[Ord. No. 1091 §§1 —
3(App. A §430.010), 9-24-2003]
A.
The
intent of this Chapter is to create the framework for a comprehensive
and balanced system of sign regulations to facilitate an easy and
pleasant communication between people and their environment and to
avoid the visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and community
appearance. With these purposes in mind, it is the intent of this
Chapter to authorize the use of signs which are:
[Ord. No. 1091 §§1 —
3(App. A §430.020), 9-24-2003; Ord. No. 1142 §17, 12-8-2004; Ord. No. 1259 §2, 5-21-2008; Ord. No. 1303 §1, 9-23-2009; Ord. No. 1456 § 1, 4-19-2017]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any devices with flashing, blinking, rotating or moving action,
flags, streamers, spinners, pennants, lights, balloons, inflatable,
air-activated, or similar devices or ornamentations designed or intended
to attract the attention of the public to an establishment or to a
sign.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
A billboard which has a computer controlled board that displays
an image through the use of light emitting diode display (LED) or
similar technology.
All wall planes of a building which are visible from one
(1) side or perspective.
A sign or portion of a sign displaying only fuel pricing
information with no additional advertising or content.
A permanent roof like structure projecting beyond a building
over an entrance often to a hotel, theater, or other building.
Any mosaic, painting, or graphic art or combination thereof
which is professionally applied to a building and which does not convey
a commercial message.
Any sign, wording, logo, or other representation that is
not defined as a commercial message.
To erect, attach or affix in any manner, including, without
limitation, nailing, tacking, tying, gluing, pasting, painting, stacking,
marking or writing.
Multi-family housing development or a single development
on identifiable parcel(s) of land.
The triangular area of land at the intersection of streets
or a street and driveway formed by a diagonal line connection two
(2) points located on intersecting street curb lines the short leg
of which shall be twenty (20) feet and the long leg of which shall
be one hundred forty (140) feet. Such area shall remain free of any
sign related obstruction to vision more than two (2) feet in height
measured from the roadway.
Any framed, bracketed, free-formed, painted or engraved surface
which is fabricated to create words, numerals, figures, devices, designs,
trademarks or logos, which is mounted on or affixed to a building
or the ground and which is sufficiently visible to persons not located
on the lot where such device is located to attract the attention of
such persons or to communicate information to them. "Sign" includes
sign supports. Murals shall not be considered to be signs.
The replacement, enlargement, reduction, reshaping or adding
to a sign, frame, pole, brackets or any supporting member.
The entire face of a sign including any framing, trim, or
molding, but not including the supporting structure.
The vertical distance measured from the average ground level
to the highest point of the sign or sign structure.
The normal care and minor repair that is necessary to retain
a safe, attractive and finished structure, frame, supports, brackets
or surface. Changing copy or logo without increasing sign dimensions
shall be considered maintenance if the information, product or service
depicted remains the same and if the sign is to serve the identical
establishment using the same business firm name as before the change.
Maintenance may include a change in name on the sign due to corporate
merger, consolidation or other legal name change.
Changing or replacing the words, numerals or other surface
of the sign to serve a different establishment or business or to create
a substantially different visual effect without altering, moving or
replacing the structure, frame supports, or bracket supporting the
sign.
The supporting members of the sign such as frame, poles,
brackets or structures by which a sign is mounted on or affixed to
a building or the ground.
A sign, other than a billboard, advertising a business, service,
commodity, accommodation, attraction or other enterprise or activity
that is no longer operating or being offered or conducted.
A sign that is mounted, painted, or otherwise applied to
a building.
Any sign whose light source is located in the interior of
the sign so that the rays go through the face of the sign.
A sign made of fabric or other non-rigid material with no
enclosing framework.
Any sign located on the ground or on a structure located
on the ground and not attached to a building.
A sign providing directions necessary or convenient for visitors
or clients coming onto a premise.
Any sign that is illuminated by an external or internal light
source that is visible to a person standing on the ground.
A sign with a fixed or changing display or message composed
of a series of lights that may be changed through electronic means.
A sign illuminated by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
Any sign that is completely or partially illuminated at any
time by an external light source that is so shielded as to not be
visible at eye level.
Any sign attached flat against, under, or above the marquee
of a building.
A permanently mounted sign displaying the bill of fare for
a drive-through or drive-in restaurant.
A detached sign where the width of the base of the sign is
a minimum of one-half (1/2) the width of the widest part of the sign
face. The materials of the base of a monument sign shall be one (1)
of the following: masonry, wood, anodized metal, stone or concrete.
A directly illuminated sign which is a free-formed surface
that creates words, numerals, figures, devices, designs, trademarks
or logos and for which the light source is luminescent gas.
A sign that on the effective date of this Chapter does not
conform to one (1) or more of the regulations set forth in this Chapter.
An off-site or on-site sign for a business or activity which
is no longer operated on the premises or in the City.
A sign which displays any message directing attention to
a business, product, service, profession, commodity, activity, event,
person, institution or any other commercial message, which is generally
conducted, sold, manufactured, produced, offered or occurs elsewhere
than on the premises where such sign is located.
A sign that is other than an off-site sign.
A sign near street or sidewalk level, oriented and scaled
to the pedestrian rather than the motorist.
A sign attached to a building or structure, or to the ground
in a manner that enables the sign to resist environmental loads, such
as wind, and that precludes ready removal or movement of the sign
and whose intended use appears to be indefinite.
A detached sign which is supported by one (1) or more poles,
uprights or braces in the ground.
A sign whose principal supporting structure is intended,
by design and construction, to be used by resting upon the ground
for support and may be easily moved or relocated for reuse.
A sign, generally known as outdoor advertising, mounted on
a permanent or semi-permanent structure and depicting information
not directly related to the property upon which it is placed. Except
where a specific distinction is drawn, the term "billboard" includes
"poster panel" and "digital billboard."
A sign identifying only a project or developer.
Any attached sign, including a time and/or temperature instrument
located on the face of the building, extending more than one (1) foot
from the face of the building.
A temporary sign indicating the availability for sale, rent
or lease of the specific lot, building or portion of a building upon
which the sign is posted.
Any sign erected, constructed and maintained upon the roof
or wholly or partially above a vertical wall of a building.
Any sign of a material such as cardboard, paper, pressed
wood, plastic or metal which is attached to a fence, window, tree,
utility pole or temporary structure or any sign which is not permanently
fastened to a building or firmly anchored to the ground.
A sign that by its nature or content is intended for posting
for a short period of time, is typically constructed from non-durable
materials such as paper, cardboard, cloth, plastic and/or wallboard,
is not permanently installed, and does not constitute a structure
subject to the City's Building Code or Zoning Code provisions.
Any sign attached to and erected parallel to and within one
(1) foot of the face or wall of a building, including signs painted
on the walls of buildings. Awnings which are backlighted shall be
considered wall signs.
A non-illuminated sign of a permanent nature applied directly
on either the interior or exterior surface of a building's glazed
surface including but not limited to windows and doors.
A sign displaying only time and/or temperature information
with no additional advertising or comments.
A window, storefront, or opening in the exterior wall of
any portion of a building through which merchandise, services, or
business are displayed or advertised.
[Ord. No. 1091 §§1 —
3(App. A §430.030), 9-24-2003; Ord. No. 1259 §3, 5-21-2008; Ord. No. 1456 § 2, 4-19-2017]
Other than lawful non-conforming signs, no signs shall be permitted in any district except in accordance with the provisions of this Chapter. Signs placed in the public right-of-way or on publicly owned land and which are not in compliance with the regulations of this Chapter are subject to removal by the City without notice or compensation. Signs placed on private property that are not in compliance with the regulations of this Chapter shall be removed by the property owner or the property owner's agent without notice or compensation. In addition, any sign that is not in compliance with the regulations of this Chapter is subject to the penalty provisions of Section 400.100. These provisions may be applied to the person or business placing such sign, business or organization advertised in such sign or the owner of the property or vehicle on which such sign is placed.
[Ord. No. 1091 §§1 —
3(App. A §430.040), 9-24-2003; Ord. No. 1456 § 3, 4-19-2017]
A.
Except as otherwise provided in this Chapter, no sign shall be installed, erected or set in place until a sign permit has been issued by the City in accordance with Section 103.040(C).
B.
Applications for sign permits shall be filed upon forms prescribed
by the City, accompanied by one (1) set of plans drawn to scale indicating
the sign size, location, method of illumination, content, colors,
materials of the sign and structure, and method of attachment.
C.
All signs are to be designed, fabricated and installed in a professional
manner by a qualified and City licensed sign professional, except
that temporary signs may also be installed by a business or property
owner.
D.
With the exception of temporary signs, all materials and finishes
are expected to be of high quality with an anticipated life span of
ten (10) years or more. All electrical signs must have a UL label.
[Ord. No. 1091 §§1 —
3(App. A §430.050), 9-24-2003; Ord. No. 1259 §4, 5-21-2008; Ord. No. 1456 § 4, 4-19-2017]
A.
Except for the provisions of Subsections (A), (B), (C) and (D) of Section 430.110 and Subsection (E) of Section 430.090 the following signs are excluded from regulation under this Chapter:
1.
Signs not exceeding four (4) square feet in area that are customarily
associated with residential use, limited to signs giving property
identification names or numbers, names of residents, signs on mailboxes
or newspaper tubes, signs posted on private property relating to private
parking or signs warning the public against trespassing or danger
from animals.
2.
Signs erected by or on behalf of or pursuant to the authorization
of a governmental body, including legal notices, identification and
informational signs and traffic, directional or regulatory signs.
3.
Official signs of a non-commercial nature erected by public
utility companies.
4.
Flags, pennants or insignia of any governmental body when not
displayed in connection with a commercial promotion or as an advertising
device and provided that not more than three (3) governmental flags,
pennants or insignia shall be displayed on any property.
5.
Integral decorative or architectural features of buildings or
works of art, so long as such features or works do not contain letters,
trademarks, moving parts or lights.
6.
Signs on or adjacent to doors of commercial or industrial buildings
displaying information such as the names and address of the occupant,
the hours of operation or instructions for deliveries. Such signs
shall not exceed four (4) square feet in area, shall not contain letters
exceeding six (6) inches in height. Where multiple tenants share the
same door, the sign may display the names and address of each tenant.
7.
Signs painted on or otherwise permanently attached to currently
licensed motor vehicles, which vehicles are operable and not primarily
used as signs.
8.
Signs at construction sites that are either:
a.
Posted at the entrance to the job site explaining rules for
contractors and others entering the site; or
b.
Signs posted on construction site or painted onto construction
trailers actively being used on the site, provided such signs are
limited to the name, logo, address and phone number of a contractor
working at the site. This provision is not intended to allow any signs
that advertise a particular project, developer, owner or other business,
nor is it intended to allow any sales, leasing or hiring information
to be displayed.
[Ord. No. 1091 §§1 —
3(App. A §430.060), 9-24-2003; Ord. No. 1142 §18, 12-8-2004; Ord. No. 1259 §5, 5-21-2008; Ord. No. 1303 §2, 9-23-2009; Ord. No. 1456 § 5, 4-19-2017]
A.
The following signs are prohibited except as stated below or as otherwise
specifically provided hereinafter:
1.
Outdoor advertising (such as poster panels, billboards and off-site
promotional signs), except where a special use permit has been obtained
for such sign.
2.
Attention-attracting devices.
3.
Snipe signs, portable signs, placards or poster board panels
leaning in windows, or similar signs that are not permanently affixed
to a building, structure or the ground, other than temporary signs
as specifically permitted by this Chapter.
4.
Directly illuminated signs, except when used with fixtures specifically
designed to illuminate signs or with marquee signs. All direct lighting
must be shielded and confined to the sign surface and must not be
a nuisance to neighboring properties.
5.
Electronic message signs, other than time and/or temperature
instruments or fuel pricing displays.
6.
Pole signs.
7.
Roof signs.
8.
Signs in the public right-of-way; except for governmental signs,
traffic signs, temporary signs as allowed in this Chapter and signs
specifically allowed in the right-of-way by the provisions of this
Chapter.
9.
Obsolete signs.
10.
Obscene Signs. "Obscene" is defined as any material that: (a)
whether the average person applying contemporary community standards
would find that the work, taken as a whole, appeals to the prurient
interest; (b) whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable
State law; and (c) whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
11.
Abandoned signs.
12.
Signs containing false or misleading advertising.
13.
Signs falsely stating that property is zoned for specified land
uses or signs stating that property will be zoned for specified land
uses in the future.
14.
Signs declaring that property is reserved for or is being held
for a future land use which is inconsistent with the then existing
zoning classification for the land.
[Ord. No. 1091 §§1 —
3(App. A §430.070), 9-24-2003; Ord. No. 1142 §19, 12-8-2004; Ord. No. 1259 §6, 5-21-2008; Ord. No. 1456 § 6, 4-19-2017]
A.
Churches, schools, libraries, community centers or other public/semi-public facilities shall be allowed two (2) wall signs with not more than one (1) on a facade. No such sign shall have an overall area exceeding thirty-two (32) square feet. In lieu of one (1) of the wall signs, one (1) monument sign shall be permitted. Such monument sign shall be located on the premises and not less than ten (10) feet from the street right-of-way and each sign face shall not exceed fifty (50) square feet in area. The height of such sign shall not exceed six (6) feet above the average grade or six (6) feet above the nearest adjacent street grade, whichever is greater; provided that for each two (2) foot setback from the street right-of-way in excess of ten (10) feet, an additional foot may be added to the height of the sign to a maximum of eight (8) feet. These institutions shall be exempt from the requirement of payment of fees as indicated in Section 103.040(C).
B.
One (1) construction site identification sign of good quality may
be permitted during the development of any project. Such sign may
identify the project, the owner or developer, future tenants, the
architects, engineers, realtors, contractors and subcontractors involved,
funding sources and may contain related information, including, but
not limited to, sale or leasing information. Such sign shall not exceed
six (6) feet in height or thirty-two (32) square feet per face with
a maximum of two (2) faces and shall be set back at least ten (10)
feet from the street right-of-way. All such signs shall be removed
prior to issuance of any certificate of occupancy, temporary or final,
for the last building in each phase of the project. Sign permits shall
not be required for such signs.
C.
One (1) directional sign shall be permitted at each entrance to a
building site, at key intersections within the site and at each entrance
to a drive-through facility. Ground-mounted signs shall not exceed
five (5) feet in height, shall not exceed four (4) square feet of
sign area per face and may be single- or double-faced. Wall-mounted
signs shall not exceed two (2) square feet of sign area and shall
be single-faced. Such signs may indicate entrances, exits, addresses,
direction of traffic flow and the location of loading docks, parking
areas, leasing offices, ATMs, delivery doors, drive-through lanes
and similar facilities. Up to twenty-five percent (25%) of the area
of the sign may be used to display the name or logo of the developer,
building or principal tenant. Sign permits shall not be required for
such signs.
D.
Substitution Of Messages. Subject to the land owner's consent,
a non-commercial message of any type may be substituted for any duly
permitted or allowed commercial message or any duly permitted or allowed
non-commercial message, provided that the sign or sign structure is
legal without consideration of message content. This substitution
of message 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 does not create a right to increase the total amount
of signage on a parcel or land use, nor does it affect the requirement
that a sign structure or mounting device be properly permitted. This
provision does not allow for the substitution of an off-site commercial
message in place of an on-site commercial message.
E.
Penalties. Violations of the provisions of this Section shall be
a civil infraction and punishable by a minimum fine of fifty dollars
($50.00) and up to five hundred dollars ($500.00). Each day of a continued
violation shall constitute a separate violation for the purposes of
applying the penalty provision of this Section.
F.
Severability. Severability is intended throughout and within the
provisions of this Chapter. If any Section, Subsection, sentence,
clause, phrase or portion of this Chapter is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this Chapter.
[Ord. No. 1091 §§1 —
3(App. A §430.080), 9-24-2003; Ord. No. 1259 §7, 5-21-2008; Ord. No. 1456 § 7, 4-19-2017]
A.
In lieu of any sign permitted under this Section, a structure being
used as a residential real estate sales or leasing office may be permitted
one (1) non-illuminated, detached sign. Such sign shall be not more
than twelve (12) square feet in area with a maximum height of six
(6) feet above grade and shall be set back a minimum of ten (10) feet
from the street right-of-way. Sign permits shall not be required for
such signs.
B.
In addition to construction site identification signs, each multi-family
project may have one (1) banner-type sign not exceeding fifty (50)
square feet. Such banners may be located only on the roof or walls
of the project clubhouse or on one (1) of the individual multi-family
buildings within the project. Said banner shall be in place for a
maximum time period of sixty (60) days from the issuance of the sign
permit and may not be renewed except that each complex may obtain
additional permits for the above described banners after a three-year
time period has passed from the issuance of previous sign permits
for a banner for the subject multi-family project. Any such banners
may only contain the words "now renting" or "now leasing" or "for
sale," along with the name of the complex, address or location, phone
numbers, development company or owner and directional symbols.
C.
Project identification signs for a subdivision or residential project
may be permitted at each entrance to the subdivision or project. All
project identification signs shall be monument signs and, except as
hereinafter provided, shall be located on the premises. Such signs
shall not exceed six (6) feet in height above the average grade and
the sign face shall not exceed fifty (50) square feet in area per
face. If not sitting within the landscaped setback, the sign base
shall be located within a curbed landscaped area extending a minimum
of three (3) feet on all sides of the sign base. Where a project is
situated on both sides of a public or private street, one (1) project
identification sign may be located on each side of the street or,
alternatively, one (1) project identification sign may be located
in a landscaped median with the approval of the Planning Commission.
Where a project identification sign is to be located in the public
right-of-way, plans shall be submitted to the Planning Commission
indicating the location, size and design of the project identification
sign as well as a copy of the bylaws or other documentation of the
association which will have permanent responsibility for maintenance
of the sign and required landscaping.
D.
Window signs covering no more than fifty percent (50%) of the glazing
on any facade of a building.
[Ord. No. 1091 §§1 —
3(App. A §430.090), 9-24-2003; Ord. No. 1142 §20, 12-8-2004; Ord. No. 1259 §8, 5-21-2008; Ord. No. 1456 § 8, 4-19-2017]
A.
To the extent that the residential land use is permitted in a commercial
or industrial district, signs for a residential land use shall be
permitted as in the applicable residential district.
B.
Districts "C-O" And "CP-O."
1.
In Districts "C-O" and "CP-O," wall signs are permitted on three
(3) facades. The total area of signs on each facade shall not exceed
five percent (5%) of the area of the wall upon which it is mounted.
2.
In lieu of one (1) of the wall signs, one (1) monument sign
for each building shall be permitted. Such sign shall not exceed six
(6) feet in height above the average grade and the sign face shall
not exceed fifty (50) square feet in area per face if located at least
ten (10) feet from the public street right-of-way or private street
curb line. For each additional two (2) foot setback from the public
street right-of-way or private street curb line over ten (10) feet,
one (1) additional foot may be added to the height of the sign to
a maximum of ten (10) feet. If not sitting within the landscaped setback,
the sign base shall be located within a curbed landscaped area extending
a minimum of three (3) feet on all sides of the sign base.
3.
Window signs covering no more than fifty percent (50%) of the
glazing on any facade of a building.
C.
Districts "C-1" And "CP-1."
1.
Each business or commercial establishment shall be permitted
not more than three (3) wall signs, not more than one (1) on each
business facade. The area of such sign shall not exceed five percent
(5%) of the total area of the business facade on which it is placed.
Alternatively, multi-story buildings may be permitted three (3) wall
signs per building, not more than one (1) sign per building facade,
as indicated above for Districts "C-O" and "CP-O." Such signs shall
not extend above the height of the wall upon which they are mounted.
In addition, one (1) non-illuminated wall sign, not more than nine
(9) square feet in area, may be placed at each major entrance to a
multi-tenant building.
2.
In lieu of one (1) wall sign, one (1) projecting sign of the
same area as the wall sign replaced shall be permitted, provided that
no projecting sign shall extend more than three (3) feet from the
face of the building. The lowest point of such sign must be a minimum
of seven (7) feet above the ground or sidewalk.
3.
Except in the case of a shopping center designed as one (1)
project and consisting of one (1) or several buildings, either attached
or freestanding, one (1) monument sign shall be permitted in lieu
of one (1) wall sign for each commercial building, which sign shall
conform to the height, size and setback requirements applicable to
monument signs in Districts "C-O" and "CP-O."
4.
In the case of a shopping center designed as one (1) project
and consisting of one (1) or several buildings, either attached or
freestanding, one (1) additional monument sign may be permitted identifying
the entire center. Such sign shall conform to the height, size and
setback requirements applicable to monument signs in Districts "C-O"
and "CP-O."
5.
For buildings with a non-retractable awning, canopy or covered
walkway along one (1) or more sides of the building, a sign may be
hung or mounted under the canopy or covered walkway identifying each
business with an exterior ground floor entrance. Such signs shall
be located at or near the business entrance, shall be oriented toward
pedestrians on the walkway and shall not exceed three (3) square feet
in sign area per face. One (1) sign shall be permitted per business
entry.
6.
Window signs covering no more than fifty percent (50%) of the
glazing on any facade of a building.
D.
Districts "C-2," "CP-2," "C-2B," "CP-2B" And Industrial Districts.
1.
Each business or commercial establishment shall be permitted
not more than three (3) wall signs, not more than one (1) on each
business facade, the area of which sign shall not exceed ten percent
(10%) of the total area of the facade upon which it is placed. Such
sign shall not extend above the height of the wall on which it is
mounted. In addition, one (1) non-illuminated wall sign, not more
than nine (9) square feet in area, may be placed at each major entrance
to a multi-tenant building. Alternatively, multi-story buildings may
be permitted three (3) wall signs per building, not more than one
(1) sign per building facade, as indicated above for Districts "C-O"
and "CP-O."
2.
In lieu of any or all of the wall signs, up to three (3) marquee
signs, not more than one (1) on each marquee facade, shall be permitted
for each establishment. Marquee signs may incorporate direct illumination
into their design.
3.
In lieu of one (1) of the attached signs, one (1) projecting
sign shall be permitted for each establishment, provided that the
area of such projecting sign shall not exceed ten percent (10%) of
the total area of the facade upon which it is attached and shall not
extend above the roof level of the building where the sign is located.
The lowest point of such sign must be a minimum of seven (7) feet
above the ground or sidewalk.
4.
Except in the case of a shopping center designed as one (1)
project and consisting of one (1) or several buildings, either attached
or freestanding, one (1) monument sign shall be permitted for each
commercial building in lieu of one (1) wall sign or projecting sign.
Such sign shall conform to the height, size and setback requirements
applicable to monument signs in Districts "C-O" and "CP-O."
5.
In the case of a shopping center designed as one (1) project
and consisting of one (1) or several buildings, either attached or
freestanding, one (1) additional monument sign may be permitted identifying
the entire center. A gasoline service station, designed as part of
the center, may also have a monument sign. All other signs in the
center shall consist of wall, projecting or marquee signs. The monument
sign shall conform to the height, size and setback requirements applicable
to monument signs in Districts "C-O" and "CP-O."
6.
Drive-through restaurants and car washes may have two (2) menu
boards located in conjunction with each drive-through lane. Such sign
shall not exceed eight (8) feet in height or thirty-two (32) square
feet of sign area per face. Drive-in restaurants or food service establishments
with walk-up service windows may have one (1) menu board per order
station. Menu boards for drive-in service shall not exceed eight (8)
square feet of sign area per face and menu boards for walk-up service
shall not exceed thirty-two (32) square feet of sign area per face.
All menu boards shall be oriented toward the location of the vehicle
or pedestrian being served and shall not contain lettering that exceeds
six (6) inches in height.
7.
For buildings with a non-retractable awning, canopy or covered
walkway along one (1) or more sides of the building, a sign may be
hung or mounted under the canopy or covered walkway identifying each
business with an exterior ground-floor entrance. Such signs shall
be located at or near the business entrance, shall be oriented toward
pedestrians on the walkway and shall not exceed three (3) square feet
in sign area per face. One (1) sign shall be permitted per business
entry.
8.
Window signs covering no more than fifty percent (50%) of the
glazing on any facade of a building.
E.
Districts "C-2A," "MS1" And "MS2."
1.
Each business or commercial establishment shall be permitted
three (3) wall signs, not more than one (1) on a facade, provided
that the area of each sign shall not exceed ten percent (10%) of the
total area of the facade upon which it is placed. Such signs shall
not extend above the height of the wall upon which they are mounted.
2.
In lieu of one (1) of the wall signs, one (1) projecting sign
shall be permitted for each establishment, provided that the area
of such projecting sign does not exceed ten percent (10%) of the total
area of the facade upon which it is attached or ten (10) square feet,
whichever is more, and does not extend above the roof level of the
building where the sign is located. The lowest point of such sign
must be a minimum of seven (7) feet above the ground or sidewalk.
3.
A combination of a wall sign and projecting sign shall also
be allowed, in which case the total area of both signs shall not exceed
ten percent (10%) of the total area of the facade upon which the signs
are attached. The projecting sign shall not be more than ten (10)
square feet.
4.
In lieu of any or all of the wall signs, up to three (3) marquee
signs, not more than one (1) on each marquee facade, shall be permitted
for each establishment. Marquee signs may incorporate direct illumination
into their design.
5.
Except in the case of a shopping center designed as one (1)
project and consisting of one (1) or several buildings, either attached
or freestanding, one (1) monument sign shall be permitted in lieu
of one (1) wall sign for each commercial building, which sign shall
conform to the height, size and setback requirements applicable to
monument signs in Districts "C-O" and "CP-O" and be subject to the
following restriction: The minimum distance from the right-of-way
line to the closest building or buildings on the portion of the property
where the sign is to be located must be equal to or greater than fifteen
(15) feet.
6.
In the case of a shopping center designed as one (1) project
and consisting of one (1) or several buildings, either attached or
freestanding, one (1) additional monument sign may be permitted identifying
the entire center. Such sign shall conform to the height, size and
setback requirements applicable to monument signs in Districts "C-O"
and "CP-O."
7.
In addition to the permitted wall signs, one (1) pedestrian
oriented sign per business entry shall be permitted to be placed beneath
a non-retractable awning and/or canopy that extends from the building.
Such sign shall be limited to three (3) square feet in area and may
be internally illuminated. The lowest point of such sign must be a
minimum of seven (7) feet above the ground or sidewalk. In lieu of
said pedestrian oriented sign, one (1) non-illuminated identification
sign, not more than three (3) square feet in area, may be placed on
the wall at each major entrance to the building. The highest point
of the sign may be no higher than seven (7) feet above the sidewalk.
8.
Project identification signs for a residential project may be
permitted at each entrance to the project. All project identification
signs shall be monument signs and, except as hereinafter provided,
shall be located on the premises. Such signs shall not exceed six
(6) feet in height above the average grade and the sign face shall
not exceed fifty (50) square feet in area per face. If not sitting
within the landscaped setback, the sign base shall be located within
a curbed landscaped area extending a minimum of three (3) feet on
all sides of the sign base. Where a project is situated on both sides
of a public or private street, one (1) project identification sign
may be located on each side of the street or, alternatively, one (1)
project identification sign may be located in a landscaped median
with the approval of the Planning Commission. Where a project identification
sign is to be located in the public right-of-way, plans shall be submitted
to the Planning Commission indicating the location, size and design
of the project identification sign as well as a copy of the bylaws
or other documentation of the association which will have permanent
responsibility for maintenance of the sign and required landscaping.
F.
Districts "C-1," "CP-1," "C-2," "CP-2," "C-2A," "C-2B," "CP-2B,"
"MS1" And "MS2." Where one (1) retail establishment (the "subtenant")
leases space and conducts business within another retail establishment
(the "primary tenant") but does not have an exterior business facade
and an exterior door leading directly to the subtenant space, one
(1) exterior wall sign may be permitted if all of the following conditions
are met:
1.
The subtenant's business establishment occupies at least
one hundred (100) square feet of floor area and is staffed and open
for business during predetermined hours.
2.
The primary tenant's business establishment occupies at
least twenty-five thousand (25,000) square feet of floor area.
3.
The subtenant's business is a separate legal entity from
the primary tenant's business, as opposed to a department, division
or subsidiary of the primary tenant's business. The application
may be required to include a copy of the lease agreement between the
subtenant and the primary tenant or other documentation acceptable
to the City Attorney to establish that the two (2) businesses are
separate legal entities.
4.
A private sign criteria for the building or shopping center
has been submitted to and approved by the Planning Commission which
specifically provides for subtenant signage, including standards for
the sign location, size, style, color and content. Such sign criteria
shall include scale drawings of the facades of all primary tenants
where subtenant signs are authorized showing the permitted locations
for subtenant signs.
5.
The total area for all signs on the same facade does not exceed
the allowable signage area for that district. The sign permit application
for a subtenant sign shall include a scale drawing of the primary
tenant's facade showing the location and size of the subtenant
sign and all other signage on that facade. The provisions of this
Section for subtenant signs shall not apply to businesses within an
enclosed shopping mall or to businesses that are conducted primarily
by automated machines.
G.
Neon signs or tubes shall only be allowed when they are placed inside
a building and only in Districts "C-1," "CP-1," "C-2," "CP-2," "C-2A,"
"MS1," "MS2," "MP" and "M-1." If such signs or tubes are within forty-eight
(48) inches of any window or door and visible from outside the building,
then such sign or tubing shall not occupy an area greater than ten
(10) square feet and only one (1) such neon sign area shall be allowed
per business; provided, however, that such signs under three (3) square
feet shall not be required to have a sign permit. All such neon signs
or tubes shall not blink, flash or otherwise be used to display intermittent
lighting sequences or to simulate motion. Permitted neon tubes or
signs shall be installed, wired and inspected in accordance with the
adopted building codes of the City of Mission. Neon signs shall not
be oriented towards residential areas.
H.
Any neon sign or tubes removed for other than repair shall not be
replaced with any other sign or surface which is not in compliance
with existing laws and requirements.
I.
In districts where automated teller machines (ATMs) are permitted,
up to three (3) signs are permitted, no more than one (1) per machine/canopy
face, identifying the ATM or the bank, financial institution or ATM
network associated with that machine. Such signs shall not exceed
eight (8) square feet in area. In addition, one (1) non-illuminated
sign is permitted per ATM to identify the types of ATM cards accepted
or special instructions to ATM users. Such sign shall not exceed four
(4) square feet in area, shall be mounted flush to the side of the
machine and shall not require a sign permit.
J.
Only the portion of an awning which is backlit and transparent shall
be considered a sign.
[Ord. No. 1091 §§1 —
3(App. A §430.100), 9-24-2003; Ord. No. 1456 § 9, 4-19-2017]
A.
In the case of signs permitted by the issuance of a special use permit,
all signs shall be approved by City Council after recommendation from
the Planning Commission, except where private sign criteria have been
previously approved for the project.
C.
Where appropriate, the sign regulations of the underlying zoning
district or the most analogous zoning district shall be followed.
[Ord. No. 1091 §§1 —
3(App. A §430.110), 9-24-2003; Ord. No. 1142 §21, 12-8-2004; Ord. No. 1259 §9, 5-21-2008; Ord. No. 1456 § 10, 4-19-2017]
A.
No sign may be located such that it substantially interferes with
the view necessary for motorists to proceed safely through intersections
or to enter onto or exit from public or private streets or driveways.
No detached sign shall be located in the sight distance triangle on
a corner lot.
B.
No sign may be erected such that by its location, color, size or
shape, it would tend to obstruct the view of or be confused with traffic
signals or other signs erected by governmental agencies.
C.
All signs shall be of sound structural quality, be maintained in
good repair and have a clean and neat appearance. Land adjacent to
such signs shall be kept free from debris, weeds and trash. If signs
are not being maintained as described and the City deems them a public
hazard or nuisance, such signs shall be ordered repaired or removed.
D.
No part of any sign shall be located closer than ten (10) feet from
any side or rear property line.
E.
Time and/or temperature instruments may be permitted provided they
are designed in harmony with the building and are architecturally
compatible.
F.
The dimensions of a backlighted sign, canopy or panel shall be measured
by constructing a rectangle from the highest, lowest and widest points
of such object, display or surface which displays a light source,
except that the opaque surfaces immediately related to or a part of
that same sign or panel shall also be calculated in the dimensions
of the sign. Provided further, in calculating the dimensions of a
continuous panel which spans at least eighty percent (80%) of any
one (1) facade of a single or common structure with multiple tenants,
the continuous opaque areas between, over and below the lighted areas
for such independent operations shall not be calculated to determine
the dimensions of the signs, canopies or panels.
G.
The dimensions of a sign shall be measured by constructing a rectangle
from the highest, lowest and widest points of such object, display
or surface.
[Ord. No. 1091 §§1 —
3(App. A §430.120), 9-24-2003; Ord. No. 1456 § 11, 4-19-2017]
All hotels and motor hotels and shopping centers, business parks,
office parks, industrial parks and "MXD" developments shall be required
to prepare a set of sign criteria governing all exterior signs in
the development to assure harmony and visual quality throughout the
development. As an alternative to the specific sign requirements of
any commercial or industrial district, the owner may seek approval
of an alternate set of sign criteria. Such criteria shall be binding
upon all subsequent purchasers or lessees within the development.
The size, colors, materials, styles of lettering, appearance of logos,
types of illumination and location of signs shall be set out in such
criteria. Final development plans shall not be approved until the
Planning Commission has approved the sign criteria. No sign permit
shall be issued for a sign that does not conform to the criteria.
For purposes of this Section, the terms "shopping centers, business
parks, office parks, industrial parks, or "MXD" developments" shall
mean a project of one (1) or more buildings that has been planned
as an integrated unit or cluster on property under unified control
or ownership at the time that zoning was approved by the City. The
sale, subdivision or other partition of the site after zoning approval
does not exempt the project or portions thereof from complying with
these regulations relative to the number of detached signs, harmony
and visual quality of signs to be installed. Where the ownership of
the development is divided among two (2) or more owners, proposed
amendments to the sign criteria must have written support from all
owners or be specifically designed to affect on the property owned
or represented by the applicant. Provided, however, that approved
sign criteria shall in no event include prohibited signs.
[Ord. No. 1480, 6-20-2018]
A.
Purpose.
The signs of historic significance regulations are intended:
1.
To provide for the preservation of the City of Mission's unique character,
history, and identity, as reflected in its historic and iconic signs;
2.
To preserve the sense of place that existed within the central business
district and in areas of the City with concentrations of surviving
historic signs;
3.
To protect the community from inappropriate reuse of non-conforming
and/or illegal signs while ensuring that the signs are safe and well
maintained;
4.
To allow the owner the flexibility to preserve historic and vintage
signs. This classification does not preclude owners from removing
these signs.
B.
Criteria
For Identification Of A Sign Of Historic Significance.
1.
To qualify for an application for identification as an historic sign,
the sign shall comply with the following criteria:
a.
The sign shall have been installed at least forty (40) years prior
to the date of application;
b.
The sign is structurally safe or can be made safe without substantially
altering its historical appearance;
c.
The sign retains the majority of its character-defining features
(materials, technologies, structure, colors, shapes, symbols, text
and/or art) that have historical significance, are integral to the
overall sign design, or convey historical or regional context; and
d.
The sign exemplifies the cultural, economic, and historic heritage
of the City.
2.
In addition, the following criteria may also be considered in the
application process:
a.
The sign is an example of technology, craftsmanship or design of
the period when it was constructed;
b.
The sign may, include, but is not limited to, a detached sign, pole
sign, a roof sign, a painted building sign, or a sign integral to
the building's design (fascia sign) or any other type of sign that
was permitted on the property at the time the sign was installed;
and
c.
The sign is unique, was originally associated with a local business
or local or regional chain, or it is a surviving example of a once
common sign type that is no longer common.
C.
Process
For Approval Of Signs Of Historic Significance.
1.
Application for approval of signs of historic significance may be
made by the property owner having control over a sign or may be initiated
by the City.
2.
Within sixty (60) days of submittal of an application, the Planning
Commission shall determine if the application is complete and if the
sign meets the applicable criteria for classification, and shall notify
the property owner, in writing, whether or not the sign is eligible
for classification as a sign of historic significance.
3.
If the Planning Commission determines that the sign is not eligible
for classification, the property owner may appeal the decision to
the City Council within thirty (30) days after such determination.
D.
Exemptions,
Restoration, Reuse.
1.
Signs classified as a sign of historic significance are exempt from
the sign regulations regarding type, height, area, and location as
set forth in the City Code.
2.
Signs of historic significance that are non-conforming as to type,
size, height, or location are exempt from the regulations governing
non-conforming signs and abandoned signs. However, changes to the
sign may not increase the non-conformity unless a variance is granted
by the Board of Zoning Appeals.
3.
A sign of historic significance that will be adaptively reused must
retain, repair, or restore the majority of the character-defining
features (e.g., materials, technologies, structure, colors, shapes,
symbols, text, and/or artwork) that have historical significance,
or are integral to the overall design of the sign, or convey historical
or regional context.
E.
Demolition
Of A Sign Of Historic Significance. Classification as a sign of historic
significance does not prevent the owner from demolishing the sign.
[Ord. No. 1091 §§1 —
3(App. A §430.140), 9-24-2003; Ord. No. 1259 §11, 5-21-2008; Ord. No. 1456 § 12, 4-19-2017[1]]
A.
If a building, structure or premise is vacated for a six-month period
of time, any off-site or on-site signs in connection therewith shall
be deemed obsolete and abandoned. The owner of said property shall
be responsible for removing any such signs with the exception of advertisements
dealing with the sale or leasing of the facility. In addition, the
owner shall be responsible for restoring the facade of the building,
structure or premise.
B.
If the time period set forth in Subsection (A) has elapsed and the sign or signs have not been removed, the City shall send written notification by certified mail, return receipt requested, to the property owner of record demanding that the sign shall be removed. If the sign has not been removed within thirty (30) days after the receipt of the notice, the City may have the sign removed and the cost assessed to the property owner.
C.
Where a sign has been removed by the City pursuant to Subsection (B), the City shall mail a statement of the cost of removal of said sign or signs to the last known address of the owner of record or person in charge of such property. If such costs are not paid within ten (10) days from the mailing of such notice, a record of the costs of abatement shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such sign or signs were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spread on the tax rolls of the County.
[1]
Editor’s Note: Ord. No. 1456 also changed the title
of this Section from “Removal Of Obsolete Signs” to “Removal
Of Obsolete Or Abandoned Signs.”
[Ord. No. 1259 §12, 5-21-2008; Ord. No. 1456 § 13, 4-19-2017]
A.
Purpose And Findings. The City of Mission is enacting this Section
to establish reasonable regulations for the posting of temporary signs
on public and private property. Temporary signs left completely unregulated
can become a threat to public safety as a traffic hazard and detriment
to property values as an aesthetic nuisance. By implementing these
regulations, the City intends to:
1.
Balance the rights of individuals to convey their messages through
temporary signs and the right of the public to be protected against
the unrestricted proliferation of signs;
2.
Further the objectives of the City's Comprehensive Plan;
3.
Protect the public health, safety and welfare;
4.
Reduce traffic and pedestrian hazards;
5.
Protect property values by minimizing the possible adverse effects
and visual blight caused by signs;
6.
Promote economic development; and
7.
Ensure the fair and consistent enforcement of the temporary
sign regulations specified in the following provisions.
B.
Temporary Signs Permitted In All Zones.
1.
Temporary signs may be posted on property in all zones of the
City, subject to the following requirements and those applicable provisions
stated elsewhere in the City's sign ordinance.
2.
Permits for temporary signs are not required in the "R-1," "R-2"
or "R-3" Districts.
3.
The total square footage for temporary signs in any district
per business or commercial establishment, in the aggregate, shall
not exceed forty-eight (48) square feet, with no individual sign exceeding
sixteen (16) square feet. The total square footage of a sign is measured
to include all of the visible display area of only one (1) side of
the sign and only the area of one (1) side of a double sign is included
in the aggregate calculation.
4.
Such signs shall not exceed six (6) feet in height.
5.
Such signs shall maintain a setback at least three (3) feet
from the property line.
6.
No temporary sign shall obstruct or impair access to a public
sidewalk, public or private street or driveway, traffic control sign,
bus stop, fire hydrant or any other type of street improvements or
otherwise create a hazard, including a tripping hazard.
7.
No temporary sign shall be illuminated or painted with a light-reflecting
paint.
8.
A temporary sign shall only be posted with the consent of the
property owner.
9.
Temporary signs may be posted for the following periods of time
not to exceed a total of ninety (90) days per calendar year.
C.
Authorization Required For Posting Temporary Signs In The Public
Rights-Of-Way. Temporary signs shall not be posted in the public rights-of-way
without obtaining a permit for such posting from the City and pursuant
to the City policy regarding the posting of signs in the public rights-of-way.
This restriction includes the posting of temporary signs on trees,
utility poles and other structures within the rights-of-way.
D.
Removal Or Replacement Of Temporary Signs.
1.
The person who has posted or directed the posting of a temporary
sign is responsible for the removal or replacement of that sign in
accordance with this Section.
2.
If that person does not remove or replace the temporary sign
in accordance with this Section, then the property owner or occupant
of the building lot where the sign is posted is responsible for the
sign's removal or replacement.
3.
If the City finds that any sign is posted in violation of these regulations on private property, then written notice shall be given to the person who has posted or directed the posting of the sign. If that person fails to remove or replace the sign so as to comply with the standards herein set forth within seventy-two (72) hours after such notice, an action may be commenced under Section 430.070(E).
4.
The City may immediately remove temporary signs posted on public property or rights-of-way in violation of this Section and commence an action under Section 430.070(E).
