Signage earned for a street frontage shall not be displayed on or combined with signage on any other frontage.

D.                 Clearance from Electrical Lines.  A clearance of not less than six (6) feet horizontally and twelve (12) feet vertically shall be maintained between any sign and any overhead electrical transmission line.

E.                  Calculation of Sign Area.  The area of a sign shall be determined as follows:

(1)        The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area.  The area shall include the extreme points or edges of the sign which form an integral part of
the display, but shall not include the supporting structure, framing, pole covers, decorative roofing and similar embellishments, provided there is not written advertising copy on such embellishments.

(2)        The area of a building sign composed of individual letters, symbols or characters shall be determined by combining the individual areas within the perimeter of each letter, symbol, or character.

(3)        Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except when two faces are back-to-back.  In this instance, the area of the sign shall be considered 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.

F.                  Home Occupations.  Signage and advertising displays pertaining to home occupations shall comply with the provisions of Section 176.30 of this chapter.

9.         Permits.

A.                 Sign Permits Required.  It is unlawful for any person to erect, alter, or relocate within the City any sign or other advertising structure without first obtaining a sign permit, except in the following instances:

(1)                    Any copy or replacement of a sign face on an existing sign, provided the size or height of the sign is not altered.

(2)                    Normal maintenance, cleaning, or repair of a sign but not structural alteration.

B.                 Exemptions.  The following signs are exempted from the sign permit requirements:

(1)        Flags – Any official flag or emblem.

(2)        Historical Marker – A marker, monument, plaque, sign, or notice located on public or private property which identifies or records a historical event, incident, or fact and which conforms to the Code of Iowa.

(3)        Holiday Decorations – Temporary decorations or displays celebrating the occurrence of traditionally accepted national, local, or religious holidays, provided that such signs are located outside the corner visual clearance area and do not otherwise create a sight visibility problem or other hazard for motor vehicles.

(4)        Incidental Sign – Any sign which is integral or normally affixed to a structure or another sign, such as for credit cards, hours of business, or that on gasoline pumps, provided that no such sign shall exceed 10 square feet in area.  However, no such sign shall be located on a pole sign at a point less than 6 feet from the ground.

(5)        Information Sign – Any sign considered an information sign as defined under subsection 1 of this section.

(6)        Interior Sign – Any sign placed inside a building provided such sign complies with Building, Fire, and other applicable codes.

(7)        Memorial Sign – Any sign or tablet identifying the name of the building and date of construction when cut into a masonry surface or inlaid so as to be part of the building.

(8)        Mural – A large expanse of wall area covered by paint or other artistic medium that contains no advertising or commercial symbolism such as logos or trademarks, or does not represent any product, except to identify the artist.

(9)        No Trespassing Sign – No trespassing signs not to exceed 6 square feet in area per sign.

(10)      Occupant Sign – Sign identifying the premises and/or the occupant, including sign on mailbox or doorbell, provided such sign does not exceed 2 square feet in surface area.

(11)      Political Sign – A temporary sign relating to election to political office provided such sign shall be located outside the corner visual clearance area and outside the right-of-way.  Such sign may be erected at any time during the period 45 days before the date of the election and shall be removed by the seventh day after the date of the election.

(12)      Public Sign – Any sign required or specifically authorized for a public purpose bylaw or by any court, governmental order, rule or regulation.

(13)      Religious Symbol – Religious symbol at a place of worship or at a facility owned or operated by a religious institution.

(14)      Special Event Sign – Any temporary sign, banner, pennant, flag, streamer, or advertising device displayed on the premises of any establishment having a grand opening, anniversary, or similar special event.  Such sign shall also include signs erected for the purpose of notifying the public of noncommercial community events including, but not limited to fairs, festivals and celebrations open to the general public and sponsored or approved by the City, County or school district.  Such signs shall be located outside the corner visual clearance area and shall not obstruct, interfere with, or detract from the visibility of a traffic control device.  Such signs shall be removed not later than 24 hours following the end of the special event.

(15)      Temporary Sign – Any sign considered temporary as defined under subsection 1 of this section, except for portable signs.

(16)      Traffic Sign – Any traffic or similar sign of a public agency, such as a railroad crossing sign.

(17)      Vehicular Sign – Any sign attached onto a motor vehicle, provided that such vehicle is in operable condition and such vehicle is not used primarily to display the sign.

(18)      Warning Sign – Any sign warning of danger, hazard, or unsafe conditions, but containing no advertising material.  Such sign shall be removed upon termination of the danger.

(19)      Window Sign – Any temporary sign attached, affixed, or painted to the window of a building.

(20)      Works of Art – Any work of art if not displayed for the principal purpose of commercial advertising.

C.                 Electrical Permits Required.  All illuminated signs shall be subject to the provisions and requirements of the Electrical Code.

D.                 Fees.  All applications for sign permits shall be accompanied by a payment of a fee for each sign according to the following schedule:

(1)        Installation of non-illuminated sign – $0.20 for each square foot of sign area, but not less than $20.00 per sign.

(2)        Installation of new illuminated sign – $0.20 for each square foot of sign area, but not less than $25.00 for any sign.

(3)        Structure alterations of any sign – $10.00.

(4)        Ordinary repairs, maintenance or replacement of sign face as set forth in paragraphs (A)(1) and (2) of this subsection 9 – No fee.

For the purpose of computing the fee for a sign permit, the sign area shall be determined as set forth in paragraph (8)(E) of this section.

E.                  Failure to Obtain Permit.  When any sign is erected, placed, or structurally altered prior to obtaining a permit as required by this section, the fee specified in paragraph D of this subsection shall be doubled.  The payment of such double fee shall not relieve any person from complying with other provisions of this section or from any penalties prescribed in this section.

F.                  Application for Sign Permit.  Application for a permit for the erection, alteration or relocation of a sign shall be made to the Building Official upon a form provided by the City and shall include the following information:

(1)        Name, address, and telephone number of person or firm erecting the sign.

(2)        Name and address of the owner of the sign.

(3)        Street address or location of the property on which the sign is to be located.

(4)        Name and address of the property owner on which the sign is to be located.

(5)        The classification of sign or sign structure as defined in this section.

(6)        A site plan showing the proposed location of the sign and the location of all other existing signs on the same premises.

(7)        Drawing and/or specifications showing the dimensions, materials, design, structure supports, and
electrical components of the proposed sign.  If required by the Building Official, engineering data shall be supplied or plans submitted certified by an architect or engineer licensed by the State of Iowa.

G.                 Denial of Permits.  When a sign permit is denied, the applicant shall receive a written notice stating the reasons for denial.  The applicant may appeal the denial of the sign permit according to the procedures contained in subsection 14 of this section

H.                 Revocation of Permits.  The sign permit may be revoked for any false statement or misrepresentation of fact in the application.

I.                    Inspection.  All signs are subject to inspection, including electrical inspection and inspection of footings of free-standing signs.  As a required condition upon issuance of a sign permit, the applicant may be required to notify the Building Official prior to the installation of certain signs.

10.       Design and Construction.

A.        Design.

(1)        General.  Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section.  All bracing systems shall be designed and constructed to transfer lateral forces to the foundations.  For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of its elements.  The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead load resisting moment.  Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building.  The weight of earth superimposed over footings may be used in determining the dead-load resisting moment.  Such earth shall be carefully placed and thoroughly compacted.

(2)        Wind Loads. – Signs and sign structures shall be designed and constructed to resist wind forces as specified in the Building Code.

(3)        Seismic Loads – Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the Building Code.

(4)        Combined Loads – Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used.

(5)        Allowable Stresses – The design of wood, concrete, steel or aluminum members shall conform to the requirements of the Building Code.  Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the Building Code.  The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners.  Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the Building Code.

B.         Construction.

(1)        General – The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this section.

(2)        Materials – Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the Building Code.  In all signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following:

a.         Structural steel shall be of such quality to conform with U.B.C. Standard No. 27-1.  Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in U.B.C. Standard No. 27-9 and in addition shall be galvanized.  Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness.  When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge.  The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be ¼ inch, except that, if galvanized, such members shall not be less than 1/8 inch thick.  Steel pipes shall be of such quality as to conform with U.B.C. Standard No. 27-1.  Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members.

b.         Anchors and supports when of wood and embedded in soil, or within 6 inches of the soil, shall be of all heartwood of a durable species or shall be pressure treated with an approved preservative.  Such members shall be marked or branded by an approved agency.

(3)        Restrictions on Combustible Materials – Ground signs may be constructed of any material meeting the requirements of this code.  Roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in the following subsection (4).  No combustible materials other than approved plastics shall be used in the construction of electric signs.

(4)        Nonstructural Trim – Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or any combination thereof.

(5)        Anchorage – Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values.  Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction.  Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force 25 percent greater than the required resistance to overturning.  Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.  Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in this chapter.  Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchored to support safely the loads applied.  No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.  No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the Building Code.

(6)        Display Surfaces – Display surfaces in all types of walls may be made of metal, glass, or approved plastics.  Glass thickness and area limitations shall be as set forth in Table No. 4-A of the Uniform Sign Code.  Sections of approved plastics on wall signs shall not exceed 225 square feet in area.

EXCEPTION:  Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the Building Official.

Sections of approved plastics on wall signs shall be separated 3 feet laterally and 6 feet vertically by the required exterior wall construction.

EXCEPTION:  Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the Building Official.

(7)        Approved Plastics – The Building Official shall require that sufficient technical data be submitted to substantiate the proposed used of any plastic material and, if it is determined that the evidence submitted is satisfactory for the use intended, he may approve its use.

11.       Condition and Maintenance.

A.                 State of Repair.  All signs shall be maintained in the physical condition required for the original sign permit.  Signs that have defective or damaged parts, become insecure, in danger of falling or are otherwise unsafe shall be repaired or replaced.

B.                 Weeds and Debris.  The area around the base of any sign shall be kept free and clear of weeds, sign material, debris, trash and other refuse.

12.       Nonconforming Uses.

A.                 Authority for Continuance of Nonconforming Signs.  Any legally established nonconforming sign, except as provided in paragraph (D)(1) of this subsection, shall be allowed to continue but shall not be altered or reconstructed unless said action is in compliance with the provisions of this section.

B.                 Ordinary Repairs and Maintenance.  Ordinary repairs and maintenance of nonconforming signs may be carried out provided that no alterations are made which would add to the size, area, or degree of nonconformity of the size.  For the purpose of this section, “ordinary repairs and maintenance” shall include:  cleaning; painting, replacement of sign faces, bulbs, letters, figures, characters, posters, or other embellishments which do not increase the size of the sign; or landscaping around the sign.

C.                 Termination of Nonconforming Status.  In the following circumstances, a legal nonconforming sign shall immediately lose its legal nonconforming status, whether such status is derived from a variance previously granted or by conformance to a previously existing ordinance, unless it is altered to comply with the provisions of this section or removed in accordance with the following provisions:

(1)        Abandonment – Any sign which is considered an abandoned sign as set forth in paragraph (7)(A) of this section.

(2)        Destruction or Damage – Any sign which is damaged or destroyed to the extent of more than 65% of its fair market value, unless otherwise authorized by the Zoning Board of Adjustment.

D.                 Termination of Nonconforming Signs.  The right to keep, own, maintain, or display any sign as a legal nonconforming sign shall cease and terminate in accordance with the following schedule:

(1)        All signs prohibited in subsection 7 and paragraph (5)(C)(4)(a) of this section and existing as of the effective date of this ordinance shall be brought into conformity or removed within ninety (90) days of the effective date of the ordinance codified in this section.

(2)        All legal nonconforming signs, except those specifically prohibited in subsection 7 and paragraph (5)(C)(4)(a) of this section, existing on said effective date may be continued, subject to the conditions set forth in this section.

13.       Enforcement.

A.                 Responsibility.  The Zoning Official and such deputies or assistants that have been or shall be duly appointed shall have the responsibility and authority to enforce this section, except as otherwise provided in this section.

B.                 Violations.  The Zoning Official shall, upon determination of any violation of this section, notify in writing the owner of the sign structure, or of the land, building, or structure upon which the sign is located.  Such written notification of violation shall identify the sign and/or sign structure, state the nature of the violation, and order the action necessary to correct the violation.  Specifically, the Zoning Official may order one or more of the following actions:

(1)        Repair or modification of sign or sign structure.

(2)        Removal of any sign unlawfully installed, erected, or maintained.

(3)        Order the discontinuance of illegal work being done.

(4)        Order the discontinuance of illegal or prohibited signs or sign structures.

(5)        Take any other action authorized by this Zoning Ordinance to insure compliance with or to prevent violation of its provisions, and in particular shall, where necessary or appropriate, recommend to the City Attorney the institution of legal or equitable actions that may be required for the enforcement of this section.

C.                 Removal of Signs.  If the Zoning Official has issued written notification of violation of this section and the violation has not been corrected within 45 days after receipt of written notice, and no appeal has been filed with the Zoning Board of Adjustment, the Zoning Official is authorized to cause removal of such sign.  Any expense incident to such removal shall be paid by the owner of the sign, sign structure or of the land, building, or structure upon which the sign is located.   At least fifteen (15) days before the sign is to be removed, the Zoning Official shall notify in writing the owner of the sign, sign structure or of the land, building, or structure upon which the sign is located stating that the Zoning Official intends to cause the sign to be removed and that the costs of such removal are to be paid by the owner of the sign, structure or of the land, building or structure upon which the sign is located.

D.                 Appeals.  Any person affected by a decision of the Zoning Official in his/her enforcement of this section may appeal said decision according to the procedures contained in subsection 14 of this section.

14.       Appeals and Variances.

A.                 Zoning Board of Adjustment.  Any person affected by a decision regarding the enforcement or interpretation of this section may appeal that decision of the Zoning Board of Adjustment according to the procedures set forth in Section 176.36 of this Zoning Ordinance.  Appeals to the Zoning Board of Adjustment may include the following:

(1)                    Requests for variances or exceptions in specific cases from the specific provisions of this section except as set forth in paragraphs B, C and D of this subsection.

(2)                    Requests for an extension of time for the compliance of any notice or order issued pursuant to this section.

(3)                    Allegations of error in any order, requirement, decision or determination made in the enforcement of this section.

(4)        Requests for Conditional Uses.

(5)        Requests for permission to reconstruct or re-erect a nonconforming sign or sign structure which has been damaged by fire, explosion, or act of God to the extent of more than 65% of its fair market value.

B.                 Building Board of Appeals.  Appeals of decisions regarding the enforcement of interpretation of subsection 10, Design and Construction, shall be taken to the Building Board of Appeals according to the procedure set forth in the Building Code.
C.                 Electrical Board of Appeals.  Appeals of decisions regarding the enforcement or interpretation of the Electrical Code as it relates to this section shall be taken to the electrical Board of Appeals according to the provisions set forth in the Electrical Code.
D.                Council.  Appeals of decisions regarding the placement of signs in public right-of-way shall be taken to the Council.
15.       Licensing and Bonding of Sign Contractors.
A.                 Licensing.  No person or corporation shall perform any work or service for any person or governmental entity for compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversation, or manufacture of any sign, or any work or service in connection with causing any such work to be done, unless such person or corporation shall first have obtained a valid sign contractors license.
B.                 Insurance.  Every applicant for a license shall, before such license is granted, file with the City a satisfactory certificate of insurance to indemnify the municipality against any form of liability for the principal sum of not less than $250,000 liability to any one person and $500,000 personal injury liability on account of any one accident and $500,000 liability for property damage.  Such policy shall be written in accordance with standard form now in general use and shall carry an endorsement protecting the City, as its interest may appear, as the result of any accident or injury for which it might become in any manner liable due to the acts of the insured or its employees in the erection, installation, repair, repainting, reconstruction, or removal of any sign.  It shall carry a further endorsement to the effect that if the policy is cancelled the insurance company shall notify the City by registered mail ten days prior to the date of cancellation, provided further that the expiration date of the policy shall be the 31st day of March next following the date of issue.
C.                 Indemnification.  As a condition to the issuance of a sign contractor’s license as required by this section, every applicant shall agree to indemnify and hold harmless the City, its officers, agents, and employees for any and all claims of negligence, damages, liability, judgments, costs or expenses that the City may incur or suffer resulting from the erection, alteration, relocation, maintenance or other work involving signs.
D.                 Fees.  The fee for obtaining an initial Sign Contractor’s license shall be $50.00.  The renewal license fee shall be $25.00 per year.