§ 7-3. Special provisions.

It is unlawful for any person to own, operate, use, erect, benefit from, permit, or maintain any sign that is not in compliance with each of the applicable following special provisions:

(1)

Awning signs shall:

a.

Be constructed of material as required by the building code;

b.

Be included in the calculation of total wall sign area;

c.

Not extend above the roofline; and

d.

Be limited to single story buildings or to the first level only of multi-story buildings.

(2)

Banner signs shall:

a.

Be ground mounted such that it is set back at least twenty-five (25) feet;

b.

Be limited to only one (1) sign per each building for a special event, as defined in [subsection] 7-3(15). A building with street frontage in excess of three hundred (300) feet may have an additional banner sign to a maximum of two (2) banners on that street frontage;

c.

Not impede any door, window, exit, or pedestrian traffic on public or private walkways;

d.

Be maintained in good condition;

e.

Not be sagging, tattered, torn, dirty, or faded;

f.

Be removed from the property upon vacation of the building and/or business which is advertised by the sign;

g.

Not exceed seventy (70) square feet in area; and

h.

Not be installed upon a fence.

(3)

Canopy sign attached to a canopy which is attached to a building shall:

a.

Be included in the calculation of total wall sign area. Not exceed in length twenty-five (25) percent of the length of the wall to which the face of the canopy is parallel;

b.

Not project beyond the width of the canopy, nor above the top of the canopy;

c.

Not extend above or beyond the parallel face of the wall to which the canopy is attached;

d.

Not be more than one (1) per business;

e.

Not be used for off-premises advertising; and

f.

Have a bottom edge not less than nine (9) feet above the ground or pavement below.

(4)

Canopy signs on freestanding canopies or detached accessory island canopies shall

a.

Be included in the calculation of total wall sign area. Not exceed in length twenty-five (25) percent of the length of the wall to which the face of the canopy is parallel;

b.

Not project beyond the width or length of the canopy or above the canopy; and

c.

Not be less than nine (9) feet from the ground or pavement below.

(5)

Menu board signs shall:

a.

Be located behind the building line of the property;

b.

Be limited to no more than two (2) signs per drive-through lane;

c.

Have a sign envelope that does not exceed thirty-two (32) square feet in area; and

d.

Require a permit for each sign; however, the sign or signs shall not count towards the number of pole signs allowed on the property.

(6)

Electronic signs shall:

a.

Not exceed forty (40) square feet in area;

b.

Be located one hundred (100) feet or more from residentially zoned property;

c.

Be installed as a component of:

1.

A monument sign or multi-tenant sign that:

i.

Does not exceed seventy (70) square feet in area;

ii.

Is a maximum seven (7) feet in height; and

iii.

Is oriented perpendicular to the primary road; or

2.

A wall or canopy sign that:

i.

Complies with the dimensional limits set forth in subsection 7-3(14); and

ii.

Is limited to no more than one (1) image change per day.

For purposes of this subsection, the term wall sign does not include window, awning, or projecting sign.

d.

Comply with the following performance standards:

1.

Not display any illumination by flashing, intermittent or moving lights; not contain or display animated, moving video or scrolling elements; nor project a static image upon a stationary object;

2.

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

3.

A change of message must occur simultaneously on the entire sign face;

4.

Contain a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

5.

Will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

6.

Not have lamp(s) or lighting that is bright enough to interfere with the vision of a drive on an adjacent road; and

7.

The sign owner shall provide contact information for a person who is available at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within one (1) hour of a request by the director to a level acceptable for traffic safety.

It is an affirmative defense that legally installed electronic signs in existence at the time of the passage of this subsection may remain, but the electronic sign must be brought into compliance with the performance standards as described subsection 7-3(6)d within ninety (90) days of the passage of this subsection unless an earlier compliance deadline was established by an approved special sign case or zoning change.

(7)

Monument signs:

a.

One (1) monument sign is allowed for each platted lot or tract of land for the first three hundred (300) feet of street frontage. A platted lot exceeding three hundred (300) feet of street frontage may have an additional monument sign to a maximum of two (2) monument signs on that street frontage. Each side of the lot that abuts a public street shall be considered separately for this calculation. Such signs may be single or double faced.

b.

May be located within a designated landscape and setback area.

c.

Shall be a minimum of fifty (50) feet from any other pole sign or monument sign.

d.

Shall not exceed the following heights and areas:

1.

Maximum height: Seven (7) feet including base, measured to ground level at base, or nine (9) feet with performance-based enhancements as indicated in Item (7) f.

Exceptions:

i. For lots over three (3) acres or anchor tenants over twenty thousand (20,000) square feet: Twelve (12) feet or fifteen (15) feet with performance-based enhancements as indicated in Item (7) d.

ii. For lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183: Twenty (20) feet.

2.

Maximum area: Seventy (70) square feet of sign face or ninety (90) square feet with performance-based enhancements as indicated in Item (7) f.

Exceptions:

i. For lots over three (3) acres: One hundred (100) square feet of sign face or one hundred twenty-five (125) square feet with performance-based enhancements as indicated in Item (7) d.

ii. For lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183: One hundred fifty (150) square feet. The sign must be located adjacent to a highway.

e.

Structure shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of a metal "can" may be left exposed.

f.

Performance-based enhancements: Additional height and area may be granted by the Director if all of the following enhancements are included within the sign:

1.

Architectural materials, features and design matching building;

2.

External lighting, typically ground-mounted;

3.

Landscape ratio of 1:1 for ground area to sign area;

4.

Contrasting sign colors;

5.

Specific panel size for individual tenants; and

6.

Other design elements as identified in the sign design guidelines, adopted as Appendix A.

(8)

Multi-tenant directory sign shall:

a.

Be limited to one (1) monument sign in a unified business, commercial, or corporate location of less than five (5) acres; a unified business, commercial, or corporate location of more than five (5) acres shall be allowed an additional multi-tenant monument sign to a maximum of two (2) multi-tenant signs;

b.

Be in lieu of another pole or monument sign in the development;

c.

Have the same maximum height and area requirements as provided for monument signs, provided in section 7-3(7).

(9)

Pole signs shall:

a.

Be allowed only on lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183 in accordance with the requirements of this chapter;

b.

Not exceed the following heights and areas:

1.

Maximum height: thirty-five (35) feet, measured from the grade of the curb adjacent to the highway right-of-way. The sign must be located adjacent to a highway.

2.

Maximum area: one hundred fifty (150) square feet. The sign must be located adjacent to a highway;

c.

Provide a minimum of nine (9) feet clearance between the bottom edge of the structure and the grade below when installed over a parking or walking surface;

d.

Be set back with the leading edge of the sign at least twenty (20) feet from the right-of-way or comply with the setback requirements of this chapter or chapter 33A, whichever is the most restrictive;

e.

Be a minimum of fifty (50) feet from any other pole sign or monument sign; and

f.

Be limited to no more than one (1) pole sign, for each platted lot or tract of land abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183.

(10)

Vertical-banner signs shall be allowed only for a special event as provided in section 7-3(15) and shall:

a.

Not have an envelope that exceeds eight (8) feet vertically by thirty-five (35) inches horizontally with a sleeve at the top and bottom;

b.

Have the bottom edge of the banner no closer than eight and one-half (8½) feet from the surface below it;

c.

Be maintained in good condition; and

d.

Not be sagging, tattered, torn, dirty, or faded.

(11)

Projecting signs shall:

a.

Be limited to the location requirements of wall signs, and included in the calculation of total wall sign area;

b.

Not have an outer edge that extends more than nine (9) feet six (6) inches from the building face nor closer than one (1) foot from the back of the curb;

c.

Not have an inner edge that extends more than twenty-four (24) inches from the face of the building;

d.

Not have the sign frame nearer than twelve (12) inches to the face of the building unless the space between the building and the sign is completely enclosed;

e.

Have a maximum height of twelve (12) feet from the bottom of the sign to the top of the sign and in no case shall extend more than three (3) feet above the roofline; and

f.

Not have a bottom edge of the sign less than nine (9) feet above the ground or pavement below.

(12)

Flags and flagpoles.

a.

Maximum height: Thirty-five (35) feet. There is no maximum height for a flagpole displaying the flag of the United States.

b.

Maximum area: One hundred fifty (150) square feet. There is no maximum area for the flag of the United States.

c.

Placement: Roof mounted flags are prohibited. Flags shall not protrude over the right-of-way. Flagpoles shall be setback a minimum of fifteen (15) feet from back of street curb and edge of street pavement.

d.

Maximum number: Limited to three (3) flag poles per lot and three (3) flags per lot.

e.

Flag copy: Insignia of any governmental body or private organization or company, decorative displays for holidays and/or public demonstrations.

(13)

Real estate signs.

a.

Residential subdivision signs.

1.

A residential subdivision shall not have located in it more than one (1) residential subdivision sign with a maximum envelope surface of seventy (70) square feet at each side of each entry to the subdivision.

2.

Each residential subdivision sign shall have a minimum setback of fifteen (15) feet from the right-of-way.

3.

Residential subdivision signs shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision.

b.

Model homes.

1.

Each model home shall have no more than one (1) sign with a maximum envelope surface of thirty-two (32) square feet.

2.

Each model home sign shall be located on the premise on which the model home is located and shall not be located in a sight easement.

3.

Each model home sign shall be removed as soon as the model home is used for a residence.

(14)

Wall signs (including window, luminous gaseous tubing, awning, canopy and projecting signs):

a.

Shall not have the exposed face more than twelve (12) inches from the wall, canopy, mansard, marquee, or wall of the building. It is an affirmative defense to this subsection that the wall sign is an electric wall sign which projects not more than eighteen (18) inches from the wall;

b.

Shall not extend above or beyond the parallel face of the wall to which the sign is attached;

c.

All wall signs of any character, in aggregate area, shall not exceed twenty-five (25) percent of the area of the largest facade of the building or lease space. The area of vehicle bay doors shall be excluded from the calculation of the area of the largest facade; and

d.

Shall be limited to the walls of the tenant space or business that it advertises.

(15)

Special event signs: The purpose of special event permits is to allow a business two (2) times a year to benefit from special advertising signs which are not usually permitted by the provisions of chapter 7. A special event includes, but is not limited to, a grand opening for a new business or a business that has substantially remodeled. The special event sign permit is limited to the address noted on the certificate of occupancy. A business may apply for a fourteen-day special event sign permit two (2) times per year.

(16)

Directional signs shall:

a.

Comply with all the vehicular visibility requirements of this chapter;

b.

Not exceed five (5) square feet in area;

c.

Be limited to one (1) directional sign, per entrance, per a platted property. It is an affirmative defense to this requirement that a wall mounted or freestanding directional sign is intended for internal circulation only and which is not legible from a public or private street;

d.

Not list goods or services for sale;

e.

Not exceed a height of two and one-half (2½) feet from the ground or top of the curb, whichever provides the greatest visibility, to the top of the sign; and

f.

Meet a minimum setback requirement of five (5) feet from the public right-of-way.

(17)

Mural signs:

a.

Shall be limited to one (1) exterior wall surface per building;

b.

Shall not be used to advertise services or products available for sale or consumption;

c.

Shall require a permit and approval from the director prior to installation; and

d.

Should the mural become faded, peeled and/or severely weathered, the owner or person or firm maintaining the same shall, upon written notice from the director, repair and/or repaint the mural within sixty (60) days.

(18)

Subdivision identification signs shall:

a.

Have a maximum envelope surface of seventy (70) square feet.

b.

Be constructed as a monument sign in accordance with subsection (7) or shall be constructed as an integral panel of a legally installed solid masonry fence.

c.

Be located a maximum distance of fifty (50) feet from a street intersection.

(19)

Luminous gaseous tubing sign that is visible from a public right-of-way:

a.

Shall not flash, blink or maintain movement;

b.

Shall not exceed twenty-five (25) percent of the area of an window; and

c.

Shall be considered a wall sign for the purpose of calculating the twenty-five (25) percent area limitation in section 7-3(14).

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2009-9059, § 2, 4-9-09; Ord. No. 2010-9216, §§ 3—8, 10-22-10; Ord. No. 2010-9228, § 3, 12-9-10)