§ 18.3. General provisions

3.1. No sign shall be erected or maintained in any residential zoning district except those established and maintained by the city, county, state, or federal governments, which are permitted in any use district, and those signs used strictly for identification or for advertising land or buildings for rent, lease and/or for sale, when located on the land or buildings intended to be rented, leased or sold.

3.2. Only those signs maintained by the city, county, state, or federal governments may be located in, project into or overhang a public right-of-way or dedicated public easement. No permits shall be issued by the building and safety engineering division for any nongovernment sign that will project over or into public right-of-way or dedicated public easements until a review by the city engineer is conducted and approval granted by the director of the department of public works and services or his/her designee.

3.3. No temporary sign consisting of a display sign, banner, or other advertising device constructed of cloth, canvas, fabric, plastic, or other light temporary materials, with or without a structural frame, shall be erected onto the facade of any non-residential commercial structure.

3.4. Background area. In computing this area in square feet, the standard mathematical formulas shall apply (see Illustration C at end of article).

3.5. Every sign permitted in this appendix shall be kept in good condition as to repair and maintenance, as determined by the building and safety engineering division.

3.6. Zoning appendix. Unless otherwise specifically outlined in the ordinance, all signs and outdoor display structures shall conform to the provisions of the this appendix as it relates to structures in report to height, setbacks and location. For purposes of determining setback, the area shall be measured from that portion of the sign that is the closet to the property line.

3.7. Unsafe and unlawful signs.

a. All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the city. In event of conflict between this Code and other laws, the most restrictive shall govern.

b. All signs shall be so placed as to not interfere with visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or pedestrian movement on any public sidewalk or safety path.

c. No sign shall be erected, relocated, or maintained so as to obstruct fire fighting or prevent free access to any door, window, or fire escape.

d. When any sign becomes insecure, in danger of falling or otherwise unsafe or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this appendix, the owner thereof or the person or firm maintaining same, shall on written notice from the building and safety engineering division, forthwith in the case of immediate danger and in any case within not more than ten days, make such sign conform to the provisions of this appendix, or shall remove it.

e. In situations when an improper placed sign is obstructing the point of ingress to or egress from a building or structure, the building and safety engineering division shall notify the owner or lessee of the building or structure, or the contractor, whoever shall be deemed responsible by registered or certified mail, informing them of the hazardous nature of such sign and such hazard shall be corrected within ten days after the receipt of the notification.

f. In situations where the placement and/or location of any sign that presents a danger to pedestrians or vehicular traffic, the chief of police or his/her designee shall notify the owner thereof, lessee or person having charge of the sign to cause the immediate relocation of the sign so as to alleviate the danger to the public.

3.8. Temporary and emergency safeguards. When there is a danger of actual and immediate collapse or failure of a sign or display structure or any part thereof which could endanger life, the building and safety engineering division shall remove such sign or display structure, whether or not the legal procedure herein described has been instituted. Costs incurred in the performance of such emergency work shall be paid by the municipality and the legal authority of the municipality shall institute appropriate action against the owner of the premises where the unsafe sign or display structure was located for the recovery of such costs. The owner of the premises shall be liable to the municipality for the full costs of such work.

3.9. Enlarging, reduction, or relocating signs. No sign shall be enlarged, reduced in size, or relocated except in conformity to the provisions of this appendix nor until a proper permit has been secured. The changing of movable parts of an approved sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed an alteration provided the conditions of the original approval and the requirements of the original approval and the requirements of this appendix are not violated.

3.10. Signs not requiring permits. No erection permit shall be required for signs enumerated as follows by this paragraph. Such exemptions, however, shall not be construed to relieve the owner of the sign from responsibility for its proper location, erection, and maintenance.

a. Small signs: Any sign which is not more than one square foot in copy area.

b. Sale or rent: Real estate signs advertising premises for sale, rent or lease, when not more than six square feet in area for a single dwelling or building or vacant land. Permission to located subject sign shall be obtained from the owner or occupant of property on which the sign is located Failure to comply with this condition shall be cause for immediate removal of such sign.

c. Street signs: Signs erected by the city, county, state or federal government for street direction or traffic control.

d. Noncommercial signs: Signs containing noncommercial messages which do not exceed six square feet in area.

e. Interior building signs: Signs located within the inside surface of a window of a building.

(Ord. No. 2169, § 1, 2-11-04)