HomeMy WebLinkAbout2013-12-04 Planning Memorandum ENCLOSURE
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: December 4, 2013
RE: Oak Park Heights— Electronic Message Boards— Planning
Commission
TPC FILE: 236.01 — 13.06
Background
The Planning Commission, its November 14, 2013, meeting discussed electronic
message boards and the draft language that had been prepared by City Staff. The
Planning Commission had opened the public hearing at the September 12, 2013
meeting and continued the review and hearing to the December meeting.
At the November meeting, the Planning Commission recommended the language as
found attached, except for a limit on the frequency of how often the message of an
electronic message board sign could change. The Planning Commission asked staff to
research other cities requirements and report back at the December meeting. The
thought of the Planning Commission was to limit the discussion to just the timing issue
in that there was agreement on the other draft sections.
Please find attached the December 3, 2013 draft of the sign ordinance with the minor
changes suggested by the Planning Commission. The language in bold is new and the
language to be eliminated is stricken.
Results of Ordinance Review
As follows, please find the results of the ordinance review of other cities related to the
frequency of how often the message of an electronic message board could change.
The focus was on those cities in the east metro area, with others that had previously
been discussed or used as examples.
Stillwater: Time and temperature signs and barber poles allowed. No length of time
specified.
Lake Elmo: 10 seconds
Bayport: Time, date, temperature, weather or public service info allowed. No length
of time specified.
Mahtomedi: 8 seconds
Maplewood: 2 minutes
Oakdale: 60 seconds
White Bear Lake: 20 minutes / Gas Stations - 30 minutes
North St. Paul: Public service, civic, date, time, temperature, and weather allowed.
No length of time specified.
Little Canada: 10 minutes
Woodbury: Once per day
Lakeville: 1 minute
Minnetonka: 20 minutes /Three seconds for hour and minute, date, or
temperature.
Conclusion/Recommendations
The Planning Commission should review the examples of timing from other
communities. Staff's recommendation is that the Planning Commission should set
timing for reader board messages and a separate for the hour and minute, date and
temperature messages, similar to the Minnetonka requirements. The Planning
Commission should make a final recommendation on the Ordinance changes for review
by the City Council at its December 26, 2013 meeting.
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December 3, 2013 Draft
12' 17 401.15.6. Signs.
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
a. Findings: The City finds:
1) Exterior signs have a substantial impact on the character and
quality of the environment.
2) Signs provide an important medium through which individuals may
convey a variety of messages.
3) Signs can create traffic hazards, aesthetic concerns and detriments
to property values, thereby threatening the public health, safety and
welfare.
4) The City Code has included the regulation of signs in an effort to
provide adequate means of expression and to promote the
economic viability of the business community, while protecting the
City and its citizens from a proliferation of signs of a type, size,
location and character that would adversely impact the aesthetics
of the community and threaten the health, safety and welfare of the
community. The regulation of physical characteristics of signs
within the City has had a positive impact on traffic safety and the
overall appearance of the community.
b. Purpose and intent: It is not the purpose or intent of this sign ordinance
to regulate the message displayed on any sign; nor is it the purpose or
intent of this ordinance to regulate any building design or any display not
defined as a sign, or any sign which cannot be viewed from outside a
building. The purpose and intent of this ordinance is to:
1) Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the City in order to promote
the public health, safety and welfare.
2) Maintain, enhance and improve the aesthetic environment of the
City by preventing visual clutter that is harmful to the appearance of
the community.
3) Improve the visual appearance of the City while providing for
effective means of communication, consistent with constitutional
guarantees and the City's goals of public safety and aesthetics.
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4) Provide for fair and consistent enforcement of the sign regulations
set for herein under the zoning authority of the City.
c. Effect: A sign may be erected, mounted, displayed or maintained in the
City if it is in conformance with the provisions of this Ordinance. The effect
of this Ordinance, as more specifically set forth herein, is to:
1) Allow a wide variety of sign types in commercial zones, and a more
limited variety of signs in other zones, subject to the standards set
forth in this sign ordinance.
2) Allow certain small, unobtrusive signs incidental to the principal use
of a site in all zones when in compliance with the requirements of
this sign ordinance.
3) Prohibit signs whose location, size, type, illumination or other
physical characteristics negatively affect the environment and
where the communication can be accomplished by means having a
lesser impact on the environment and the public health, safety and
welfare.
4) Provide for the administration and enforcement of the provisions of
this sign ordinance.
401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise
allowed by this sign ordinance may substitute non-commercial copy in lieu of any
other commercial or non-commercial copy. This substitution of copy may be
made without any additional approval or permitting. The purpose of this
provision is to prevent any inadvertent favoring of commercial speech over non-
commercial speech, or favoring of any particular non-commercial message over
any other non-commercial message. This provision prevails over any more
specific provision to the contrary.
401.15.G.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs
between this Section and other provisions of this Ordinance, as amended, the
conditions as set forth in this Section, as amended, shall prevail.
401.15.G.4. DEFINITIONS.
Sign Related:
1. Air Inflatable Devices: A balloon that exceeds two (2)feet in diameter.
2. Alteration: Any change to a sign excluding routine maintenance, repair,
painting or change of copy of any existing sign.
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3. Animated Sign: Any sign that uses movement or change of lighting to
depict action or create a specific effect or scene, including devices with or
without a commercial message, such as spinners and windsocks, but not
including barber poles and time and temperature signs.
4. Artificial Light: Illumination resulting from internal or external artificial light
sources, including glare and reflected light byproducts of artificial light
sources.
5. Awning: A temporary hood or cover which projects from the wall of a
building, and of a type which can be retracted, folded, or collapsed against
the face of a support building.
6. Balloon: A flexible, inflated bag in various shapes and colors.
7. Banner: Attention getting devices which resemble flags and are of a
paper, cloth or plastic-like consistency.
8. Bannerette: Flexible material that resembles a flag, and has minimum
dimensions of two (2) feet by two (2) feet and no larger than three (3) feet
by five (5) feet. A smaller sized bannerette is defined as a pennant.
9. Beacon: Any light with one (1) or more beams directed into the
atmosphere or directed at one (1) or more points not on the same lot as
the light source; also, any light with one (1) or more beams that rotate or
move.
10. Bench Signs: A sign which is affixed to a bench such as at a bus stop.
11. Building Facade: That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire
width of the building elevation.
12. Cabinet Sign: A sign that has framing around the entire sign message
with a removable face.
13. Canopy Sign: The area of copy, graphic, or identification which is affixed
to a projection or extension of a building or structure, including a marquee,
erected in such a manner as to provide a shelter or cover over the
approach to any entrance of a store, building, or place of assembly.
14. Changeable Copy Sign, Electronic and Manual: A sign or portion
thereof that displays electronic, nonpictorial text information in
which each alphanumeric character, graphic, or symbol is defined by
a small number of matrix elements using different combinations of
light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area. Electronic changeable
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copy signs include computer programmable, microprocessor
controlled electronic displays. Electronic changeable copy signs
include projected images or messages with these characteristics
onto buildings or objects. Electronic changeable copy signs do not
include official signs. Manual signs include those with characters,
letters, or illustrations that can be changed or rearranged manually
without altering the face or the surface of the sign.
• .
• _ . _ D c inn on which the
Ordinate
16. Commercial Speech: Speech advertising a business, profession,
commodity, service or entertainment.
17. Copy: The wording on a sign surface either permanent or removable
letter form.
18. Dynamic Display: Any characteristics of a sign that appear to have
movement or that appear to change, caused by any method other
than physically removing and replacing the sign or its components,
whether the apparent movement or change is in the display, the sign
structure or any other component of the sign. This includes displays
that incorporate technology or methods allowing the sign face to
change the image without having to physically or mechanically
replace the sign face or its components as well as any rotating,
revolving, moving, flashing, blinking or animated display and any
display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology
that allows the sign face to present a series of images or displays.
19. Electronic Graphic Display Sign: A sign or portion thereof that
displays electronic, static images, static graphics or static pictures,
with or without text information, defined by a small number of matrix
elements using different combinations of light emitting diodes
(LEDs), fiber optics, light bulbs or other illumination devices within
the display area where the message change sequence is
accomplished immediately or by means of fade, repixalization or
dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital
displays. Electronic graphic display signs include projected images
or messages with these characteristics onto buildings or other
objects.
20. Flag: A piece of cloth or bunting varying in color and design, used as a
symbol, standard, emblem, or insignia.
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21. Flashing Sign: An illuminated sign upon which the artificial light is not kept
constant in terms of intensity or color when the sign is illuminated.
22. Freestanding Sign: A self-supported sign not affixed to another structure.
23. Ground/Low Profile Sign: A sign that is intended to be incorporated into
some form of landscaping design scheme or planter box, is not elevated
from the ground by means of a pole or free-standing support structure, but
is placed directly on the ground or on an interior planter base which is
incorporated into such a design arrangement.
24. Illuminated Sign: A sign illuminated by an artificial light source either
directed upon it or illuminated from an interior source.
25. Integral Sign: A sign carved into stone, concrete or similar material or
made of bronze, aluminum, or other permanent type of construction and
made an integral part of the structure.
26. Marquee: See canopy.
27. Maximum Height of Sign: The vertical distance from the base of the sign,
or the grade of the road centerline, whichever is higher, to the top of the
sign.
29. Monument Sign: A freestanding sign that is intended to be incorporated
into some form of landscaping design scheme or planter box, is attached
to the ground by means of a freestanding support structure, is solid from
grade to the top of the structure, has materials that are constructed of the
same primary building materials of the principal structure, is placed
directly on the ground or on an interior planter base which is incorporated
into a design arrangement. A monument sign shall be considered as one
sign though it may have two (2) faces.
30. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives
illusion of motion.
31. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2)
directions.
32. Multivision Sign: Any sign composed in whole or part of a series of
vertical or horizontal slats or cylinders that are capable of being
rotated at intervals so that partial rotation of the group of slats or
cylinders produces a different image and when properly functioning
allows on a single sign structure the display at any given time one of
two (2) or more images.
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33. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp
without filaments that is bent into letters or designs.
34. Non-Commercial Speech: Dissemination of messages not classified as
Commercial Speech which include, but are not limited to, messages
concerning political, religious, social, ideological, public service and
informational topics.
35. Official Sign: Signs of a public noncommercial nature including
public notification signs, safety signs, traffic signs, direction to
public facilities when erected by or on behalf of a public official or
employee in the performance of official duty.
36. Off-Premises Sign: A commercial speech sign which directs the attention
of the public to a business, activity conducted, or product sold or offered at
a location not on the same lot where such sign is located. For purposes of
this sign ordinance, easements and other appurtenances shall be
considered to be outside such lot and any sign located or proposed to be
located in an easement or other appurtenance shall be considered an off-
premises sign.
37. On-Premises Messages: Identify or advertise an establishment, person,
activity, goods, products or services located on the premises where the
sign was installed.
38. Opaque: A degree of obscuration of light.
39. Parapet: A low protective wall which is located along the edge of a roof
on a building.
40. Pennants: Flexible material, whether or not containing a message of any
kind, suspended from a rope, wire, or string, usually triangular shaped and
in a series, designated to move in the wind.
41. Portable Sign: Any sign which is manifestly designed to be transported,
including by trailer on its own wheels, even though the wheels of such sign
may be removed and the remaining chassis or support is converted to
another sign or attached temporarily or permanently to the ground since
this characteristic is based on the design of such a sign.
42. Principal Building: A building or buildings in which is conducted the
principal use of the lot, not including storage buildings, garages, and
buildings for other clearly accessory uses.
43. Principal Frontage: The wall of the principal building on a lot which fronts
toward the principal public streets.
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44. Projecting Sign: A sign, other than a wall sign, which is affixed to a
building and which extends perpendicular from the building wall.
45. Public Entrance: Any passage or opening which affords entry and access
to the general public or customer.
46. Public Entrance, Common: A public entrance providing access for the
utilization and benefit of two (2) or more tenants or building occupants.
47. Pylon Sign: A freestanding sign erected on one (1) or more freestanding
shafts, posts, or piers which are solidly affixed to the ground and not
attached to a building. A pylon sign shall be considered as one (1) sign
though it may have two (2) faces.
48. Ribbons or Streamers: Long or varied lengths of flexible material used to
decorate.
49. Roof Line: The top of the cornice or, when the building has a pitched roof,
the intersection of the outside wall with the roof.
50. Roof Sign: Any sign which is erected, constructed or attached wholly or in
part upon any roof or over the highest roof line of a building.
51. Rotating Sign: A sign which revolves or rotates on its axis by mechanical
means.
52. Service Entrance: Secondary passage or opening to a structure which is
intended for delivery and removal of merchandise or goods, and which is
not intended as a public entrance.
53. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter
or representation in nature of advertisement, announcement, message or
visual communication, whether painted, posted printed, affixed or
constructed, including all associated brackets, braces, supports, wires and
structures, which is displayed for informational or communicative
purposes.
54. Sign Area: The surface of the sign upon, against or through which the
message of the sign is exhibited.
55. Sign Setback: The distance from the property line and curb to the nearest
part of the sign, measured perpendicularly to the property line or curb.
56. Sign Structure: The supports, uprights, bracing and framework for a sign.
57. Special Events: A temporary indoor or outdoor promotional or sales
event.
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58. Street Frontage: The side of a lot abutting one (1) or more streets. An
interior lot has one (1) street frontage and a corner lot has two (2) or more
frontages.
59. Temporary Indoor Promotional or Sales Event: A temporary promotional
or sales event directed towards the general public including only grand
openings, storewide sales, craft shows, registration for day care, an
educational, recreational, civic or religious activity, and community
celebrations.
60. Temporary Outdoor Promotional or Sales Event: A temporary promotional
or special event sale directed towards the general public, including only
grand opening sales, storewide sales of materials and products that are
typically sold or serviced on the premises, registration for day care, an
educational, recreational, civic or religious activity, community
celebrations, warehouse sales, tent sales, sidewalk sales, craft shows,
flea markets, inventory reduction and liquidation sales, and mechanical or
animal rides.
61. Total Allowable Sign Area: The maximum allowable gross surface area in
square feet of a sign or signs. The maximum number of signs cannot be
arranged and integrated so as to create a surface area in excess of this
requirement.
62. Traffic Sign: A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic.
63. UL Approved: A device which has been approved by the "Underwriters'
Laboratories".
64. Video Display Sign: A sign that changes its message or background
in a manner or method of display characterized by motion or pictorial
imagery, which may or may not include text and depicts action or a
special effect to imitate movement, the presentation of pictorials or
graphics displayed in a progression of frames that gives the illusion
of motion, including, but not limited to, the illusion of moving
objects, moving patterns or bands of light, or expanding or
contracting shapes, not including electronic changeable copy signs.
Video display signs include projected images or messages with
these characteristics onto buildings or other objects.
65. Wall Sign: A sign affixed to the exterior wall of a building and which is
parallel to the building wall. A wall sign does not project more than twelve
(12) inches from the surface to which it is attached, nor extend beyond the
top of the parapet wall. Banners do not qualify as a wall sign.
66. Wall Graphics: A sign painted directly on an exterior wall.
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67. Window Sign: A temporary sign affixed to the outside or inside of a
window or inside the building within three (3) feet of a window in view of
the general public.
401.15.G.5. GENERAL PROVISIONS.
a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its
location, color or intensity, create a hazard to the safe, efficient movement
of vehicular or pedestrian traffic. No private sign shall contain words
which might be construed as traffic controls, such as "stop", "caution",
"warning", etc., unless such sign is needed to direct traffic on the
premises.
b. Signs on Fences, Poles, and Natural Features. No signs, guys, stays
or attachments shall be erected, placed or maintained on rocks, fences, or
trees, nor interfere with any electric light, power, telephone or telegraph
wires or the supports thereof, with the exception of signs necessary for
security, or to preserve public safety, as determined by the City Council.
c. Wall/Roof Attachments. No sign shall be attached to hang from any
building until all necessary wall and/or roof attachments have been
approved by the Building Official.
d. Right-of-Way, Public Lands and Easements. No signs other than
governmental signs shall be erected or temporarily placed within any
street rights-of-way or upon any public lands or easements or rights-of-
way.
e. Ingress/Egress. No sign or sign structure shall be erected or maintained
if it prevents free ingress or egress from any door, window, or fire escape.
No sign or sign structure shall be attached to a stand pipe or fire escape.
f. Property Number. A minimum of one (1) sign, as assigned by the City,
shall be required on each principal building in all districts. Such sign shall
be of sufficient size to be legible from the nearest street yet shall not
exceed nine (9) square feet in area. The numbers shall be metal, glass,
plastic or durable material and the numbers shall not be less than three
and one-half (3.5) inches in height, in a contrasting color to the base or
made of some reflective material and so placed to be easily seen from the
street.
g. Sign Message. Signs and sign structures shall be properly maintained
and kept in a safe condition. Sign or sign structures which are rotted,
unsafe, deteriorated or defaced, as determined by the City Building Official
shall be removed, repainted, repaired, or replaced by the permit holder,
owner or agent of the property upon which the sign stands.
h. Electrical Building Code. All signs shall be constructed in accordance
with the Minnesota State Building Code and the National Electrical Code.
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The maximum brightness of the signs in combination with the building and
site lighting shall not exceed the standards found in Section 401.15.B.7 of
this Ordinance. All electrical service wiring shall be buried.
Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I
Districts may only be illuminated during business hours, or until eleven
o'clock (11:00) PM, whichever is later.
j. External Lighting. Signs with external lighting shall have no exposed
light sources or fixtures unless decorative fixtures are utilized and the light
source is fully concealed and diffused.
k. Internal Lighting. Signs with internal lighting shall include illumination of
only the text and/or logo portion of the message. Back lighting of signage
on fabric awnings is prohibited.
Neon. Neon signs shall be limited to channel letter signs, logos, and
permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I
Districts.
m. Setbacks. No part of a sign or sign structure shall be placed closer to the
property line than five (5)feet.
n. Flags. No more than three (3) flags may be displayed outside of a
building. This number may, however, be increased provided an interim
use permit is issued in compliance with Section 401.05 of this Ordinance
and the following standards are met:
1) Where multiple flagpoles are used, there shall be a maximum
spacing of twenty (20) feet allowed between the poles.
2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or
Executive Order shall apply to Federal and/or State flag displays.
o. Angle Signs. The maximum angle permitted between faces of a double
face freestanding sign is sixty (60) degrees, anything less is one (1) sign,
anything more is two (2) signs.
p. Property Lines. No sign shall be positioned so that it impacts or is
exposed to residential uses or districts along adjoining side and rear yard
property lines.
401.15.G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are
allowed without a permit unless otherwise specified. These signs, if
placed in accordance with the following standards, will not apply toward
the maximum allowable sign area, but shall comply with all other
applicable provisions of this Ordinance.
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a. Campaign Non-Commercial Speech Signs. Notwithstanding any other
provisions of the sign ordinance, all signs of any size containing non-
commercial speech may be posted from August in any general election
year until ten (10) days following the general election and thirteen (13)
weeks prior to any special election until ten (10) days following the special
election, in accordance with Minnesota State Statutes Section 211B.045,
as amended.
b. Signage on bus benches, as regulated in the Oak Park Heights Code
of Ordinances. For the purposes of this Ordinance, such signage shall
not be considered to be off-premises advertising signage.
c. Permanent Window Signage. Shall not exceed twenty-five (25) percent
of the total area of the window in which they are displayed. Lettering used
in permanent window signage exceeding three and one-half (3.5) inches
in height shall be included in the calculations of allowable sign area
permitted on that side of the building. Use of neon for permanent window
sign shall be allowed within the requirements of this Section.
d. Temporary Window Signs. Temporary window signs shall be permitted
within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they
do not exceed ten (10) percent of the front building facade.
e. Additional Allowed Signs.
1) Two (2) signs not exceeding twelve (12) square feet shall be
allowed per lot.
2) Upon approval of a final plat for a subdivision having not less than
five (5) lots provided that:
a) One (1) sign shall be allowed per project or subdivision or
one (1) sign for each frontage to a major collector or arterial
street, whichever is greater.
b) The area of the sign shall not exceed thirty two (32) square
feet.
c) Freestanding signs shall be limited to a maximum height of
eight (8) feet.
d) The sign shall not be displayed for a period to exceed twenty
four(24) months from the date a permit is issued for the sign
or until building permits have been issued for eighty-five (85)
percent of the lots or dwelling units within the subdivision,
whichever is less restrictive.
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3) A sign shall be allowed for a subdivision having not less than three
(3) lots or principal buildings at its entrance from a major collector
or arterial street provided that:
a) Not more than one (1) sign shall be allowed at each
entrance from a major collector or arterial street.
b) The area of each sign shall not exceed fifty(50) square feet.
c) Freestanding signs shall be limited to a maximum height of
fifteen (15)feet.
d) The sign(s) shall be located to accommodate said sign and
related landscaping to meet all setback requirements. If the
sign(s) are to be located on outlots, the outlots shall be
designated on the preliminary plat and detailed plans for the
area identification signs shall be submitted with the final plat.
e) The area around the sign shall be landscaped in such a
manner to accent and enhance the sign while remaining
sensitive to the natural features of the site. Detailed site and
landscape plans shall be included with each sign permit
application and shall be subject to review and approval of
the Zoning Administrator.
f) The design and construction of the sign shall be done with
the highest quality materials and workmanship to keep
maintenance and upkeep costs to a minimum and to
minimize the potential for vandalism. The signs are to be
aesthetically pleasing when designed and constructed. The
sign shall be compatible with nearby structures in the area.
Detailed construction plans and a materials list shall be
included with each sign permit application and shall be
subject to the review and approval of the Zoning
Administrator.
4) Additional signs shall be allowed upon approval of a final plat for a
subdivision having not less than three (3) lots or approval of site
and building plans for one (1) lot by the Zoning Administrator
provided that:
a) One (1) sign shall be allowed per project or subdivision or
one (1) sign for each frontage to a major collector or arterial
street, whichever is greater.
b) The area of the sign shall not exceed sixty four(64) square
feet.
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c) Freestanding signs shall be limited to a maximum height of
eight (8)feet.
d) The sign shall not be displayed for a period to exceed twelve
months (12) months from the date a permit is issued for the
sign or until occupancy permits have been issued for eighty-
five (85) percent of the tenant spaces within the
development, whichever is less restrictive.
401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs
are prohibited in all zoning districts:
a. Any sign which obstructs or impairs the vision of drivers or pedestrians or
detracts from the visibility of any official traffic control device.
b. Any sign which contains or imitates an official traffic sign or signal.
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c. Off-premises signs.
d. Business signs on or attached to equipment, such as semi-truck trailers,
being used in such a manner that advertising is a principal use of the
equipment.
e. Animated signs.
f. Projecting signs.
g. Roof signs.
h. Signs displayed on vehicles within open sales lots.
i. Any sign or display which contains or consists of banners, bannerettes,
pennants, ribbons, streamers, strings of light bulbs, balloons and hot or
cold air inflatable devices, spinners or similar outdoor advertising devices,
except as may be approved by a special event permit in accordance with
the provisions as set forth in Section 401.15.G.8 of this Ordinance.
j. Portable signs.
k. Wall graphics.
I. Beacons.
m. Multi-faced signs.
n. Signs supported by guy wires.
o. Cabinet signs on buildings, except for logo signs.
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p. Signs and/or posts which are tacked onto trees, fences, utility poles or
other such permanent supports, except safety signs and signs found on
fences of athletic facilities
q. All signs over four hundred (400) square feet in area.
r. Dynamic display signs.
s. Electronic graphic display signs.
t. Multivision signs.
u. Video display signs.
401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
19 22 b. Number of Events. The business or applicant in all business and
industrial zoning districts, as well as each public and institutional use in
residential districts (except for the areas within the Destination Retail
Highway District as indicated in Section 401.15.G.8.c), shall be allowed
five (5) special events per calendar year. The total number of special
event days in a calendar year shall not exceed fifty (50) days for any
applicant, business, or public and institutional use. Once the time period
has expired for a special event the applicant shall wait the same number
of days that the sign permit was issued to start a new special event.
22 C. Events in the Destination Retail Highway District. The business
or applicant in the Destination Retail Highway District shall be allowed
twelve (12) sales events per calendar year. The total number of special
event days in a calendar year shall not exceed one hundred eighty (180)
days for any applicant, business, or public and institutional use. Once the
time period has expired for a special event, the applicant shall wait two (2)
days before starting a new sales event. All other special event
requirements, as found in Section 401.15.g.8 of this Ordinance, shall be
adhered to within the Destination Retail Highway District.
d. Permitted Signs and Displays. The signs and displays described
below are permitted for special events in addition to the maximum
allowable sign area, provided they are professionally done and the
following standards are met and complied with:
1) Small Balloons.
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a) The size of small balloons or a group of connected balloons
shall not exceed two (2) feet as the largest dimension,
except that balloon arches not exceeding eight (8) feet in
height shall be allowed.
b) Small balloons may be multi colored and incorporate logos
and messages.
c) Helium balloons shall be refilled daily.
2) Tents.
a) Tents, including all ties, ropes, stakes, etc., shall be located
entirely upon the permittee's property and shall comply with
the City's setback requirements for accessory buildings.
3) Bannerettes.
a) Bannerettes may be used on light standards or flag poles.
b) No more than one (1) bannerette shall be allowed per
standard or pole.
c) Bannerettes shall be smaller than any United States flag on
the property, and shall not be flown at a height greater than
any United States flag allowed on the property.
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
provided that are well secured and are prevented from being
blown around uncontrollably by the wind.
22 b) No more than two (2) banners shall be allowed, except for
the areas within the Destination Retail Highway District in
which no more than five (5) banners shall be allowed at any
one time.
22 c) Individual banners shall not be larger than twenty-eight (28)
square feet and the total of all the banners on the site shall
not exceed one hundred forty (140) square feet. The
applicant may choose to do fewer banners that may exceed
twenty-eight (28) square feet as long as the total size of the
banners does not exceed one hundred forty (140) square
feet..
5) Search lights.
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a) Search lights as regulated in Section 401.15.B.7.g.1) of this
Ordinance.
e. Prohibited Signs and Displays for Special Events. The signs or
displays described below are prohibited for special events:
1) Animated signs, dynamic display signs, electronic graphic
display signs, multivision signs, video display signs, light bulb
strings, pennants, portable signs, ribbons, and streamers.
2) Displays or special features on any landscaped areas or on roofs.
3) Aerial rides.
4) Large balloons or collections of small balloons exceeding two (2)
feet in diameter, except for balloon arches not exceeding eight (8)
feet in height.
5) Additional lighting that does not meet this Ordinance.
6) Any sign or display in the public right-of-way.
7) Air inflatable devices.
f. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements, the applicant shall show that when the event is held,
adequate parking area will continue to exist, even though a portion of
required parking spaces may be used to celebrate the event. Only after
the City issues the sign permit, may a business display the special event
signs and decorations.
g. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.9. DISTRICT REGULATIONS.
a. R-1, R-1A, R-1B, R-1C, Single Family Residential and R-2, Low to
Medium Density Residential Districts. Except as otherwise provided in
this Ordinance, signs in these districts shall be limited to:
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II
1) One (1) sign for each unit in a single and two family residential
dwelling not exceeding two (2) square feet in area per surface.
Lots abutting more than one (1) right-of-way shall be allowed one
(1) sign not to exceed two (2) square feet in area per frontage.
2) Any multiple dwelling structure with three (3) or more units shall be
allowed one (1) monument sign, not to exceed six (6) feet in height
or one (1) wall sign, the aggregate square footage of sign space
shall not exceed thirty-two (32) square feet.
3) Other non-residential uses permitted or conditionally permitted in
the R-1, R-1 A, R-1 B, R-1 C, and R-2 Districts shall be allowed one
monument sign, not to exceed eight (8) feet in height and one (1)
wall sign, the aggregate square footage of sign space shall not
exceed forty (40) square feet. The signs shall not be illuminated
except by conditional use permit as provided for in Section 401.03
of this Ordinance.
4) One (1)freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed four (4) square feet shall be allowed for home occupations
as provided for in Section 401.15.M of this Ordinance, and day care
nursery facilities as provided for in Section 401.15.N of this
Ordinance. The sign shall not be illuminated except by conditional
use permit as provided for in Section 401.03 of this Ordinance.
5) One (1)freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed six (6) square feet shall be allowed for bed and breakfast
facilities as provided for in Section 401.22.E.3 of this Ordinance.
The sign shall not be illuminated except by conditional use permit
as provided for in Section 401.03 of this Ordinance.
6) Exceptions in numbers of height or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
b. 0, Open Space Conservation and R-3, Multiple Family Residential
Districts. Except as otherwise provided in this Ordinance, signs in these
districts shall be limited to:
1) One (1) sign for each unit in a single and two family dwelling not
exceeding two (2) square feet in area per surface. Lots abutting
more than one (1) right-of-way shall be allowed one (1) sign not to
exceed two (2) square feet in area per frontage.
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2) Any multiple family structure with three (3) or more units shall be
allowed a total of four(4) signs for any one (1) project to include the
following:
a) One (1) monument sign per entrance to the project not to
exceed twenty-four (24) square feet or eight (8) feet in
height.
b) Wall signs not more than twenty-four (24) square feet nor
higher than the top on the parapet wall or eave.
3) Other non-residential uses permitted or conditionally permitted in
the 0, Open Space Conservation or R-3, Multiple Family
Residential Districts shall be allowed one monument sign, not to
exceed eight (8) feet in height and one (1) wall sign, the aggregate
square footage of sign space shall not exceed forty (40) square
feet.
4) Parks or public facilities shall be allowed one (1) monument sign
per street entrance, not to exceed eight (8) feet in height and one
(1) wall sign. The aggregate square footage of sign space shall not
exceed sixty (60) square feet.
5) Changeable Copy Signs - Manual and Electronic — Non
Residential Uses in the 0, Open Space Conservation District.
a) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area
is integrated into the allowed sign and subject to the
following:
(1) Changeable copy signs shall only be allowed on
freestanding signs.
(2) The sign shall not directly face a residentially
zoned property and shall be set back at least fifty
(50) feet from any side or rear lot line abutting a
residential district.
(3) The changeable copy portion of the sign shall not
occupy more than thirty five (35) percent of the
actual copy and graphic area of the sign.
(4) The sign message shall not change more than
eight(8) times per day.
6) Electronic Sign Illumination
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a) Electronic signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance
that it impairs the vision of the driver and may not
interfere with or obscure traffic signs or signals.
Lighting may not illuminate any adjacent properties,
buildings, or streets.
b) No sign incorporating LED lighting may be illuminated
in any way so as to exceed a maximum intensity of five
thousand (5,000) nits during daylight hours or five
hundred (500) nits from sunset to sunrise measured at
the sign face at maximum brightness.
c) Signs using fluorescent, neon or incandescent light
sources shall not exceed twelve (12) watts per square
foot of sign surface area.
d) All signs incorporating LED lighting installed shall be
equipped with a mechanism that automatically adjusts
the brightness to ambient lighting conditions to conform
to the requirements of this subsection.
e) The owner of any LED illuminated sign shall provide
certification as to compliance with subsections and F3
of this section to the city upon request by the zoning
administrator.
5) Exceptions in numbers of, height, or size of signs may be allowed
for the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
c. P/I, Public Institutional; R-B, Residential Business; and B-1,
Neighborhood Business Districts. Except as otherwise provided in this
Ordinance, signs in these districts shall be limited to three (3) signs per
principal use upon the subject property, subject to the following conditions:
1) One (1) freestanding monument sign per entrance not more than
forty (40) square feet or more than eight (8)feet in height;
2) Wall signs not more than forty (40) square feet nor higher than the
top of the parapet wall or eave.
3) Parks or public facilities shall be allowed one (1) monument sign
per street entrance, not to exceed eight (8) feet in height, and one
(1) wall sign. The aggregate square footage of sign space shall not
exceed sixty (60) square feet.
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it
4) Changeable Copy Signs - Manual and Electronic — P/I Public
Institutional District.
a) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area
is integrated into the allowed sign and subject to the
following:
(1) Changeable copy signs shall only be allowed on
freestanding signs.
(2) The sign shall not directly face a residentially
zoned property and shall be set back at least fifty
(50) feet from any side or rear lot line abutting a
residential district.
(3) The changeable copy portion of the sign shall not
occupy more than thirty five (35) percent of the
actual copy and graphic area of the sign.
(4) The sign message shall not change more than
eight(8) times per day.
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance
that it impairs the vision of the driver and may not
interfere with or obscure traffic signs or signals.
Lighting may not illuminate any adjacent properties,
buildings, or streets.
b) No sign incorporating LED lighting may be illuminated
in any way so as to exceed a maximum intensity of five
thousand (5,000) nits during daylight hours or five
hundred (500) nits from sunset to sunrise measured at
the sign face at maximum brightness.
c) Signs using fluorescent, neon or incandescent light
sources shall not exceed twelve (12) watts per square
foot of sign surface area.
d) All signs incorporating LED lighting installed shall be
equipped with a mechanism that automatically adjusts
the brightness to ambient lighting conditions to conform
to the requirements of this subsection.
e) The owner of any LED illuminated sign shall provide
certification as to compliance with subsections and F3
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of this section to the city upon request by the zoning
administrator.
6) Exceptions in numbers of, height, or size of signs may be allowed
for the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
d. B-2, General Business; B-3, Highway Business and Warehousing; B-
4, Limited Business District; and I, Industrial Districts. Except as
otherwise provided in this Ordinance, single occupancy business signs in
these districts shall be limited to:
1) Maximum Allowable Sign Area.
Column A Column B Column C
Allowable Percentage Total
Sign Areal) Allowable2) Allowable3)
B-2 and B-3 Districts 100 SF or 15% up to 300 SF
B-W and I Districts 125 SF or 18% up to 400 SF
Footnotes:
1) Allowable sign area regardless of building facade.
2) Maximum allowable sign area based on percentage area of front building
facade. When a building faces two (2) or more streets, calculation of the
maximum allowable sign area shall be based upon the front building
facade and the smallest building facade facing a street frontage.
3) Total maximum allowable sign area per lot or business. Sign areas
exceeding the maximum shown on column c, but less than the area
allowed in column b hereof, may be allowed by conditional use permit or
as part of an approved planned unit development.
2) Freestanding Signs.
a) A maximum of one (1) freestanding sign is allowed upon any
single lot. Sign area may not exceed one hundred (100)
square feet and a maximum height of twenty (20) feet. The
freestanding sign base shall be surrounded with a landscape
planter at least three (3) feet in height and constructed of
materials to match the principal building. The planter shall
contain decorative shrubbery and/or flower materials.
b) Two (2) additional freestanding signs may be allowed
provided they are in compliance with the following standards:
(1) The signs are constructed as a monument sign and
shall not exceed a height of eight (8)feet.
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(2) Decorative shrubbery and/or flowers must be
incorporated as a part of the monument design and
are maintained on a regular basis.
(3) The gross area of the signs, when added together
with all other freestanding and wall sign areas, does
not exceed the maximum allowable sign area
established for the lot.
(4) Monument signs may incorporate additional berming
on a slope of three to one (3:1) where the berming is
incorporated into an overall landscape design plan.
Landscaping shall be provided on the slopes of the
berm in an interesting and varied appearance. Where
a planter box is incorporated, the landscaping shall
occur in and around the planter with a similar
attractive design. In both cases, the height of the
sign, including the planter box shall not exceed eight
(8)feet.
(5) Signs allows pursuant to Section 401.15.G.6 of this
Ordinance.
c) The cumulative total sign area, when added to the gross sign
area of all wall signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign
area under Section 401.15.G.9.d.1) of this Ordinance.
3) Wall Signs.
a) The maximum number of wall signs on any principal building
shall be two (2), and in all cases, each sign shall be placed
on a separate building facade, with or without street frontage
except as allowed for multiple occupancy buildings in
Section 401.15.G.10.d of this Ordinance.
b) The maximum number of wall signs allowed may be
increased over two (2) by conditional use permit for single
occupancy buildings provided the following minimum
standards are met:
(1) There shall be no freestanding sign exceeding eight
(8) feet in height upon the lot.
(2) The wall signs shall be identical in style, color and
size.
22
c) The cumulative total sign area, when added to the gross sign
area of all freestanding signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign
area under Section 401.15.G.9.d.1) of this Ordinance.
d) Signs may also be placed on the side of a building not facing
a street. No building site may have signage in excess of the
signage allowed for that side of the building based upon the
maximum allowable sign area of the building facade.
4) Changeable Copy Signs - Manual and Electronic
a) One manual or electronic changeable copy sign shall be
allowed per site or Commercial Planned Unit
Development provided that the changeable copy area
is integrated into the allowed sign and subject to the
following:
(1) Changeable copy signs shall only be allowed on
freestanding signs.
(2) The sign shall not directly face a residentially
zoned property and shall be set back at least fifty
(50) feet from any side or rear lot line abutting a
residential district.
(3) The changeable copy portion of the sign shall not
occupy more than thirty five (35) percent or more
than forty (40) square feet, whichever is greater,
of the actual copy and graphic area of the sign.
(4) The sign message shall not change more than
eight (8) times per day.
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance
that it impairs the vision of the driver and may not
interfere with or obscure traffic signs or signals.
Lighting may not illuminate any adjacent properties,
buildings, or streets.
b) No sign incorporating LED lighting may be illuminated
in any way so as to exceed a maximum intensity of five
thousand (5,000) nits during daylight hours or five
23
hundred (500) nits from sunset to sunrise measured at
the sign face at maximum brightness.
c) Signs using fluorescent, neon or incandescent light
sources shall not exceed twelve (12)watts per square
foot of sign surface area.
d) All signs incorporating LED lighting installed shall be
equipped with a mechanism that automatically adjusts
the brightness to ambient lighting conditions to conform
to the requirements of this subsection.
e) The owner of any LED illuminated sign shall provide
certification as to compliance with subsections and F3
of this section to the city upon request by the zoning
administrator.
Sign Tables. Sign tables that summarize the district sign allowances are
found on the following page.
SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET*
Zoning Identifi- Freestanding Wall Temp Perm
District cation Window Window
All Res. Non- All Res. Non-
Uses Res. Uses Res.
0 -- — 24 40' -- 24 40' -- 25%6
R-1/R-2 -- -- 322 40' -- 322 401 -- 25%6
R-3 -- -- 24 401 -- 24 40' -- 25%6
R-B 4 40 -- -- 40 -- -- 10%7 25%6
B-1 4 40 -- -- 40 — -- 10%7 25%6
B-2 4 1003 -- -- —3 — -- 10%' 25%6
B-3 4 1003 -- -- __3 -- -- 10%' 25%6
B-4 4 1003 -- -- —3 -- -- 10%' 25%6
BW 4 1005 — -- —5 -- -- 10%' 25%6
I 4 1005 -- -- -5 -- -- 10%' 25%6
P-I -- 40 -- -- 40 -- -- — 25%6
1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet.
2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet.
3 Allowable sign area is 100 square feet or 15%of front building facade up to 300 square feet.
4 Allowable sign area is 50 square feet or 10%of front building facade up to 200 square feet.
5 Allowable sign area is 125 square feet or 18%of front building facade up to 400 square feet.
6 Percentage based upon total window area.
7 Percentage based upon front building facade.
24
SIGN TYPE AND MAXIMUM HEIGHT IN FEET*
Zoning Freestanding Freestanding Wall Address
District Monument
O 8 8 Top of parapet wall or eave 3.5 in.
R-1/R-2 8 6 Top of parapet wall or eave 3.5 in.
R-3 8 8 Top of parapet wall or eave 3.5 in.
R-B 8 8 Top of parapet wall or eave 3.5 in.
B-1 8 8 Top of parapet wall or eave 3.5 in.
B-2 8 20 Top of parapet wall or eave 3.5 in.
B-3 8 20 Top of parapet wall or eave 3.5 in.
B-4 8 20 Top of parapet wall or eave 3.5 in.
BW 8 20 Top of parapet wall or eave 3.5 in.
8 20 Top of parapet wall or eave 3.5 in.
P-1 8 8 Top of parapet wall or eave 3.5 in.
*Not a complete listing. Please refer to Section 401.15.G.9,District Regulations and Section
401.15.G.10,Special District Provisions for specific standards.
401.15.G.10. SPECIAL DISTRICT PROVISIONS.
a. Motor Fuel Station.
1) Signs for motor fuel stations shall be regulated by the single
occupancy business structure sign provisions for the zoning district
in which the station is located.
2) Pump island signs shall not exceed two (2) square feet per pump.
3) Portable signs shall not be allowed.
4) The area of all displays and/or signs shall be counted against the
total sign area allowed for the site, which includes both freestanding
and wall sign allowances.
b. Destination Retail Highway Sign District. Signs and sign allowances,
in addition to the sign allowances for single and multiple occupancy signs
of this Ordinance, shall be allowed within the Destination Retail Highway
Sign District as identified on maps on file at City Hall.
1) Freestanding Signs.
a) One (1) freestanding sign for business developments as part
of an approved planned unit development not exceeding two
hundred (200) square feet with a maximum height of forty
(40) feet. The sign faces shall be oriented toward Highway
25
36 and Highway 5 and away from residential developments.
The freestanding sign base shall be surrounded with a
landscape planter at least three (3) feet in height and
constructed of materials to match the principal building. The
planter shall contain decorative shrubbery and/or flower
materials that are maintained on a regular basis.
b) For single occupancy lots and business developments as
part of an approved planned unit development, the
allowances for freestanding signs found in Section
401.15.G.9 of this Ordinance shall be increased to allow one
(1) sign not exceeding one hundred fifty (150) square feet
and a maximum height of thirty (30) feet. The freestanding
sign base shall be surrounded with a landscape planter at
least three (3) feet in height and constructed of materials to
match the principal building. The planter shall contain
decorative shrubbery and/or flower materials that are
maintained on a regular basis.
2) Wall Signs. For single occupancy lots and business developments
as part of an approved planned unit development, maximum
allowable sign area allowances found in Section 401.15.G.9 of this
Ordinance shall be increased to eighteen (18) percent for allowable
sign area based upon percentage and five hundred (500) square
feet of maximum allowable sign area per lot.
c. Single Occupancy Retail Stores Exceeding One Hundred Thousand
(100,000) Square Feet. The following maximum specifications shall apply
for single occupancy commercial structures of one hundred thousand
(100,000) square feet of floor area or more:
1) Freestanding Signs. The freestanding sign allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to allow
one (1) freestanding sign not to exceed two hundred (200) square
feet and a maximum height of thirty (30) feet.
2) Wall Signs. Maximum allowable sign area allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to eighteen
(18) percent for allowable sign area based upon percentage and
five hundred (500) square feet of maximum allowable sign area per
lot.
d. Multiple Occupancy Business Buildings, Industrial Buildings, and
Lots.
1) When a single principal building is devoted to two (2) or more
businesses or industrial uses, or a lot will contain more than one (1)
single occupancy building as part of an approved planned unit
development, a comprehensive sign plan shall be required subject
26
to review as to whether the plan is consistent with the sign
regulations. The plan and sign allowances shall be subject to the
following:
a) A comprehensive sign plan is submitted which includes all of
the following information:
(1) A site plan to scale showing the location of lot lines,
building structures, parking areas, existing and
proposed signs, and any other physical features of
the area included within the comprehensive sign plan.
(2) Elevations to scale of building or buildings included
within the comprehensive sign plan including the
location of existing or proposed wall signs.
(3) To scale plans for all existing and proposed signs of
an type included within the comprehensive sign plan
indicating area, dimensions, height, materials, colors,
and means of illumination (if any).
2) The maximum individual sign sizes for multiple occupancy buildings
and individual businesses that may display a sign shall not exceed
the maximum provisions for single occupancy structures of the
applicable zoning district.
3) Mixed use multiple occupancy buildings and developments with
multiple single occupancy buildings may display a freestanding sign
in addition to and consistent with the applicable zoning district
provisions of Section 401.15.G.9 of this Ordinance. The
freestanding sign may not exceed one hundred (100) square feet
and a maximum height of twenty (20) feet. The freestanding sign
base shall be surrounded with a landscape planter at least three (3)
feet in height and constructed of materials to match the principal
building. The planter shall contain decorative shrubbery and/or
flower materials.
4) Except as provided for in Section 401.15.G.10 of this Ordinance,
individual tenants of a multiple occupancy building shall not display
separate wall signs unless the tenants business has an exclusive
exterior entrance. The number of individual wall signs shall be
limited to one (1) per entrance, and each sign shall be limited to the
maximum wall sign allowances permitted in the district. Tenants on
building ends may have a maximum of two (2) signs each to be
located at the front and side elevations of the tenant space. The
individual signs shall be located only on exterior walls which they
are directly related to the use being identified.
27
5) In any multiple occupancy building qualifying as a shopping center,
signs shall be permitted for each common public entrance. Each
sign area shall not exceed a total of fifty (50) square feet and shall
be located within fifty (50) feet of the common public entrance being
served. Attention shall be given to the possible number of tenants
or occupant bays which may be served by the common public
entrance for which the sign is intended.
6) No permit shall be issued for a new or replacement sign for an
individual use except upon a determination by the Zoning
Administrator that it is consistent with the approved comprehensive
sign plan.
401.15.G.11. NON-CONFORMING SIGNS.
a. General Provisions Governing Non-Conforming Signs.
1) Continuation of Use. A non-conforming sign lawfully existing upon
the effective date of this Ordinance may be continued at the size
and in the manner existing upon such date.
2) If any property use or business changes ownership, all signs on
that property, including any sign identifying a business no longer in
existence, shall be brought into conformance with Section
401.15.G.15.c)within thirty (30) days.
3) Prohibitions. A non-conforming sign may not be:
a) Structurally altered except to bring it into compliance with the
provisions of this Ordinance.
b) Enlarged.
c) Re-established after its removal or discontinuance.
d) Repaired or otherwise restored, unless the damage is less
than fifty (50) percent of sign structure.
e) Replaced.
4) Non-Conforming Sign Maintenance and Repair. Nothing in this
Ordinance shall be construed as relieving the owner of use of a
legal non-conforming sign or owner of the property on which the
legal non-conforming sign is located from the provisions of this
Ordinance regarding safety, maintenance, and repair of signs,
provided, however, that any repainting, cleaning, and other normal
maintenance or repair of the sign or sign structure shall not modify
the sign structure or copy in any way which makes it more non-
conforming or the sign shall lose its legal non-conforming status.
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b. Non-Conforming Uses. When the principal use of land is legally non-
conforming under the Zoning Ordinance, all existing or proposed signs in
conjunction with that land shall be considered conforming if they are in
compliance with the sign provisions for the most restrictive zoning district
in which the principal use is allowed.
401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or posted at all
times. Every sign and the immediate surrounding premises shall be maintained
by the owner or person in charge thereof in a clean, sanitary, and inoffensive
condition and free and clear of all obnoxious substances, rubbish and weeds.
Notice shall be given to the Zoning Administrator of any change in sign user, sign
owner, or owner of the property on which the sign is located.
401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be
subject to inspection by the City Building Official. The Building Official may order
the removal of any sign that is not maintained in accordance with the
maintenance provisions of this Ordinance.
401.15.G.14. SIGN PERMIT AND APPLICATION.
a. Sign Permit Required. Except as provided in this Section, no sign or
structure shall be erected, constructed, altered, rebuilt, or relocated until a
sign permit has first been issued by the City. The fees which shall be
charged for sign permits under this Section shall be in accordance with the
fee schedule as determined by resolution of the City Council.
b. Sign Application. The following information for a sign permit shall be
supplied by an applicant as requested by the Zoning Administrator or
designee:
1) Name, address, and telephone number of person making the
application.
2) Name, address, and telephone number of person owning the sign.
3) A site plan to scale showing the location of lot lines, building
structures, parking areas, existing and proposed signs and any
other physical features.
4) The location, diagrams, and dimensions of the building, building
elevations, structure, and lot to which, or upon which, the sign is to
be attached or erected. Building elevations shall include an artist's
rendition or color computer graphic simulation if required by the
Zoning Administrator.
29
5) A site plan showing the positioning and height of the sign(s) or
other advertising structures in relation to all nearby existing or
proposed buildings, structures, and property lines, lighting details,
colors, materials, a table of the proposed gross sign area for each
sign and the total proposed sign area.
6) Photographs of the building face and the building faces of any
adjacent buildings.
7) Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
8) Copy of stress sheets and calculations showing that the structure is
designed for dead load and wind pressure in any direction in the
amount required by this and all other laws and ordinances of the
City.
9) Written consent of the owner or lessee of any site on which the sign
is to be erected.
10) Any electrical permit required and issued for the sign.
11) The name of the person, firm, corporation, or association erecting
the structure.
12) Such other information as the Zoning Administrator or designee
requires, showing full compliance with this and all other laws and
ordinances of the City.
13) If the work authorized under a sign permit has not been completed
within twelve (12) months after the date of its issuance, said permit
shall become null and void.
401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning
Administrator or designee finds that any sign or sign structure is unsafe or in
violation of the provisions of this Ordinance, written notice shall be given to the
owner and/or party responsible for the sign to comply with the standards required
by this Section in a prescribed time frame and manner. The removal of the signs
shall be done in the following manner:
a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee,
shall order the removal of any permanent sign erected or maintained in
violation of this Ordinance. Those signs deemed unsafe by the Zoning
Administrator or designee shall be ordered removed immediately. Thirty
(30) days notice in writing shall be given to the owner of all other signs
or of the building, structure, or premises on which such sign is located, to
either comply with this Ordinance or remove the sign. The owner of the
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sign, building, structure, or premises shall also, upon removal of any sign,
be fully responsible for repairing, replacing, and returning the ground,
building wall, or other mounting surface to its original condition or to a
proper condition consistent with the present appearance of the area,
building wall, or surface.
b) Temporary Illegal Signs. The City may impound signs which have been
illegally installed upon public property or within public right-of-way or
easement. The sign owner may retrieve the signs according to the
following:
1) Fee Payment. For impounded signs, there shall be an
impoundment and storage fee, as may be approved from time to
time by Council resolution.
2) Retrieval of Sign. The sign shall be retrieved from a designated
impound area during routine business hours and within fifteen (15)
days from the date of impounding. After fifteen (15) days, the City
will dispose of the sign.
3) Liability. The City shall not be held liable for any damage to
impounded signs.
c) Out of Business Signs. Signs not used for signing when a business
permanently closes or leaves the tenant space shall be removed or
altered within thirty (30) days from the close of business. Wall or
freestanding signs and sign structures that are in compliance with the
provisions of this Ordinance but are not in use shall be addressed in the
following manner:
1) Wall signs. The sign shall be removed.
2) Wall signs (cabinet). A blank face shall be inserted in the cabinet.
3) Freestanding Signs. The sign area shall be totally covered.
4) Non-Conforming Signs/Sign Structures. All non-conforming signs
and sign structures shall be removed in compliance with Section
401.15.G.11 of this Ordinance.
d) Administrative Enforcement. Enforcement procedures for violations of
this Chapter shall be conducted as outlined in Section 101.05 of the City
Code.
401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement
of this Ordinance and to alleviate hardship and injustice, the City Council may,
upon application, grant a variation from the terms of this Ordinance. Upon
application, therefore, from the person seeking a permit for the erection or
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installation of a sign, the request for variance shall be processed in accordance
with Section 401.04 of this Ordinance, as may be amended.
a. Criteria. Additionally, the City Council shall make a finding of fact that an
undue hardship or injustice exists if a variance was not granted and
therefore, may grant such variations based upon consideration of the
following:
1) That particular physical surrounding, shape, or topographical
conditions of the specific parcel of land involved exist.
2) That the condition involved is unique to the particular parcel of land
involved.
3) That the purpose of the variation is not based exclusively upon a
desire to increase the value of income potential of the business
involved.
4) That the alleged difficulty or hardship is caused by this Ordinance
and has not been created by any persons presently having an
interest in the parcel.
5) That the granting of the variation will not be detrimental to the
public welfare or injurious to other land or improvements in the
neighborhood.
6) That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion of the public streets or interfere with the function of the
Police and Fire Departments of the City.
b. Fees. Fees for the review and processing of sign permit variance
requests shall be changed in accordance with the provisions of Section
401.08 of this Ordinance.
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