All externally located signs visible from the public right-of-way must be located and constructed in accordance with the following parameters with respect to the location of signs out of the public right-of-way, the maximum height of the signs, area of signs, clearance required for signs, allowed location of signs, allowed sign illumination, exemptions allowed by a Conditional Use Permit, types of a signs, sign permit fees, and sign permit requirements.
(A) Clear View of Intersecting Streets: No sign may be placed or constructed so that any portion thereof is placed or projects into any public right-of-way. For the purpose of ensuring reasonable visibility and safety this ordinance shall prohibit the placement of signs within the sight triangle. The sight triangle applies to corner lots on intersecting City streets. The sight triangle is defined as follows: The triangle of land formed on any corner lot by drawing two (2) lines, starting at the same afore mentioned corner point heading away from each other along the lot lines, right-of-way lines, or prescribed right-of-way lines (whichever is applicable), a distance of thirty (30) feet and then 2 connected by a diagonal line along the endpoints of the two (2) drawn lines forming a triangle.
(B) The maximum height: Unless further restricted in this Sign Code, the maximum height of any free-standing sign shall be twenty-four (24) feet from ground level to the top of the sign. On lots where a 24 foot free standing sign is allowed and the building height is greater than 24 feet, the maximum height of a free standing sign may be reviewed under a Conditional Use Permit for a taller free standing sign not to exceed the building height.
(C) Use and Placement: Section 8-7-4 is intended to set forth various types of signs, and the respective zones in which such signs shall be allowed.
(D) Permits and Fees
(1) Permits Required. Except as otherwise provided in this Code, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in this City, or cause the same to be done, without first obtaining a sign permit. A permit shall not be required for a change of copy of any sign, or for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accordance with this Code, provided that the sign or sign structure is not altered in any way.
(2) Permission to Install. No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner or authorized representative of the owner.
(3) Sign Not Regulated By the Code. An application for any sign or advertising display or structure for which no specific regulation in this Ordinance is applicable shall be considered by the Planning and Zoning Commission under the Conditional Use Permit procedure as outlined in the Planning and Zoning Ordinance, and such application shall be approved or denied in harmony with the intent of these regulations.
(4) Permit Fee. An application fee shall be paid in accordance with the current fee schedule maintained by the City Clerk, as approved by the City Council.
(E) Public Availability of Code: There shall hereafter be kept on file, in the offices of the City Clerk and the Building Department, three (3) copies of this sign code, duly certified by the Clerk, for use and examination by the public.
(F) Penalties for Violation: Any person, firm or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor, and be subject to the following civil penalties or remedies:
(1) If a sign is placed in or projects into any public right-of-way, or has been deemed unsafe by the building department and/or city engineer it may be immediately removed by the City at the owner's, sign company's and/or responsible person's expense.
(2) If in violation of some other provision of this Ordinance, the City may cause a written notice to be given requiring that the violation be corrected within (14) days and if the owner, sign company and/or responsible person for the violation fails to comply, then the violator(s) shall be liable for civil penalties of up to $300. The City shall have the right to remove the sign at the violator's expense in addition to the aforementioned penalties for each day of violation.
(3) The City may seek injunctive relief through the courts for enforcement of the provisions of this Ordinance and in addition to the relief sought shall also be entitled to its attorney's fees and costs.
(G) Severability: The sections of this Ordinance are severable and the invalidity of a section shall not affect the validity of the remaining sections, which should be construed as closely as possible with the overall purpose and intent of this Ordinance in the event any portion hereof is deemed to be invalid.