§ 47-22.6. Detailed requirements governing signs.

A.

Not to interfere with public. Any sign or any item, device, seating arrangement, structure or any movable object shall not create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks.

B.

Avoidance of fire hazard. There shall be no weeds within a radius of ten (10) feet of any sign or advertising display or billboard, and no rubbish or debris shall be permitted so near thereto that the same shall constitute a fire hazard.

C.

Imprint of owner's name or maker's name. All signs shall be marked with the maker's name, registry number of permit and, for incandescent lamp signs, the number of lamp holders; and for electric discharge signs with an indication of the input amperes at full load and input voltage. All transformers shall be marked with the maker's name and the input rating in amperes or volt amperes, the input voltage, and the open circuit high tension voltage. All such markings for any sign or advertising display shall be visible for inspection after installation.

D.

Obstruction of doors, windows and fire escapes. No sign shall be attached to or placed against a building in such a manner as to prevent ingress or egress through any door or window, nor shall any sign obstruct or be attached to a fire escape.

E.

Posting or tacking notices and signs.

1.

No person shall paint, paste, print, nail or fasten in any manner whatsoever any sign, notice of any kind, on any curbstone, flagstone, pavement or any other portion or part of a sidewalk or street, or upon any trees, lamppost, parking meter post, telephone or telegraph pole, hydrant, traffic sign, fence, bridge, workshop or tool shed, or upon any structure within the boundaries of any streets within the city unless otherwise permitted hereunder. The posting or tacking of any banner, sign, or notice of any kind upon any private wall, window, door, gate, fence, electric light post, telephone pole or upon any other private structure or building, other than flags on flag poles, is hereby prohibited. Legal notices required by law to be so posted are hereby excepted.

2.

An exception to this prohibition is made for holiday decorations erected in accordance with the provisions of Section 47-22.7.A.4. No person shall cause any act prohibited under this Section 47-22.6 to be attempted or accomplished by any other person.

F.

Kept in good repair. All signs must be kept in good condition and a good state of repair and must further be well painted and neatly maintained. Any sign which becomes or has become at least fifty percent (50%) destroyed shall be deemed a public nuisance and shall be removed by the owner of the sign or the owner of the premises upon which the same is situated in accordance with the procedures outlined in subsection H.

G.

Vacated buildings.

1.

Any nonconforming sign shall be removed immediately upon a change of tenancy. All signs in conformance with this section shall be removed, altered or resurfaced not later than sixty (60) days after any tenancy ceases. In the event of noncompliance with the aforesaid terms and provisions, the city shall remove such signs at the expense of the property owner.

2.

Except as otherwise provided in this Section 47-22, any on premise sign which is located on property which becomes vacant and unoccupied for a period of at least three (3) months, or any sign which pertains to a time, event or purpose which is no longer imminent or pending shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of six (6) months. Abandoned signs are prohibited and shall be removed by the owner of the sign or the owner of the premises in accordance with the procedures outlined in subsection H.

H.

Removal of signs. The city reserves the right to remove any sign which is being maintained contrary to any of the terms and provisions of the Code, and any such sign or advertising display is hereby deemed a public nuisance. The building official shall give notice to the person owning such sign or advertising display and to the owner or lessee of the property upon which the same is located specifying the location of such sign or advertising display and the nature of the violation being committed by the maintenance or keeping of the same. Such notice shall also specify what is required in order to conform such sign to the requirements and provisions of this Code. Such notice shall further specify that in the event such sign is not conformed to the provisions of this Code, the city will take any and all action necessary in order to accomplish such result, all at the cost and expense of both the person owning such sign and the owner or lessee of the property upon which the same is situated. Notice shall be served by personal service or by certified mail, return receipt requested. Service by mail shall be deemed complete upon delivery. In the event that the address of the person to be notified is unknown or the certified mail is returned either unclaimed or refused, such notice may be served by posting the same on in a conspicuous place on the premises upon which the offending sign is located, in which event service shall be deemed complete as of the moment of posting. The person owning the offending sign and/or the owner or lessee of the property upon which the same is situated, within fifteen (15) days after the receipt or the posting of the aforementioned notice, whichever is applicable, shall take whatever action is necessary in order to remedy and cure the defects pointed out in the notice given by the building official. In the event of a sign which has been at least fifty percent (50%) destroyed, however, a new permit shall be secured before any remedial action is undertaken with regard to any such sign. If the owner of the offending sign and/or the owner or lessee of the property upon which the same is situated shall fail to remedy the defects pointed out in the notice given by the building official within the aforementioned fifteen (15) day period, the building official may cause such sign to be removed at the expense of both the owner of said and/or the owner or lessee of the property upon which the same is located, or the building official may effect repairs to such sign and/or the owner or lessee of the property upon which the same is located, or the building official may effect repairs to such sign in order to cause the same to conform to the terms and provisions of the Code, again at the expense of the person owning such sign and the owner and/or lessee of the property upon which the same is situated. Notwithstanding anything hereinabove to the contrary, the building official may forthwith remove any sign where the same is imminently dangerous to the general health, safety and welfare of the public or where the same poses an immediate threat thereto.

I.

Illuminated signs and other lighting effects.

1.

Illuminated and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard, and all illuminated signs or other lighting effects must be disconnected or turned off when hurricane warnings are in effect. Lighting, including neon tubing or other similar devices other than indirect lighting, may be used in sign design or to outline any building.

2.

Building outlining with neon tubing or other special lighting effects will be restricted to two (2) linear feet of neon tubing to each foot of street frontage. Display of neon tubing or other special lighting effects will be limited to the maximum of two (2) parallel lines of neon tubing. Neon tubing or other special lighting effects when used in sign design will be restricted to two (2) linear feet of neon tubing or the like for each foot of street frontage.

J.

Signs under power lines. Signs or advertising displays shall not be erected or maintained under, over or adjacent to any power lines unless the following clearances are met:

1.

Under six hundred (600) volts: Three (3) feet.

2.

Over six hundred (600) volts: Eight (8) feet.

K.

Special requirements for service stations. All lights and lighting upon or from a service station building or upon or from a service station sign shall be designed and arranged so as not to cause a direct glare into residentially zoned property.

L.

Lighting requirements.

1.

The provisions of this section shall apply to the erection, installation and construction of both on- and off-premise electric signs.

2.

All electric signs constructed, erected, altered, repaired or installed under the jurisdiction of the ULDR, all exterior stationary electric lighting or illumination systems or any interior lighting or illumination systems which may be viewed from a public street, highway or other public thoroughfare used by vehicular traffic, and any signs and lighting installations which may be viewed from a main thoroughfare or a freeway, shall be installed in conformance with the applicable provisions set forth herein.

3.

No person shall construct, establish or create, and no person shall maintain any stationary exterior lighting or illumination system or any interior system which may be viewed from a public street, highway or other public thoroughfare used by vehicular traffic, which contains or utilizes the following:

a.

Any exposed incandescent lamp with a wattage in excess of forty (40) watts when the same is located within fifteen (15) feet of a street.

b.

Any exposed incandescent lamp with an internal metallic reflector.

c.

Any exposed incandescent lamp with an external reflector.

d.

Any revolving beacon light.

M.

Special promotions.

1.

Upon payment of proper permit fees, special promotions may be conducted for a period of not more than thirty (30) days. Inflatables or banners may be used as special promotions. Special promotions signs will be permitted in show windows, in lieu of a banner or inflatable. For service stations, one (1) eighteen (18) inch by twenty-four (24) inch sign may be affixed to the top of each pump, in addition to a banner or inflatable. Special promotions displays shall be limited to one (1) per location per calendar year. Inflatables are not permitted on roof tops.

2.

Upon payment of proper permit fees, promotions of the "grand opening" type will be permitted at any place of a newly licensed business for a thirty (30) day period. Signs for such promotion must be securely anchored and may not exceed an aggregate total of five hundred (500) square feet. No whirligigs, streamers or sandwich signs will be permitted. Inflatables or banners may be used as "grand opening" type signs. However, inflatable or banner type signs shall not be permitted on rooftops.

(Ord. No. C-97-19, § 1(47-22.6), 6-18-97; Ord. No. C-18-05 , § 9, 3-6-18)