Article 3. Regulations linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21559
10-4-301: Applicability And Exemptions
10-4-302: Unlawful Signs
10-4-303: Prohibited Support
10-4-304: Wall Signs Extending From Buildings
10-4-305: Signs Projecting From Buildings
10-4-306: Signs On Marquees, Awnings, Canopies Or Similar Architectural Elements
10-4-307: Signs Projecting Above Buildings
10-4-308: Pole Or Ground Signs
10-4-309: Obstruction Of Passages; Maintenance
10-4-310: Context Of Signs
10-4-311: Discontinuance Of The Use Of Signs
10-4-312: Signs On Vacant Land
10-4-313: Color Of Signs
10-4-314: Lighting Of Premises
10-4-315: Intensity Of Lighting
10-4-316: Identification
10-4-317: Construction Signs
10-4-318: Attraction Boards
10-4-319: Murals
10-4-320: Flags, Banners And Pennants

10-4-301: APPLICABILITY AND EXEMPTIONS: linklink


A. Applicability: Except as otherwise specifically provided in this chapter, the regulations set forth in this article shall apply to the construction, erection, and maintenance of each signwithin the city. The provisions of this chapter are not intended to prevent the use of any material, method of construction, size, shape, or location of any sign not specifically prescribed provided any such alternate has been approved. The building official or the architectural commission may approve any such alternate provided the material method, size, shape, or location offered is found, for the purpose intended, to be at least the equivalent of that prescribed in this article.


B. Exemptions: Notwithstanding any other provision of this chapter, the following shall not be deemed to be included within the definition of a "sign" for purposes of this chapter:

1. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal devices, or warnings at railroad crossings;

2. Signs required to be maintained by law or governmental order, rule, or regulation provided that the total surface area of all such signs on any one lot or parcel does not exceed ten (10) square feet;

3. Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cable;

4. Signs upon a vehicle provided that any such vehicle and signs thereon are not conspicuously parked or left standing for advertising purposes so as to constitute a device or other type of sign pursuant to the definition of a sign, except when being used for bona fide delivery and other vehicular purposes away from a fixed place of business;

5. Signs not more than two (2) in number and noticing or soliciting the sale, lease, or hire of a vehicle to which such signs are attached if such signs are nine inches by twelve inches (9" x 12") or less; and

6. Promotional displays or devices located inside a building or structure and otherwise defined as a "sign" where such displays or devices are either: a) not lighted or illuminated, set on a wall, partition or display structure at least five feet (5') away from and perpendicular to the street or courtyard frontage of the business or structure; or b) lighted or illuminated, set back from the street or courtyard frontage of the business a distance greater than half the width of the ground floor street or courtyard frontage of the business or fifteen feet (15'), whichever is less, and higher than the top of the windows on the ground floor frontage occupied by the business.

Except as otherwise specifically provided in this chapter, the regulations set forth in this article shall apply to the construction, erection, and maintenance of each sign within the city. The provisions of this chapter are not intended to prevent the use of any material, method of construction, size, shape, or location of any sign not specificallyprescribed provided any such alternate has been approved. The building official or the architectural commission may approve any such alternate provided the material, method, size, shape, or location offered is found, for the purpose intended, to be at least the equivalent of that prescribed in this article. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 00-O-2345, eff. 5-19-2000)

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10-4-302: UNLAWFUL SIGNS: linklink


A. Posting On Public Places: It shall be unlawful for any person to post, suspend, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public to, over, or upon any street right of way, public sidewalk, curb, curbstone, lamp post, hydrant, tree, railroad right of way, electric light pole, telephone pole, telegraph pole, or upon any future of the fire alarm, police, or telephone system of the city, or upon any public building or utility, unless permission so to do is first secured from the council.


B. Posting On Private Premises: It shall be unlawful for any person to post, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public to, at, from, or upon any post, fence, wall, building, structure, or any part of any building or structure located in or upon any private premises or property within the city, unless the written consent of the owner, agent, or occupant has first been obtained so to do.


C. Projecting Signs: Except as permitted in the C-5 zone, it shall be unlawful for any person to erect, install, or maintain a projecting sign within the city except for signs in nonresidential zones indicating the location of emergency medical facilities, public off street parking facilities, or other similar public services and subject to the provisions of this chapter.


D. Moving Signs: It shall be unlawful for any person to erect, install, or maintain any sign which, in whole or in part, moves, rotates, flashes, reflects, blinks, or appears to do any of the foregoing, or which simulates motion in any manner. For the purposes of this section, the following signs shall be examples of moving signs: flags, banners, and pennants not otherwise permitted by section 10-4-320 of this article; captive balloons; market quotations; time or temperature recording devices; clocks, except analog clocks without advertising; signs which are constructed of or faced with scotch light or similar material; signs which change color; and signs in which the intensity of lighting changes, or appears to change, including flashers and blinkers. This list of examples is not exclusive. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 88-O-2045, eff. 12-15-1988;Ord. 96-O-2268, eff. 10-18-1996)

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10-4-303: PROHIBITED SUPPORT: linklink

No sign shall be supported in whole or in part from any public utility installation or any tree on private premises. (Ord. 80-O-1775, eff. 12-5-1980)
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10-4-304: WALL SIGNS EXTENDING FROM BUILDINGS: linklink


A. Extension From Building: Where a wall or building is on the property line, no portion of a wall sign shall extend more than twelve inches (12") from the wall of such building or structure to which it is attached where the sign is eight feet (8') or more above the grade, or more than one inch (1") where the sign is less than eight feet (8') above the grade. The same limitations shall apply to signs which do not extend beyond the property line.


B. Illumination: Wall signs less than eight feet (8') above the grade shall not be illuminated.


C. Parallel To Street: Wall signs shall be placed on a wall parallel to the facing or abutting street, except that if the wall of the structure on which the sign is to be affixed or attached is not parallel to such street, and is less than ninety degrees (90°) from a line perpendicular to the street, such sign may be affixed or attached parallel to such wall. (Ord. 80-O-1775, eff. 12-5-1980)

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10-4-305: SIGNS PROJECTING FROM BUILDINGS: linklink

Permitted projecting signs shall not project from the wall of the building or structure to which they are attached more than thirty inches (30") and shall not exceed eight feet (8') in height. Projecting signs less than twelve feet (12') above the grade shall be prohibited. Permitted projecting signs may project over public sidewalks. (Ord. 80-O-1775, eff. 12-5-1980)
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10-4-306: SIGNS ON MARQUEES, AWNINGS, CANOPIES OR SIMILAR ARCHITECTURAL ELEMENTS: linklink


A. No marquee, awning, canopy, or similar architectural element which projects more than twelve inches (12") from the face of a building shall be used for advertising purposes except as specifically provided in this section. No wood, paper, cloth, or temporary sign shall be hung or attached to any such architectural element. However, one horizontal line of letters and symbols not to exceed seven inches (7") in height which identifies the name and occupation of the tenant or owner of the building and the street address of the tenant or the building may be painted on or fixed to the architectural element on the faceof the element which is parallel to the wall of the building or structure to which it is attached. The letters and symbols shall not extend above the top surface or below the lower edge of such architectural element. No such architectural element, nor any sign mounted on such element shall be illuminated.


B. Notwithstanding the restrictions contained in subsection A of this section, the architectural commission may grant a sign accommodation pursuant to article 9 of this chapter to allow letters and symbols to be painted or fixed in more than one line or exceed seven inches (7") in height if the combined height of the letters and symbols in all lines and the space or spaces between lines does not exceed fourteen inches (14") in overall height, the allowable total area of all other signs shown on the required unified sign plan is reduced by at least fifty percent (50%), and, in addition to the findings otherwise required to grant a sign accommodation, the commission finds that such signs on any marquee, awning, canopy or similar architectural element shall be the principal identification of the building or business.


C. Notwithstanding the restrictions contained in subsection A of this section, pursuant to article 9 of this chapter, the architectural commission may grant a sign accommodation to permit: 1) one nonilluminated sign, constructed of individual letters that do not exceed fourteen inches (14") in height, above the top surface of a marquee, awning, canopy, or similar architectural element which projects more than twelve inches (12") from the face of a building, provided such sign is parallel to the wall of the building to which the architectural element is attached; or 2) one nonilluminated sign, constructed of individual letters that do not exceed seven inches (7") in height, suspended from such architectural elements, provided such sign is parallel to the wall of the building to which it is attached. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 93-O-2181, eff. 11-19-1993; Ord. 96-O-2268, eff. 10-18-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186975
10-4-307: SIGNS PROJECTING ABOVE BUILDINGS: linklink

No sign shall extend above the roof of the building to which it is attached except:


A. When it is attached to the side of a penthouse and does not extend above the roof of the penthouse; or


B. When it is attached to a parapet wall and does not extend above the top of the parapet wall nor more than three feet (3') above the adjacent roof level. (Ord. 80-O-1775, eff. 12-5-1980)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186976
10-4-308: POLE OR GROUND SIGNS: linklink


A. No portion of a pole or ground sign or its supports shall project or extend beyond the property line, except as provided in article 6.5 of this chapter.


B. No portion of a pole or ground sign or its supports shall project or extend over, above, or beyond a wall or roof of a building or structure. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 96-O-2268, eff. 10-18-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186977
10-4-309: OBSTRUCTION OF PASSAGES; MAINTENANCE: linklink

When a sign is located on the roof of a building, a minimum of six feet (6') in width and eight feet (8') in height for access to all parts of the roof shall be provided for firefighting personnel and equipment. (Ord. 80-O-1775, eff. 12-5-1980)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186978
10-4-310: CONTEXT OF SIGNS: linklink

The lettering and other identification markings on all signs within the city shall only include the following: the name and location of the business or building, the nature of the business, a logo, and an identification of the services rendered or the type of merchandise sold. Except as otherwise provided in this chapter, signs shall not contain multiple listings of business names, services rendered or types of merchandise. Except as otherwise expressly authorized by law, signs shall contain no references to the prices of merchandise or the prices of services performed. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 93-O-2181, eff. 11-19-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186979
10-4-311: DISCONTINUANCE OF THE USE OF SIGNS: linklink


A. Nonstructural Sign Elements: No person shall permit any sign authorized by the provisions of this chapter, other than the structural parts thereof, to remain in place after the business or activity identified by such sign has ceased discontinued use of the building or premises where the sign is located.


B. Structural Parts: In addition to the provisions of subsection A of this section:

1. Notices: No person shall permit the structural parts of any sign authorized by the provisions of this chapter to remain in place after the business whose products or services are advertised has ceased or discontinued use of the building or premises where the sign is located for a period of ninety (90) days after written notification from the building official to remove such sign, unless such period is extended by the building official for good cause.

2. Reports: Upon failure to comply with the provisions of subsection B1 of this section, the building official may submit a report to the council requesting authorization for the removal of such sign by the building official and that the costs for such removal be levied as a special assessment against the land or building upon which such sign is located.

3. Hearings: Upon the receipt of such report, the council by resolution shall fix a time, date, and place for hearing such report and any protests or objections thereto. The city clerk shall cause notice of such hearing to be served by certified mail, postage prepaid, addressed to the last known owner of the sign. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when and where the council will hear and pass upon the report of the building official.

Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the building official, together with any such objections or protests. The council may thereupon, by resolution, order the building official to remove such sign.

4. Cost Of Removal: Upon the completion of the removal of the sign, the building official shall submit a report to the council specifying the costs of the removal of the sign to be paid and levied as a special assessment against the land or building upon which such sign is located.

5. Hearings On Costs Of Removal: Upon the receipt of such report, the council by resolution shall fix a time, date, and place for the hearing on the confirmation of such report and any protests or objections thereto. The city clerk shall cause notice of such hearing to be served by certified mail, postage prepaid, addressed to the owner of the sign. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when and where the council will hear and pass upon the confirmation of the report of the building official.

6. Confirmation: Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the building official, together with any such objections or protests. The council thereupon may confirm by resolution the statement of costs of the removal of the sign contained in the report of the building official and cause the same to be paid and levied as a special assessment against the land or building upon which such sign is located. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 96-O-2268, eff. 10-18-1996)

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10-4-312: SIGNS ON VACANT LAND: linklink


A. Signs Prohibited: Subject to the exceptions set forth in subsection B of this section, no sign shall be placed upon any vacant lot on which no business is being conducted or on unimproved property.


B. Exceptions: Signs dealing exclusively with the sale, lease, or transfer of such property may be permitted subject to any and all of the regulations applicable thereto contained in this chapter and further subject to the following restrictions:

1. Such signs shall not be lighted; and

2. Such signs shall be located not less than ten feet (10') from the street line. (Ord. 80-O-1775, eff. 12-5-1980)

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10-4-313: COLOR OF SIGNS: linklink


A. Signs shall be limited to not more than three (3) colors. For the purposes of this section, the following rules shall apply to the determination of the number of colors in a sign:

1. The color of the lighting or illumination of a sign shall be considered a color of the sign.

2. In the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the background shall not be considered as a color of the sign.

3. Shades or gradations of color shall each constitute a separate color.

4. Black and white shall not be considered colors.


B. Notwithstanding the restrictions of subsection A of this section, the architectural commission may grant a sign accommodation pursuant to article 9 of this chapter to authorize more than three (3) colors on a sign, including shades of color or gradations of color.


C. Murals or similar displays painted or placed on a building or construction barricade, or a rendering of the project under construction placed on a construction barricade, shall be exempt from the color restrictions contained in this section. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 91-O-2119, eff. 7-5-1991; Ord. 93-O-2181, eff. 11-19-1993)

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10-4-314: LIGHTING OF PREMISES: linklink


A. Any perimeter or flood lighting or other external lighting, whether used for illumination or advertisement, which illuminates private land, buildings, signs, or structures, whether built upon or not, shall be permitted only when such lighting is installed on private property and hooded or shielded so that no direct beams therefrom fall upon public streets, alleys, highways, or other private property. Such lighting shall be subject to architectural review pursuant to chapter 3, article 30 of this title. The reviewing authority shall consider the color, design, and placement of the lighting fixtures and the color, design and intensity of the lighting.


B. Except as provided in subsection C of this section, any projected light display or exposed tube lighting element, such as neon, on the exterior of any building or structure that is notsubject to regulation as a sign under article 6 of this chapter shall be subject to architectural review pursuant to the criteria set forth in section 10-3-3010 of this title, the architectural commission shall be the reviewing authority for purposes of such review.


C. Notwithstanding the foregoing, existing exposed tube lighting which is otherwise subject to regulation under subsection B of this section, but which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article and may be refurbished or maintained without architectural review.

In addition, except as provided in this subsection, any exposed tube lighting element, such as neon, or projected light display on the exterior of any building, or any such lighting element or display in the interior of a building which is visible from a public street or alley, shall be subject to architectural review as a sign pursuant to chapter 3, article 30 of this title and shall be considered a sign, or a portion thereof, for the purposes of this article.

Notwithstanding the foregoing, existing exposed tube lighting which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article and may be refurbished or maintained without architectural review. Furthermore, restoration of exposed tube lighting which is not existing but which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article, but requires architectural review as a sign pursuant to chapter 3, article 30 of this title. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 93-O-2181, eff. 11-19-1993; Ord. 00-O-2345, eff. 5-19-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186983
10-4-315: INTENSITY OF LIGHTING: linklink


A. No sign shall be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of, or cause confusion to the operator of, a motor vehicle on the public streets.


B. No sign which is lighted or illuminated to an intensity in excess of that of a public street light shall be constructed or maintained within two hundred feet (200') of and facing property in a residential zone. (Ord. 80-O-1775, eff. 12-5-1980)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186984
10-4-316: IDENTIFICATION: linklink


A. No person shall erect, construct, maintain, or use any real estate sign or construction sign within the city without having permanently affixed thereto in a conspicuous place on the frontthereof a self-adhering tag issued by the director of finance administration indicating the year of the permit and such other information as may be deemed to be necessary.


B. Permanent signs shall have plainly marked in a conspicuous place thereon the name and address of the person, firm, or corporation having the permit for the erection, construction, or maintenance of such sign.


C. Any sign advertising the lease, rental, or sale of real estate to which it is attached, or upon which it is attached, or upon which it is located shall indicate whether the name placed thereon belongs to the owner or the agent of the owner of such real estate. (Ord. 80-O-1775, eff. 12-5-1980)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186985
10-4-317: CONSTRUCTION SIGNS: linklink


A. No person shall erect, install, maintain, or use any construction sign on any premises, unless the required permits for the construction have been obtained from the city.


B. Construction signs shall be removed prior to the final inspection. (Ord. 80-O-1775, eff. 12-5-1980)

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10-4-318: ATTRACTION BOARDS: linklink

No attraction board shall be constructed, erected, or maintained, except as where permitted by other sections of this chapter. (Ord. 80-O-1775, eff. 12-5-1980)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186987
10-4-319: MURALS: linklink

Notwithstanding any other restriction contained in this chapter, pursuant to article 9 of this chapter, the architectural commission may grant a sign accommodation to authorize the installation of a mural, or similar environmental graphics, if such mural or environmental graphics consist of architectural and landscape features, such as trompe l'oeil. Any mural or environmental graphics which identify a business or building by logo, trademark or slogan, shall be included in the calculation of the business or building identification sign area. (Ord. 93-O-2181, eff. 11-19-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=186988
10-4-320: FLAGS, BANNERS AND PENNANTS: linklink


A. Residential Uses: Each one-family residence, "small family daycare home", "large family daycare home", and multiple-family occupancy as defined in chapter 3 of this title, may display a total of two (2) flags, banners or pennants. No such flag, banner or pennant shall exceed twelve (12) square feet in area.


B. Other Uses: Each use not specified in subsection A of thissection may display a total of two (2) flags, banners or pennants per fifty feet (50') of street frontage or part thereof. No flag, banner or pennant displayed pursuant to this subsection shall exceed twelve (12) square feet in area unless reviewed by the architectural commission. In nonresidential zones, such flags, banners or pennants shall not be suspended from flagpoles less than twelve feet (12') or more than forty feet (40') in height.


C. Mounting: Flags, banners and pennants shall be mounted in accordance with regulations proscribed by the architectural commission.


D. Public School Zone: Notwithstanding any provision of this chapter to the contrary, banners may be posted or otherwise affixed upon fences located within the public school zone. A permit shall not be required for such banners. No such banner shall exceed the dimensions of four feet by two and one-half feet (4' x 21/2'). A maximum of five (5) banners shall be permitted upon any one school property. (Ord. 96-O-2268, eff. 10-18-1996; amd. Ord. 02-O-2413, eff. 12-6-2002)

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