For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

Abandoned sign. Any sign which pertains to a time, event or purpose which has expired or is no longer valid; any sign which was erected for or by the owner, occupant or business on a property and is now unrelated to the present use of this property; any sign, except a real estate sign, which is located on property which becomes vacant and unoccupied for a period of 3 months or more.

Advertising matter. The placement on, anchoring of or suspension from any building, pole sign, sidewalk, parkway, driveway, lawn, area or parking area of any goods, wares, merchandise or other advertising object which is, but not limited to, light, inflatable objects, pennants or flags for the purpose of calling attention thereto.

Alteration. The changing of copy of any existing sign shall be deemed an alteration. The changing of movable parts of a sign which are designed for changing, the repainting of display matter or the repairing in place shall not be deemed to be alteration.

Awning. An architectural projection which provides weather protection, identity or decoration and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached which may be of fabric or other materials. An awning may be illuminated. Sign text and logos on awnings are included in the wall signage area, but only the area of the sign (not the entire awning area). An awning less than 24 inches in depth is not considered a functional awning and therefore is only considered a wall sign and all of the surface area of it is counted as sign area.

Balloon (inflatable advertising). A nonporous, flexible inflated device utilized to garner the attention of the general public or as general advertising.

Banner sign. A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind.

Billboard. A freestanding sign containing at least 128 square feet of face area and owned by a person who engages in the business of selling the advertising space on that sign.

Builder’s directional sign. A sign providing direction or instruction to guide persons to sites where new homes are under construction, usually off-premises.

Building official. The officer who, along with the code enforcement officer, is charged with the administration and enforcement of the sign ordinance.

Business sign. An on-site sign which directs attention to and/or is used to identify a business, profession, organization, institution, commodity, service, activity, entertainment or other nonresidential use conducted, sold or offered on the premises where the sign is located, or within the building to which the sign is affixed.

Canopy. A roof-like structure that shelters a drive lane for use, such as but not restricted to a gasoline pump island. A canopy is open on 2 or more sides and may be supported by either columns or by being attached to the building to which it is an accessory.

Changeable copy sign. A sign that is utilized year-round, but the copy is changed periodically, advertising different specials associated with retail sales.

Code enforcement officer. The officer who, along with the building official is charged with the administration and enforcement of the sign ordinance.

Construction sign. A temporary sign identifying individuals or companies involved in the design, construction, wrecking or improvement of the premises where work is under construction.

Damaged sign. A sign or substantial part of a sign is considered damaged if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location.

Decorative flag. A flag or banner that contains no name, initials, logos, insignia or similar items, used to attract attention. Colored flags only.

Development sign. A temporary on-site sign providing identification or information pertaining to residential or commercial development, including the builder, property owner, architect, contractor, engineer or mortgagee and/or project name.

Digital sign (non-motion). A sign, display, or device that changes its message or copy by programmable electronic or mechanical processes. The use of an electronic image on a digital display device does not include the use of flashing, intermittent, or moving light for the purposes of any rule or regulation. Digital Sign (motion). Any sign 1) illuminated by flashing, intermittent, or moving lights; (2) containing or displaying animation, moving video, or scrolling advertising; (3) consisting of a static image projected on a stationary object; or (4) a mobile sign located on a truck or trailer.

Dilapidated or deteriorated condition. Where the structural support or frame members are visibly bent, broken, dented, or deteriorated or contain torn sign copy materials and/or paint to the extent that a danger of injury to persons or property is created, or where the sign or the structure is not in compliance with the building code or ordinances adopted by the city.

Directional sign. Any sign, other than a highway marker, or any sign erected and maintained by a public authority, which is erected for the purpose of directing persons to a place, structure or activity not located on the same premises as the sign.

Directory sign. A sign listing the occupants of a building or group of buildings on the same parcel, and/or identifying the location of and providing directions to any establishment on the same parcel.

Electronic message center (EMC). Also known as a digital sign. A sign that uses computer-generated or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LDCs, or a flipper matrix.

Enclosed frame/changeable copy sign. See definition of changeable copy sign.

Erect. To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of the signs on the exterior surface of a building or structure.

Flag. A piece of cloth or fabric, usually rectangular in shape, of distinctive color and design, used as a symbol, a standard or signal to attract attention. Exemptions to this are patriotic flags, i.e., United States, state and city flags.

Flashing sign. An illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when the sign is illuminated. For the purpose of this article, any moving illuminated sign affected by intermittent lighting shall be deemed to be a flashing sign.

Framework. A support structure which meets all existing wind and load requirements as stated in the city’s ordinances, designed to secure a banner or an interchangeable copy on all sides.

Freestanding sign. A sign supported by structures or supports in or on the ground and independent of any support from any building or wall. It also includes any non-portable sign supported by a fence, retaining wall, or upright structural members or braces on or in the ground and not attached to a building. A freestanding sign can have messages on each side.

Gasoline pricing sign. An outdoor advertising display with changeable copy letters and numerals that displays the current price of fuel or gasoline for sale.

Height measurement. The height of any sign shall be measured vertically at 90 degrees from the ground at the base of the sign.

Illegal sign. Any sign erected or maintained in violation of this article.

Illuminated sign. A sign which has characters, letters, figures or designs illuminated by electric lights, luminous/neon tubes or other means that are specifically placed to draw attention to or provide nighttime viewing of the subject matter on the sign face.

Illumination, external. Lighting by means of an unshielded light source (including neon tubing and the like) which is effectively visible as an external part of the sign.

Illumination, internal. Lighting by means of a light which is within a sign having a translucent background, or silhouetting opaque letters or designs, or on which is letters or designs, which are themselves made of translucent material.

Incidental sign. A small sign, less than 2 square feet in surface area, of a noncommercial nature, intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephones and so forth. Also included in this group of signs are those designated to guide or direct pedestrians or vehicular traffic to an area or place on the premises of a business building by means of a directory designating names and addresses only.

Kiosk sign. A freestanding structure located in the city rights-of-way, which features a city logo identification panel at the top of each structure. The body of the kiosk sign contains individual panels which display directional information to homebuilders, subdivisions/developments, municipal or community facilities, community events, school district facilities, churches and businesses within the city limits. Also known as wayfinding signage.

Lighted sign. See definition of illuminated sign.

Logo. Any design or insignia of an organization, individual, company or product which is commonly used in advertising to identify that organization, individual, company or product.

Maintenance. All signs and support structures, together with all their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. No sign will be allowed to become frayed, discolored or torn.

Menu board. A sign displaying the menu for a drive-up window for a food establishment.

Message board sign. A sign composed of a matrix of individual bulbs or lights that are capable of displaying lights in a running or continuous fashion so as to provide transient pictures or information.

Monument sign. A permanent ground sign generally having a low profile with little or no open space between the ground and the sign.

Movable sign. See definition of portable sign.

Mural. A graphic displayed on the exterior of a building generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco or mosaic.

Nameplate. Nonilluminated wall signs, not over one square foot in area, displaying the name and profession of the occupant of the building.

New business sign. A sign for purpose of announcing the opening of a new business, including but not limited to signs announcing “Coming Soon” or “Now Open.”

Nonconforming sign. Any sign lawfully constructed which fails to conform to the provisions of this article.

Off-premises sign. A sign used or intended to be used to attract attention to activities, commodities, services or other endeavors not offered on the premises on which the sign is located.

On-premises sign. A sign which promotes or advertises activities, commodities, services or endeavors offered on the premises on which the sign is located.

Pennant, decorative. A wind device usually made of a lightweight plastic, fabric or other material, whether or not containing a message of any kind, usually triangular in shape and attached to a common cord. This definition also includes streamers attached to a common cord.

Pole sign. A freestanding sign supported by a pole or poles having no guys or braces to the ground or to any other structure.

Political sign. Any type of sign that refers to the issues or candidates involved in a political election, or that espouses a political cause or expresses a person’s or group’s viewpoint or opinion on an issue.

Portable (or movable) signs. Those signs that are not firmly attached to the ground, a building or other structure, and those that can be easily moved or carried about and reused numerous times at different locations; includes signs mounted on trailers and sandwich board signs.

Projecting sign. A sign that projects from a building or wall to which it is affixed, by more than 12 inches.

Pylon sign. See definition of pole sign.

Reader-board sign. A changeable copy sign, with strips attached to the face of the sign to hold removable display letters and numerals, for the purpose of identifying products sold or services provided by the related business tenant on the same premises.

Real estate land sale. A temporary sign announcing the sale of real estate on parcels in excess of one acre.

Real estate sign. A temporary sign pertaining to the sale, lease or rental of real property.

Residential construction. A temporary real estate sign announcing the construction of residential development.

Roof sign. A sign erected upon or above a roof or parapet of a building or structure.

Sign. Every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, affixed directly or indirectly to or upon any building, window, door or outdoor structure, calling attention to any object, product, service, place or activity.

Sign area. Calculation means the area of the sign to be computed by drawing a line or lines around the sign in such a way as to form a rectangle oriented horizontally. The sum square footage of these figures shall be considered as the total area of the sign face. A sign face may be single-sided or double-sided, as with a typical pole sign; however, to calculate the area of a multi-sided sign, the sum of all sides of the sign shall not exceed twice the area specified for the sign face.

Sign box. The rectangle used to calculate the sign area.

Snipe sign. A sign made of any material when the sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the use of the premises upon which the sign is located.

Temporary sign. Any sign constructed of cloth, canvas, plastic, light fabric, wallboard, or other material, with or without frames, intended to be displayed for a period of time not to exceed 30 consecutive days during a 90-day period.

Undeveloped property. A tract of land upon which no structure is located.

Vehicular sign. Any sign attached to a trailer, skid or similar mobile structure, where the primary use of the structure is to provide a base for the sign or constitute the sign itself.

Vertical banner. Any sign of a lightweight fabric or similar material that is mounted to a pole in a vertical fashion, secured at the top and bottom of the banner.

Wall area. The area of the wall from the finished floor elevation (or top of foundation) to the top of the parapet wall or to the bottom of the eave, whichever is highest. This wall area is as shown on the architectural elevation of the wall, including glass area and recessed wall areas.

Wall area, multi-story building. The sign wall area calculation for multi-story buildings shall be based upon the height of the first story (including any mezzanine level).

Wall, primary. The wall determined to be the primary signage wall, subject to its incorporating either the major entrance or the common street address.

Wall, secondary. The wall of a building is determined to be of secondary importance to the single business or establishment occupying the premises, and only facing onto a street, right-of-way or parking lot.

Wall sign.

1. A sign which is attached or affixed to the wall of a building, or is an integral part of the wall of a building, with the exposed face of the sign in a plane parallel to and not extending more than 12 inches from the wall. A wall sign shall not extend above the wall/parapet to which the sign is attached.
2. For the purpose of this section, awnings, canopy fascias and mansards extending along a building side shall be considered a part of the wall. The roof (including mansard and fake mansard roofs) and roof area are not included in the wall area.

Window sign. A permanent sign or mural attached to, placed upon, or painted on the window or door of a building which is intended for public viewing from the exterior of the building requires a permit approved by the Building Official Office. This permit will have no fee.

1. Temporary window signs being used to advertise an event that do not exceed 11” x 14,” and are not permanently affixed to the window do not require a permit.

(Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.08; Ordinance 2020.10.12A, sec. 2, adopted 10/12/20)

1. Any person, firm, corporation or agent who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof in municipal court, shall be fined an amount not less than $25.00 nor more than $200.00. Each day that a violation is permitted to exist shall constitute a separate offense.
2. The judge of the municipal court may order the violation to be abated within a reasonable length of time, not to exceed 30 days.
3. If the owner or the occupant of the premises fails and refuses to comply with the order to abate the violation, the code enforcement officer may enter upon the property and remove the sign from the premises.
4. The property owner or occupant shall be billed for the cost of sign removal. Failure to reimburse the city for costs of removing damaged signs shall result in the filing of a lien against the property to secure payment thereof.

(Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.99)

Editor’s note–Former section 3.10.003 pertaining to the objectives was repealed and deleted in its entirety by Ordinance 2020.10.12A, sec. 3, adopted 10/12/20. Prior to the deletion, this section derived from the following: Ordinance 299-C adopted 1/13/04l; Ordinance 525 adopted 12/9/13 and the 2007 Code, sec. 153.99

1. Permit required. No person or business firm shall erect any sign or sign structure until a sign permit for the work has been issued by the Building Official Office to a contractor or the owner or occupant of the premises where the work is to be done.
   1. Temporary Signs in B-3, B-2, B-1, on the downtown square, and immediately surrounding the Historical Overlay District must have a permit for any temporary signs. There will be no permit fee for these requests.
2. Contents of sign. All signs shall pertain only to the identification of the occupant/business/name, primary uses and/or services provided or primary products sold on the premises, except for government or community service signs as provided.
3. Compliance with other regulations. All signs shall meet the requirements of all applicable codes and ordinances pertaining to sign construction of the city. All signs located on state or federal highways shall conform to state and federal regulations.
4. Alteration of message. Except as herein provided, no person or business firm, acting either as principal or agent, shall alter the copy face or lettering of any sign (except for signs with temporary messages made from interchangeable characters attached to tracks or grooves on the sign board), either by changing the message or by renovating an existing message.
5. Reserved.
6. Projecting over property line. No sign, sign structure or sign support shall project over any property line.
7. Prohibited supports. Trees, rocks, bridges, fences, utility poles, windmill towers and dilapidated buildings shall not be used as sign supports.
8. Street address signs. All building locations shall be identified by a street address sign that is clearly visible from the street.
9. Flashing, blinking or traveling lights. All these signs must comply with state regulations. The maximum brightness of signs with flashing, blinking or traveling lights shall not exceed .3 (three tenths) footcandles over ambient light levels when measured according to the following procedures. The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color capable EMC, or a solid message for a single-color EMC. All measurements shall be taken perpendicular to the face of the EMC in keeping with the distance requirements of the following table. Certification of the calibration must be presented to the city at the time of the initial installation. On an annual basis, the city may require certification that the unit has been calibrated to conform to the requirements of this section.
   
   

   Area of Sign (sq. ft.)	Distance Required (ft.)	Area of Sign (sq. ft.)	Distance Required (ft.)
   10	32	85	92
   15	39	90	95
   20	45	95	97
   25	50	100	100
   30	55	110	105
   35	59	120	110
   40	63	130	114
   45	67	140	118
   50	71	150	122
   55	74	160	126
   60	77	170	130
   65	81	180	134
   70	84	190	138
   75	87	200	141
   80	89

   Note: For signs of other sizes than those listed above the following formula may be used to calculate the distance required: Distance - Square root of (the area of the sign X 100).
10. Attachment of portable signs. In the event a portable sign is used as a freestanding sign in the R-3, B-1, B-2, B-3 or I districts, the sign shall be securely attached to the ground to prevent movement by wind or other means.
11. Flags. Flags of any nation, state or political subdivision or one flag which shows an emblem or logo of a firm or corporation will be permitted, provided all other regulations are met. Businesses may have up to 3 permanent flagpoles on their property. Flagpoles shall not be higher than 35 feet in height, as measured from the ground at the base of the pole to the top.
12. Digital sign standards.
    1. The display or message may not change more frequently than once every eight seconds, with a transition period of one second or less.
    2. No flashing, dimming or brightening of message is permitted except to accommodate changes of message.
    3. An ambient light monitor shall be installed which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions and the brightness levels allowed under this article.
    4. The maximum brightness shall comply with the standards set forth in subsection (i) above.

(Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.02; Ordinance 2020.10.12A, sec. 4, adopted 10/12/20)

1. Construction materials; design approval. Monument signs and pole signs will have base planters constructed of rock, stone or masonry products. Design approval must be obtained from the building official prior to construction. Monument signs may not exceed 6 feet in height. Pole construction will be used for signs higher than six feet.
2. Signs in the historic district. Signs in the historic district are exempted from the requirements of this section. Design and construction standards for signs in the historic district shall comply with section 3.10.047 of this article.

(Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.03; Ordinance 2020.10.12A, sec. 5, adopted 10/12/20)

Landscaping must be provided for all new freestanding signs. Landscape design approval must be obtained from the building official prior to installation. (Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.04; Ordinance 2020.03.17D, sec. 4(a), adopted 3/17/20)

The following signs shall be prohibited in all districts:

1. Any signs and supports, other than those required by a governmental authority, that are located on the public right-of-way, including public streets, alleys, and parkways. This section shall not apply to signs on commercial vehicles or commercial trailers lawfully operated or parked in those areas, except that this exception shall not otherwise be used to legitimize the use of advertising vehicles and trailers prohibited in section 3.10.008. Any sign and supports located on the public right-of-way or easements, including public streets, alleys, and parkways, may be immediately removed by the code enforcement officer or other authorized city employee without notice.
2. Twirling signs, digital signs (motion), sidewalk or curb signs, and pole signs;
3. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign, signal or device;
4. Any sign which emits sound or odor that is offensive in nature or visible in a manner that serves as a distraction to persons within the public right-of-way; and
5. Abandoned and/or damaged signs are prohibited and shall be removed by the property owner. Notice of a violation shall be issued by the code enforcement officer or other designated city representative in accordance with the notice requirements in section 3.10.112.

No person shall park a vehicle or trailer outfitted for advertising, other than side-door panel business advertising, on a public right-of-way. (Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.06)

Any sign already in place at the time this article is adopted will be exempt from these regulations until the time that the sign falls into disrepair, is destroyed, is remodeled by as much as 50%, or is replaced. In this context, remodeling shall not include approved repainting or resurfacing. At the time the sign is replaced, the replacement sign must conform to these regulations. (Ordinance 299-C adopted 1/13/04; Ordinance 525 adopted 12/9/13; 2007 Code, sec. 153.07)