§ 20.18.400. General.

A.

Freestanding signs (pole signs and monument signs), shall comply with the following requirements in addition to specific requirements of the zoning district in which the sign is located, provided that the most restrictive regulation shall apply:

1.

Where permitted, either pole signs or monument signs, in accordance with this chapter, shall be permitted at a premise, but not both;

2.

Signs shall be located at least fifteen feet measured from the curbline and shall be contained entirely within private property lines, with no encroachment over public rights-of-way;

3.

Spacing from other signs: at least fifty feet from any pole or monument sign; except that a property owner may not be denied a permit for an on-premises sign solely because the sign cannot be placed to have fifty feet between it and a freestanding sign on adjacent property;

4.

Spacing from billboards: at least fifty feet from any billboard located on the same property; except that a property owner may not be denied a permit for an on-premises sign solely because the sign cannot be placed to have fifty feet between it and a freestanding sign on adjacent property;

5.

A minimum street frontage of twenty feet is required to permit a freestanding sign;

6.

Signs shall be located a minimum of thirty feet from any residential district or apartment zoning districts;

7.

If the base of a sign is located within fifty feet of a residential or apartment zoning district, monument or pole sign area shall not exceed forty square feet;

8.

If the total sign area of a monument sign is eighty square feet or less, the sign structure width cannot exceed three times the height of the sign. The sign structure width for all other monument signs shall not be greater than the height of that sign.

9.

A changeable electronic variable message sign is permitted on a primary monument sign or a primary pole sign in a C-1, C-2, C-3, C-4, M-1, M-2 and M-3 zoning district on a minor arterial, major arterial or higher category arterial subject to the following conditions:

a.

Changeable electronic variable message signs shall be in conformance with the maximum sign area requirements of Section 20.18.400.

b.

A maximum of one primary sign per premise may contain a changeable electronic variable message sign. For purposes of this section, primary sign is the sign belonging to the major or primary tenant of the commercial development. For a shopping center, the changeable electronic variable message sign shall be located on the shopping center primary monument sign only.

c.

Only one changeable electronic variable message sign is permitted on each side of the primary sign with a maximum of two changeable electronic variable message signs on the primary sign.

d.

Except for scrolling, rolling and animated messages, each message on a changeable electronic variable message sign shall be displayed for at least eight seconds and a change of message shall be accomplished within one second.

e.

Except for scrolling rolling and animated messages, change of message on a changeable electronic variable message sign shall occur simultaneously on the entire sign face.

f.

Changeable electronic variable message signs shall not contain flashing lights as part of the display. Scrolling letters are permitted, provided that they do not exceed two lines. Animated messages are allowed, provided that the image is displayed for five seconds and if the image is changed, the change of the image is accomplished within one second.

g.

Changeable electronic variable message signs may be located on either side of the roadway; however, each sign must only be visible from one direction of travel.

h.

A changeable electronic variable message sign must be located at least one hundred fifty feet from the property line of any adjacent residential or apartment use.

i.

A changeable electronic variable message sign is not permitted if the lot or premises has a changeable electronic variable message billboard.

j.

A changeable electronic variable message sign shall not be used to display commercial messages relating to products or services that are not offered on the premises. However, the sign may display any variety or combination of non-commercial messages, including but not limited to public interest items not taking place on premises such as events for schools, amber alerts, and religious institutions.

k.

A changeable electronic variable message sign shall have an automatic dimmer control to produce distinct illumination change from a higher illumination level to a lower level meeting the above illumination standards for the time period between one half-hour before sunset and one half-hour after sunrise.

l.

Owner responsibilities.

1)

The sign owner shall provide on the sign permit contact information for a person who is available to be contacted at any time and who is able to turn off the changeable electronic variable message sign promptly after a malfunction occurs.

2)

If the development services department finds that a changeable electronic variable message has malfunctioned, the owner of the sign, within 24 hours of a written notification by the department, shall correct the malfunction or power off the sign.

3)

Changeable electronic variable message signs shall display on the sign, the permit number issued by the city for the sign.

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m.

Maximum total sign area for signs with a changeable electronic variable message sign:

	0—29.9%	30—34.9%	35—39.9%	40—44.9%	45—50%
Primary Pole Sign and Primary Monument Sign—Freeway
All	180	160	150	140	120
Primary Pole Sign and Primary Monument Sign—Arterial
All	135	120	112	105	90
Shopping Center Primary Monument Sign—Freeway
5 acres and up	405	360	337	315	270
>5 acres	315	280	262	245	210
Shopping Center Primary Monument Sign—Arterial
1 acre and up	225	200	187	175	150
>1 acre	180	160	150	140	120

 

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10.

Changeable electronic variable message signs prior to the enactment of this ordinance. An on-premises changeable electronic variable message sign meeting the criteria below is specifically authorized by city council and specifically exempted from the provisions of this section and shall be treated as though the sign is legal nonconforming and is subject to the provisions applicable to legal nonconforming signs.

a.

A city application was submitted for the sign and the sign was constructed or will be constructed in conformance with the application submitted; and

b.

A city permit was issued for the sign if constructed;

c.

The burden is on the sign owner to prove all of the above requirements have been met.

11.

A static changeable electronic price sign is permitted on a primary monument sign or primary pole sign in a C-1, C-2, C-3, C-4, M-1, M-2 and M-3 zoning district on a minor arterial, major arterial or higher category arterial subject to the following conditions:

a.

Each price digit may not exceed eighteen inches in either height or width unless the parcel is adjacent to Interstate Highway 10, U.S. Highway 54, Joe Battle Blvd. or Americas Ave. where forty-eight inch maximum height and width digits are allowed; and

b.

Characters for the product being sold shall not exceed the size of the associated price digit and shall also remain static; and

c.

Each separate visual image shall remain in place for a minimum of thirty seconds.

B.

Exceptions for Sign Standards Due to Unique Circumstances.

1.

Where topography, the unique characteristics of a particular lot (i.e. road alignment, curvature of the road, utility structures), or where the location or relationship of the lot to surrounding properties are such that the signage permitted on the property is not adequate the Director of the City Development Department or designee may vary the limitations as to height, size, or both for proposed signs up to twenty percent of the standards in commercial (C-1, C-2, C-3, C-4), mixed use (C-OP, C-1, P-C, P-I, R-MU, G-MU and I- MU), or apartment zone (A-I, A-2, A-3, A-4, A-M, PR-I, PR-II, SRR, A-0, A-3/0 and S-D), except that variances shall not be granted for obstructions from any other off-premise or on-premise signs.

2.

Procedure Requirements: Applicants seeking an exception for sign standards shall provide the following information:

a.

Completed sign application and fee receipt.

b.

Written request with justification for exception request.

c.

Site and aerial photos documenting the unique characteristics of the lot requiring the request for this exception.

d.

A three dimensional rendering of both the permitted and proposed signs from ground level from both directions of the abutting right(s)-of-way.

3.

In cases where the property owner disagrees with the determination of the Director of the city development department or designee. the decision may be appealed to the city plan commission.

4.

Only four signs will be granted an exception at any time on any lot or shopping center.

(Ord. 17001 §§ 3, 4, 2008; Ord. 16761 § 1 (Exh. A) (part), 2007)

(Ord. 17013, §§ 3, 4, 10-14-2008; Ord. 17185, § 8, 9-1-2009; Ord. No. 17585, § 4, 6-14-2011; Ord. No. 17686, § 2, 12-6-2011; Ord. No. 18245, § 3, 9-16-2014; Ord. No. 18389, § 1, 7-21-2015; Ord. No. 18698 , § 1, 6-27-2017)