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HomeMy WebLinkAbout2014-12-22 PACKET 06.4.Chapter 8 1 SIGNS 2 9-8-1: PURPOSE AND INTENT: 3 9-8-2: DEFINITIONS: 4 9-8-3: PERMITS: 5 9-8-4: GENERAL PROVISIONS: 6 9-8-5: SIGNS IN RESIDENTIAL AND AGRICULTURAL DISTRICTS: 7 9-8-6: SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS: 8 9-8-7: LEGAL NONCONFORMING SIGNS: 9 9-8-8: MAINTENANCE AND REPAIR REQUIREMENTS: 10 9-8-9: INSPECTIONS: 11 9-8-10: VARIANCES: 12 9-8-11: ENFORCEMENT: 13 9-8-1: PURPOSE AND INTENT: 14 15 A. Purpose: The purpose of this chapter is to protect and promote the general welfare, health, safety 16 and aesthetics within the city through the establishment of comprehensive standards, regulations 17 and procedures governing the erection, use and/or display of devices, signs or symbols serving as 18 visual communicative media to persons situated within or upon public rights of way or properties. 19 Signs are an essential element of any community. Their location, number, size, design and 20 relationship to each other and to other structures has a significant influence upon a community’s 21 appearance and welfare. 22 B. Intent: The provisions of this chapter are intended to encourage creativity, a reasonable degree of 23 freedom of choice, an opportunity for effective communication and a sense of concern for visual 24 amenities on the part of those designing, displaying or otherwise utilizing needed communicative 25 media of the types regulated by this chapter, while at the same time assuring that the public is not 26 endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or unnecessary use of 27 such communicative facilities. (Ord. 747, 10-15-2003) 9-8-2: DEFINITIONS: 28 29 30 For the purpose of this chapter, the following words and phrases shall have the meanings respectively 31 ascribed to them by this section. Words and phrases not defined in this section but defined in the 32 zoning ordinance of the city shall be given the meanings set forth in the zoning ordinance: 33 34 ABANDONED SIGN: Any sign and/or its supporting sign structure that remains without a message or 35 whose display surface remains blank for more than one year or that pertains to a time, event, or 36 purpose that no longer applies. Abandoned signs are not legally established nonconforming signs. 37 ADDRESS SIGN: A sign on a building displaying numbers only, whether written or in numeric form 38 used for proper identification of the location of the building. 39 40 ALTERATION: Any major change to a sign excluding routine maintenance, painting or changing of copy 41 of an existing sign. Page 1 42 ANIMATED OR FLASHING SIGN: Any sign or part of a sign which changes physical position by any 43 movement or rotation, or which gives the visual impression of such movement by use of lighting, 44 including blinking, chasing, scrolling or other animation effects, or signs which exhibit intermittent or 45 sequential flashing of natural or artificial light or color effects. 46 47 AREA IDENTIFICATION SIGN: A monument sign which identifies the name of a neighborhood, a 48 residential subdivision, a multi-family complex consisting of three (3) or more structures or ten (10) or 49 more units, a commercial development consisting of three (3) or more separate structures, a shopping 50 center area, an industrial area consisting of three (3) or more structures or any combination of the 51 above, which does not specifically identify the individual business therein. 52 53 AWNING: A roof-like cover, often of fabric, plastic, metal, or glass, designed and intended for protection 54 from the weather or as a decorative embellishment that projects from a wall or roof of any structure 55 primarily over a window, door, walk, or the like. 56 57 BALLOON SIGN: A bag or membrane which is inflated with air, has air actively blown through it to 58 inflate it or is filled with a lighter than air gas typically intended to rise or float above the ground and is 59 greater than twenty-four inches in diameter. 60 61 BANNER: A temporary attention getting device which resembles a flag or similar type of advertisement 62 constructed of a strip of cloth, paper, or other material supported either between poles or fastened to a 63 building. 64 BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more 65 points not on the same lot as the light source; also, any light with one or more beams that rotate or 66 move. 67 68 BENCH SIGN: A sign which is affixed or painted to a bench, such as a bus bench. 69 70 BILLBOARD: See definition of Off Premises Sign. 71 72 BUILDING FACADE: That portion of any exterior elevation of a building extending from grade to the top 73 of the parapet wall or eaves and the entire width of the building elevation. 74 BUILDING HEIGHT: The vertical distance from the average elevation of the adjoining ground level, or 75 the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, 76 to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, 77 the uppermost point on a round or other arch type roof or to the highest gable on a pitched or hip roof. 78 79 BUILDING MARKER: Any sign indicating the name of a building and date and incidental information 80 about its construction, which sign is cut into a masonry surface or made of bronze or other permanent 81 material. 82 83 BUSINESS: Any establishment, occupation, employment or enterprise wherein merchandise is 84 manufactured, exhibited or sold or which occupies time, attention, labor, and materials or where 85 services are offered for compensation. 86 87 CANOPY: A rooflike structure projecting over a doorway. 88 89 CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can 90 be changed or rearranged without altering the face or the surface of the sign. A "changeable copy sign" 91 shall also include animated and reader board signs. Page 2 92 COMMEMORATIVE OR MEMORIAL SIGN: A sign, tablet or plaque commemorating or memorializing 93 a person, event, structure or site. 94 95 COMMERCIAL SPEECH: Speech that is advertising a business, profession, commodity, service or 96 entertainment. 97 COPY AND GRAPHIC: The wording and other display messages such as logos or symbols on a sign. 98 99 COPY AND GRAPHIC AREA: The area in square feet of the smallest four (4) sided figure which 100 encloses the copy and graphic of a sign. 101 102 DIRECTIONAL SIGN: A sign erected on public or private property which is designated to guide 103 vehicular or pedestrian traffic. 104 DIRECTOR OF COMMUNITY DEVELOPMENT: The officer or other person charged with the 105 administration and enforcement of this chapter or his/her duly authorized deputy. 106 107 DISTRICT: A specific zoning district as defined in the city zoning ordinance. 108 109 DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to 110 change, caused by any method other than physically removing and replacing the sign or its 111 components, whether the apparent movement or change is in the display, the sign structure itself, or 112 any other component of the sign. This includes a display that incorporates a technology or method 113 allowing the sign face to change the image without having to physically or mechanically replace the sign 114 face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or 115 animated display and any display that incorporates rotating panels, LED lights manipulated through 116 digital input, "digital ink", video display, or any other method or technology that allows the sign face to 117 present a series of images or displays. 118 119 ERECT: The activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, 120 painting, drawing, or any other way of bringing in to being or establishing. 121 FACADE: A false, superficial or artificial appearance of a building side, given special architectural 122 treatment. 123 124 FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or 125 pole, so as to allow movement of the material by atmospheric changes and that contains distinctive 126 colors, patterns, symbols, emblems, insignia, or other symbolic devices. 127 128 FLASHING SIGN: An illuminated sign which contains flashing lights or exhibits noticeable changes in 129 color or light intensity. 130 131 FREESTANDING SIGN: A sign that is placed in the ground and not affixed to any part of a structure or 132 building. 133 FRONTAGE: The front side of a building. 134 GOVERNMENTAL SIGN: A sign which is erected by a governmental unit for the purposes of 135 identification, information, or directing or guiding traffic. 136 137 GRADE: The elevation or level of the ground at the place the sign is to be erected. Page 3 138 GROSS SIGN AREA CALCULATION: The method of calculating the allowable square footage of signs 139 shall be as follows: 140 a. Individual Letters or Figures. When attached onto a surface such as a building, canopy, wall 141 or awning, the area shall be the smallest rectangle that encompasses all of the letters or 142 symbols unless the letters and/or symbols are separated by 2 feet or more in length, in which 143 case the letter(s) and symbol(s) area shall be calculated separately and added together. 144 145 b. Monument Signs. The smallest rectangle, square, circle, triangle or combination thereof that 146 will encompass the entire area of the sign face, including all lettering, wording, and 147 accompanying designs and symbols, together with all the background, whether open or 148 enclosed, on which they are displayed and in no case passing through or between elements 149 of such sign. The area shall not include the main supporting sign structure but shall include 150 other ornamental attachments that are not a part of the main support of the sign. 151 Page 4 152 153 C. Wall Signs. The smallest rectangle, square, circle, triangle or combination thereof that will 154 encompass the entire area of the frame, including all lettering, wording, and accompanying 155 designs and symbols, together with all the background, whether open or enclosed, on which 156 they are displayed and in no case passing through or between elements of such sign. The 157 area shall not include the main supporting sign structure but shall include other ornamental 158 attachments that are not a part of the main support of the sign. Letter(s) and symbol(s) 159 separated by 2 feet or more in length shall be calculated separately and added together. Page 5 160 161 162 HEIGHT: The vertical distance measured from the base of the sign at grade to the top of the highest 163 attached component of the sign. 164 165 IDENTIFICATION SIGN: Any sign which states the name or address or both of the business or 166 occupant of the lot or building where the sign is placed and may be a directory listing the names, 167 addresses, profession or occupation and business of occupants. 168 169 ILLEGAL SIGN: A sign that is erected without first complying with all city ordinances and regulations in 170 effect at the time of its construction and erection or use. Abandoned signs and unsafe signs are also 171 illegal signs. 172 173 ILLUMINATED SIGN: Any sign that contains an element designated to emanate artificial light internally 174 or externally. 175 176 INFORMATIONAL SIGN: Any sign erected for the safety or convenience of the public including “no 177 parking”, “entrance/exit”, “loading only”, “telephone”, “manager’s office”, “danger”, and other signs that 178 do not promote or contain advertising or identification of a business, property or product. 179 LEGALLY ESTABLISHED NONCONFORMING SIGNS: Any sign and its support structure lawfully 180 erected prior to the effective date of any provision of this chapter that fails to conform to the 181 requirements of this chapter. 182 LIMITED TENANT BUILDING: A commercial retail establishment or a group of commercial retail 183 establishments with the designed occupancy of three (3) or fewer tenants which has shared parking 184 and a visual appearance as a contiguous structure which may or may not be planned, constructed, or 185 managed as a total entity. This includes single tenant retail structures. 186 LOGO: A symbol, image, insignia, word, word abbreviation, or initials which is designed for easy 187 recognition, and which represents or identifies in graphic form, a nation or organization of nations, 188 businesses, states or cities, or fraternal, religious and civic organizations or any educational institutions, 189 irrespective of whether they are made of permanent, semi-permanent or temporary materials. 190 MEMORIAL SIGN: A sign designated to preserve the memory of a person or event. Page 6 191 MENU-BOARD SIGN: A wall or free standing sign installed in a drive-through facility which lists foods 192 or other products available at the drive-through facility. 193 194 MERCHANDISE SIGN: A temporary A-Frame or sandwich board style sign advertising merchandise or 195 services displayed outside an enclosed building. 196 197 MONUMENT SIGN: A freestanding sign independent from any building or other structure that is 198 mounted on the ground or mounted on a base that is at least as wide as the sign, but in no event shall 199 the base exceed one hundred fifty percent (150%) of the greatest width of the sign. A monument sign 200 is typically solid from grade to the top of the structure; however, a monument sign may include open 201 area below the face of the sign if the sign complies with the monument sign supporting sign structure 202 design criteria. 203 204 MOTION SIGN: Any sign which revolves, rotates, has any moving parts or gives the illusion of motion 205 including animated or flashing signs. 206 207 MURAL: A work of graphic art painted on a building wall, which contains no commercial advertising or 208 logos and which does not serve to advertise or promote any business, product, activity, service, 209 interest, or entertainment. 210 211 NAMEPLATE: See definition of Identification Sign. 212 213 NONCOMMERCIAL FLAG: Any flag other than a business or commercial flag, including without 214 limitation a flag of any governmental, religious, charitable, fraternal, or political organization or cause. 215 216 NONCOMMERCIAL SIGN: A sign that does not contain speech but promotes a message concerning 217 political, religious, social, ideological, public service, or informational topics. 218 219 NONCONFORMING SIGN: 220 221 Illegal: A sign which was constructed after the passage of the ordinance codified in this 222 chapter or amendments thereto which does not conform to the requirements of this chapter which were 223 in effect on the date of construction of the sign. 224 225 Legal: A sign which lawfully existed prior to the passage of the ordinance codified in this chapter 226 or amendments thereto but which does not conform to this chapter. 227 228 OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or products 229 sold at that location or premises where the sign is located. 230 231 OFF PREMISES SIGN: A sign bearing a commercial message that is located on a property that is not 232 the premises, property, or site of the use identified or advertised on the sign. 233 234 ON PREMISES SIGN: A sign bearing a commercial message that is located on the premises, property, 235 or site of the use identified or advertised on the sign. 236 237 PARAPET: A low wall which is located on a roof of a building. 238 239 PENNANT: A relatively long tapering flag. 240 241 PERMANENT SIGN: Any sign which is not a temporary sign. 242 243 PROJECTING SIGN: A sign other than a wall sign which is affixed to a building and which extends Page 7 244 perpendicular from the building wall. 245 246 PYLON SIGN: A sign supported by a post or posts so that the sign and supports are finished to grade 247 and the post or posts are encased in a material consistent with the sign and where the base width 248 dimension is a minimum of forty percent (40%) of the width of the sign. 249 250 REAL ESTATE DEVELOPMENT SIGN: A sign placed on the premises of a subdivision or other real 251 estate development related to the subdivision or real estate development. 252 253 REAL ESTATE SIGN: A sign placed upon a property advertising that particular property for sale, rent or 254 lease. 255 256 ROOF SIGN: Any sign erected and constructed wholly upon the roof or parapet of a building, supported 257 by the roof structure, and extending vertically above the highest portion of the roof. 258 259 ROOF SIGN, INTEGRAL: Any sign erected or constructed as an integral or essentially integral part of a 260 normal roof structure of any design, such that no part of the sign extends vertically above the highest 261 portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of 262 more than six inches (6"). 263 264 ROOFLINE: The uppermost line of the roof of a building or in the case of an extended facade, the 265 uppermost height of such facade. 266 267 ROTATING SIGN: A sign which revolves or rotates on its axis by mechanical means. 268 269 SHOPPING CENTER: An integrated grouping of commercial stores where the building/structure which 270 houses the store is under single ownership or control. 271 272 SIGN: Any letter, word, symbol, device, poster, picture, reading matter or representation in the nature of 273 an advertisement, announcement, message or visual communication, whether painted, posted, printed, 274 affixed or constructed, which is displayed outdoors for informational, corporate identification or 275 communicative purposes and is visible to the general public. 276 277 SIGN STRUCTURE: The supports, uprights, raceway, bracing and framework for a sign, including the 278 sign area. 279 280 STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot has one 281 street frontage, and a corner lot has two (2) frontages. 282 283 TEMPORARY SIGN: Any sign which is erected or displayed for a limited period of time, including signs 284 affixed or attached to vehicles, including trailers, and capable of being readily removed such as flyers, 285 banners, inflatable signs, A-Frame signs or flying signs. 286 287 UNSAFE SIGN: Any sign that is out of order, in disrepair, rotten, hazardous, or in any other manner 288 unsafe. 289 290 WALL SIGN: A sign which is affixed to the exterior wall of a building and which is parallel to the building 291 wall and which does not project more than twelve inches (12") from the surface to which it is attached, 292 nor extend beyond the top of the parapet wall. 293 294 WINDOW SIGN: A sign affixed to or inside of a window in view of the general public. This does not 295 include merchandise on display or business hours. 296 Page 8 9-8-3: Permits 297 298 299 A. Sign Permit Requirements: All signs must be constructed in accordance with all applicable city 300 code provisions, including requirements for obtaining permits and payment of required fees. 301 No sign, unless exempted by this Chapter, shall be erected, altered, reconstructed, or moved in 302 the city without first securing a permit from the city. 303 304 1. Application for Permit: the following information shall be submitted within or along with the 305 permit application for a sign: 306 307 a. Name, address and telephone number of person making application. 308 309 b. Name, address and telephone number of person owning the sign. 310 311 c. A site plan drawn to scale showing the location of lot lines, buildings, structures, 312 parking areas, existing and proposed signs and any other physical features of the 313 property where the sign will be located. 314 315 d. Plans, location, specifications, number of signs and their dimensions and square 316 footage and method of construction and attachment to the building or placement 317 method in the ground. 318 319 e. Copy of stress sheets and calculations showing that the structure is designed for 320 dead load and wind pressure in any direction in the amount required by this chapter 321 and all other state or federal laws and ordinances of the city. 322 323 f. Written consent of the owner or lessee of any site on which the sign is to be erected 324 if the applicant is not the owner of the property. 325 326 g. Such other information as is required by the building official or director of community 327 development to show full compliance with this chapter and all other state or federal 328 laws and ordinances of the city. The building official may waive subsections d and e 329 of this section. 330 331 2. Sign Contractors: 332 a. License Required; Application; Fee: No person shall install, erect or maintain any 333 sign within the city for which a permit is required without having first obtained a 334 license from the city. An applicant shall complete and file the application form 335 required by the director of community development and pay the fee set by the city 336 council. 337 338 b. Insurance Requirements: No license granted under the terms stated herein shall 339 become effective until the licensee shall have filed with the city clerk a copy of a 340 certificate of insurance in the licensee’s name for a minimum of one million dollars 341 ($1,000,000.00) combined single limit liability coverage for injury to or death of any 342 one person or persons, or damage/destruction of property in any one accident. 343 B. Exceptions. No permit or license for the sign installation thereof shall be required for the 344 following signs which shall be permissible in all Zoning Districts. These exceptions shall not be 345 construed so as to excuse the installer of the sign, or the owner of the property upon which the 346 sign is located, from conforming to the other provisions of this Ordinance, the Zoning Ordinance, 347 or the City Code. Page 9 348 1. Address signs not exceeding 3 square feet. 349 2. Noncommercial flags. 350 3. Building markers not exceeding 4 square feet. 351 4. Memorial signs not exceeding 4 square feet. 352 5. One freestanding or temporary sign 6 square feet or less in area, located on property in 353 residential (R) districts or Agricultural districts 3 acres or more in size. 354 6. Noncommercial signs in accordance with the following: 355 a. In a state general election year, all noncommercial signs of any size may be posted in 356 any number within or outside the public right of way on private property from forty six 357 (46) days before the state primary in a state general election year until ten (10) days 358 following the state general election. Noncommercial signs may be placed in a City 359 right of way on private property only if they are located more than ten (10) feet from 360 the back of the curb or more than two (2) feet from the edge of a sidewalk or trail, 361 whichever is farthest from the street curb and/or mounted on the face of a fence if 362 the fence is less than ten (10) feet from the back edge of the street curb or less than 363 two (2) feet from the edge of a sidewalk or trail. 364 365 b. If there is a primary for any office in a year that is not a state general election year, 366 noncommercial signs may be posted within or outside the public right of way on 367 private property twenty one (21) days before the primary election. When there is no 368 primary, noncommercial signs may be posted twenty one (21) days before the 369 general election. 370 371 c. All noncommercial signs except those otherwise permitted by this Chapter must be 372 removed within ten (10) days following the general election. (Ord. 888, 4-20-2011) 373 7. Official public notices or signs required by local, state, or federal regulations and all 374 governmental signs, including but not limited to traffic control and other regulatory purpose 375 signs, street signs, informational signs, danger signs, and railroad crossing signs. 376 8. Window Signs placed within a building and within view of the general public not exceeding 377 thirty percent (30%) of total window area in accordance with the following: 378 a. Window signs consisting solely of individual alphabetic letters, numerals, or other 379 symbolic characters without any background may be displayed but the net area of 380 the window sign shall not cover more than 30 percent of the total window area. 381 b. A window sign that includes opaque objects, logos, and other images with any type of 382 background may be displayed, but the net area of the window sign shall not exceed 383 30 percent of the window area. Opaque objects without any lettering, numerals, other 384 symbolic characters, logos or any other images are not limited to window coverage 385 area. 386 387 388 Page 10 389 c. The “total window area” shall be measured and calculated so as to include one 390 continuous panel of glass or other transparent material or a set of two or more 391 panels divided by mullions of six inches in width or narrower. Panels surrounded on 392 all sides by solid walls or mullions wider than six inches shall be considered 393 individual windows. 394 395 d. The net area shall be determined by measuring a box around each group of 396 characters, objects, images, logos and any background to the objects, images, and 397 logos. 398 399 e. For purposes of this section, any banner attached to the outside of a window shall not 400 be considered a window sign and shall be considered a temporary sign for which a 401 permit is required. 402 403 f. Hours of operation shall not be included in window sign area calculation. 404 405 g. Window signs may be illuminated, but flashing lights are prohibited. 406 407 9. A sign not exceeding three (3) square feet of display surface on a residential building stating 408 merely the name, address and/or profession of an occupant. 409 10. Informational and directional signs posted on the premises to which they pertain, provided 410 the signs are no more than 4 square feet in size per sign. 411 11. Merchandise signs in accordance with the following: 412 a. Must be within 20 feet from the main entrance to the business or service being 413 advertised. 414 b. One sign is permitted per business or service. 415 c. Must be removed at the end of each business day. 416 d. May be no larger than 6 square feet in size per side. 417 e. Merchandise signs in the public right of way or public easements are prohibited. 418 12. Name Plate not exceeding 2 square feet in size. 419 13. Temporary Real Estate Development Signs: New Construction Temporary Real Estate 420 Development Sign(s) advertising new construction are permitted in accordance with the 421 following: 422 a. One freestanding temporary sign permitted announcing the development no larger 423 than 32 square feet and not exceeding more than 8 feet in height. 424 425 1. Sign is permitted to be located on the property under development. 426 427 2. Sign shall be set back at least 20 feet from all property lines. 428 429 3. Sign shall be allowed until 80 percent of the construction in the development 430 is completed. Page 11 431 432 4. If an area identification sign exists on the site, then the new construction 433 temporary sign must be located a minimum of 200 feet away from the area 434 identification sign. 435 436 b. No more than 3 temporary directional signs for each model home may be posted 437 within the subdivision. 438 439 1. Sign(s) may be no more than 18 inches by 18 inches in size. 440 441 2. Must be located within the developing subdivision. 442 443 3. May not be closer than 10 feet to the back of the curb nor closer than 2 feet to 444 any sidewalk or trail. 445 446 4. Sign(s) shall be allowed until 80 percent of the construction in the 447 development is completed. 448 449 14. Real Estate Signs. On-site real estate signs for the sale or lease of property are allowed 450 subject to the following regulations: 451 452 a. One sign per street frontage is permitted. 453 454 b. In Residential districts, signs must not exceed six square feet in area and six feet in 455 height. 456 457 c. Permitted as window signs not exceeding 30 percent of window surface. 458 459 d. In nonresidential districts, one banner sign attached to the principle structure no 460 larger than 32 square feet and/or a freestanding sign with a maximum height of 12 461 feet and no larger than 32 square feet are permitted. 462 463 e. Freestanding real estate signs in nonresidential districts must be removed when the 464 building is 80 percent occupied. 465 466 f. Real estate signs must be removed within 7 days following lease or sale closing. 467 468 15. Official government flags and emblems. 469 470 16. Home security signs, “no trespassing”, and “no parking” signs provided that the total 471 signage on any individual tax parcel shall not exceed two (2) square feet in area and such 472 signs shall not be illuminated or placed in the public right-of-way. 473 474 17. Murals. 475 C. Prohibited Signs. The following signs are specifically prohibited in any district: 476 1. Motion Signs, including rotating, animated and flashing signs other than dynamic display 477 signs as permitted elsewhere in this Chapter. 478 479 2. Roof Signs. 480 481 3. Signs Painted on Walls excluding murals. Page 12 482 483 4. Obsolete or abandoned signs: Obsolete or abandoned signs shall be taken down and 484 removed by the owner, agent or person having the beneficial use of the building, structure or 485 property upon which the sign may be found within ten (10) days after written notification from 486 the building official. 487 488 5. Illegal Signs and Illegal Non-Conforming Signs. 489 490 6. Signs attached to utility poles, street lights and trees other than governmental or traffic signs. 491 492 7. Search lights or beacons unless otherwise permitted with a special event permit or grand 493 opening permit. 494 495 8. Signs on bridges and overpasses. No person shall display, place, erect, post, maintain, 496 install, affix or carry any sign, including a hand-carried sign, on any portion of a pedestrian 497 bridge or overpass that passes over a freeway or a controlled access highway when such 498 highway has a speed limit of more than 55 miles per hour. 499 500 9. Unsafe or Dangerous signs: No sign shall be permitted that is a hazard to the public health, 501 safety, convenience or general welfare. 502 503 10. Benches and bus shelter signs. Signs on bus shelters and bus benches are prohibited. 504 505 11. Tethered Balloons and Balloon Signs. 506 507 12. Off Premises signs. 508 509 13. Signs within the Clear View Triangle: On corner lots, no signs are permitted within a clear 510 view triangle. The clear view triangle is that area that begins at the intersection of the front 511 property line and corner side property line and is measured back ten feet (10') along both 512 property lines. Those points are then connected with a straight line. 513 Page 13 514 14. Contents Of Signs: No sign shall contain any obscene matter as defined by MN Statue 515 Section 617.241. 516 15. Pennants. 517 16. Signs containing audio speakers or any form of pyrotechnics. 518 17. Signs that obstruct windows, doors, fire escapes, or an opening intended to provide ingress 519 or egress to any structure or building. 520 18. Signs affixed to fences, trees, rocks, or other similar natural surfaces, or attached to public 521 utility poles, bridges, towers, or similar public structures. 522 19. Signs that appear in color or design to resemble a traffic sign or signal or that make use of 523 words, symbols, or characters in such a manner as to interfere with, mislead, or confuse 524 pedestrian or vehicular traffic. 9-8-4: General Provisions: 525 526 A. Sign Chart: R2- R-R2- R3, A, 1 E AG1 R4, R2-B2 I1, R2. Sign Type & & R5, B, & B1 & PB PN I2 & I4 I5 Ord. Reg. 5 AG2 & R2-C B3 I3 R-R- R6 & 2 2F R2-D PR – Permit Required NA – Not Allowed A - Allowed NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3)(C)(4) Abandoned A A A A A A A A A A A A A (9-8-3)(B)(1) Address Animated or NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(4)) Flashing PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-5(A)) Area Identification NA NA NA NA NA NA A A A A A A A (9-8-6(C)) Awning/Canopy Balloons and NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(12)) Tethered Balloons (9-8-5(B)) & Banner - PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-6(D)) Temporary Page 14 R2- R-R2- R3, A, 1 E AG1 R4, R2-B2 I1, R2. Sign Type & & R5, B, & B1 & PB PN I2 & I4 I5 Ord. Reg. 5 AG2 & R2-C B3 I3 R-R- R6 & 2 2F R2-D PR – Permit Required NA – Not Allowed A - Allowed Beacon NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(8)) Bench & Bus NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(11)) Shelter Billboard NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(14)) Canopy NA NA NA NA NA NA A A A A A A A (9-8-6(C)) Changeable Copy/Reader PR PR PR PR PR PR PR PR PR PR PR PR PR 9-8-4(U) Board - Permanent Changeable Copy/Reader PR PR PR PR PR PR NA NA NA NA NA NA NA 9-8-4(U) Board - Temporary Commemorative/ A A A A A A A A A A A A A (9-8-3(B)(2)) Memorial Dangerous or NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3)(C)(9) Unsafe Directional/ A A A A A A A A A A A A A (9-8-3(B)(8)) Informational Directional/ NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(14) Informational – Off Premise Dynamic Display PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-4(I & J)) Governmental/ A A A A A A A A A A A A A (9-8-3(B)(5)) Directional Identification/Name Plate/ Building A A A A A A A A A A A A A (9-8-3(B)(10)) Marker Page 15 R2- R-R2- R3, A, 1 E AG1 R4, R2-B2 I1, R2. Sign Type & & R5, B, & B1 & PB PN I2 & I4 I5 Ord. Reg. 5 AG2 & R2-C B3 I3 R-R- R6 & 2 2F R2-D PR – Permit Required NA – Not Allowed A - Allowed Illegal NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3)(C)(5) Illuminated PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-4(I&J)) Informational A A A A A A A A A A A A A (9-8-3)(B)(7) Legally Established A A A A A A A A A A A A A (9-8-7) Nonconforming Merchandise A A A A A A A A A A A A A (9-8-3(B)(9)) Monument PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-4(D)) Motion NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-4(F)(1)) Noncommercial A A A A A A A A A A A A A (9-8-3(B)(10)) Flag Obsolete NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3)(C)(4) On-Premise PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-3(B)(2)) Projecting PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-4(P)) Pylon NA NA NA NA NA NA PR PR PR PR PR PR PR (9-8-6) Real Estate (9-8- A A A A A A NA NA NA NA NA NA NA Development 3(B)(11&12)) Real Estate A A A A A A A A A A A A A (9-8-3(B)(13)) Roof NA NA NA NA NA NA NA NA NA NA NA NA NA (9-8-3(C)(2)) (9-8-5(D)) & Wall Sign PR PR PR PR PR PR PR PR PR PR PR PR PR (9-8-6(B) Window A A A A A A A A A A A A A (9-8-4(Q)) Page 16 527 B. Color Of Signs: All signs which have their backs visible to public view shall have such backs 528 painted in a neutral color compatible with the background against which they are set. 529 C. Signs Affixed Flat Against Building Walls. No sign affixed flat against a building wall shall 530 extend beyond any edge of such wall, nor shall any such sign extrude more than twelve inches 531 from the wall. 532 D. Changing Copy of Sign: The changing of the copy or message of a painted, plastic face or 533 printed sign is permitted provided that there is no change in the size, shape or lighting of the sign 534 and provided that such change is not done in a manner so as to constitute a flashing sign. 535 E. Compliance with Building and Electrical Code: All signs shall comply with all applicable 536 provisions of the building code and, if applicable, electrical code. 537 G. Approval Of Property Owner: No sign shall be placed on any property without the approval of 538 the property owner. 539 H. Height Above Public Ways: Except for necessary poles, uprights, pedestals and other support 540 structure elements, no portion of any sign located over a public right-of-way shall be less than 541 eight feet (8') above grade level, except for signs that are designed such that they present no 542 hazard to pedestrians or vehicles. 543 I. Illuminated Signs. Illuminated signs shall comply with the following requirements: 544 1. Any illuminated sign located within fifty feet (50') of a residential lot line shall be diffused or 545 indirect so as not to reflect direct rays of light into adjacent residences. All illuminated signs 546 in business and industrial districts in close proximity to residential districts or residential 547 uses shall be designed, to the extent practical, so as to illuminate the sign and not the 548 residential property or residential use. 549 550 2. Illuminated signs lighted by any means, whether as an integral part of the sign or a light 551 away from the sign, such as floodlights, shall be governed as follows: 552 553 a. Any combination of signs or light sources which cast a light on a public street shall 554 not exceed one foot-candle (foot-candle meter reading) as measured at the property 555 line. 556 557 b. Any combination of signs or lights which cast light on property zoned for residential 558 use shall not exceed five-tenths (0.5) of a foot candle (foot-candle meter reading) as 559 measured at the property line of such residential property. 560 561 c. In no instance shall exposed light bulbs be utilized to light signs, property or 562 merchandise. The lights shall be hooded or controlled in some manner so as to 563 direct light away from public streets or adjacent or nearby property. 564 565 d. The illumination source shall not be placed so as to cause or create a traffic hazard 566 or to conflict with traffic control signs or lights. 567 568 e. The illumination electrical power supply, wiring and conduits must not be visible on 569 the exterior of the sign. 570 Page 17 571 3. The illumination of building facades with neon or light emitting diode (LED) architectural 572 lighting shall be permitted when properly maintained. (Ord. 858, 5-6-2009) 573 574 4. The display luminosity of dynamic signs shall be limited to five thousand (5,000) NITs 575 (illuminative brightness measurement) during daylight hours, and seven hundred fifty (750) 576 NITs between a half hour before sunset to a half hour after sunrise as measured utilizing 577 industry accepted standards. (Ord. 875, 4-7-2010) 578 J. Dynamic Display Signs: Dynamic Display signs shall be governed as follows: 579 1. Permitted locations: 580 a. On wall or monument signs located: 581 1. On properties located in any commercial or industrial zoning district. 582 2. On properties with a conditional use permit for religious or institutional use. 583 3. On government buildings or sites located in any zoning district. 584 4. On temporary signs used for traffic control during construction or 585 maintenance projects on state, county, or local roads. 586 2. Prohibited Locations: 587 a. On pylon signs except for retail uses required by Minnesota statutes to display prices. 588 b. As window signs greater than three (3) square feet. 589 c. As portable signs. 590 d. On rooftops. 591 e. In residential and agricultural districts. 592 3. Setback Requirements: Ten feet (10') from edge of sign to any property line. 593 4. Display size: 594 a. Twenty four (24) square feet maximum per property. 595 b. Included in total wall and monument signage square footage calculations. 596 5. Display height: Fifteen feet (15') maximum from grade to top of sign. 597 6. Display image: Pictures, graphics, logos, symbols, images and messages displayed on the 598 onsite dynamic sign must be static. 599 7. Display transition: Scrolling, the appearance of motion, flashing, animation, motion video and 600 similar transitions are prohibited. Page 18 601 8. Display frequency: 602 a. One (1) hour minimum between changes in display transition. Emergency notifications 603 or alerts posted on government or institutional signs are exempt from this section. 604 (Ord. 858, 5-6-2009) 605 K. Planned Unit Developments: Planned unit developments (PUD) or Planned Development 606 Overlay (PDO) shall submit a comprehensive sign plan at such time when the total PUD or PDO 607 is reviewed by the Planning Commission. Due to the multiple land uses in a planned unit 608 development, all signs shall be compatible in character, materials and color with each other and 609 the surrounding land uses. 610 611 L. Shopping Centers: Shopping centers shall submit a comprehensive sign plan at the time when 612 the building plans are reviewed by the planning commission. 613 614 M. Mississippi River Critical Area: Within the designated Mississippi River critical area, no sign is 615 permitted that is visible from the river, except those necessary for safe navigation along the river. 616 617 N. Statues, Sculptures, and Architectural Features: Symbols, statues, sculptures and integrated 618 architectural features of a design which deviates from the architectural character of the 619 surrounding structures shall require a conditional use permit. (Ord. 747, 10-15-2003) 620 O. Projecting Signs: Permitted only in Business and Industrial Districts, subject to the following 621 restrictions: 622 1. The maximum sign area shall be 20 square feet per building face. 623 2. Not less than eight feet of clearance shall be provided between the sidewalk elevation and the 624 lowest point of the projecting sign. 625 3. Signs shall project from the face of the building no more than the lesser of: 626 (a) One-third of the sidewalk width; or four feet. Sidewalk width shall be measured 627 perpendicular to the face of the building at the proposed sign location. 628 4. The maximum sign area of wall signs located on the same building of the projecting sign shall 629 not exceed five percent of the wall area. 630 P. Contractor signs denoting the architect, engineer, or contractor placed on premises are permitted 631 when construction, repair, or renovation is in the process, provided such signs must be five 632 square feet or less. 633 Q. Changeable Copy Signs: 634 1. Permitted as a permanent sign in accordance with the requirements set forth in 9-8-5(A 635 and/or D) and 9-8-6. 636 2. Permitted as a temporary sign in accordance with the requirements set forth in 9-8-5(B). 9-8-5: Signs in Residential and Agricultural Districts: 637 Page 19 638 A. Design Standards: Area Identification Signs: 639 1. Must be a monument sign. 640 2. Shall be located at the entrance to the project or subdivision. 641 3. Shall be located on private property and prohibited on public rights of way unless specifically 642 approved by the City Council. 643 4. A maximum of two (2) area identification signs, not exceeding a total of one hundred (100) 644 square feet in sign area with no more than fifty (50) square feet per sign, may be permitted 645 at each project entrance or subdivision entrance. Two (2) signs are permitted at each project 646 entrance only to create a gateway effect at opposite corners of the entrance to the project. 647 5. The maximum height of an area identification sign shall be 10 feet. 648 B. On Premise Temporary Signs: 649 1. Residential or Agricultural lots greater than 3 acres in size are permitted no more than two 650 separate on-premises temporary signs at one time in accordance with the following: 651 a. Sign(s) combined area must be no more than 32 square feet. 652 b. Sign(s) may be posted for no more than 15 consecutive calendar days at a time. 653 c. Sign(s) must be set back from the roadway edge a minimum of 25 feet. 654 d. A no fee temporary sign permit is required. 655 e. 9 temporary sign permits permitted per property per calendar year. 656 C. Multiple Family Buildings: 657 1. A multiple family complex consisting of three (3) or more structures or ten (10) or more units 658 shall be allowed an area identification sign not to exceed sixty four (64) square feet. 659 D. Places of Worship, Parks, Hospitals, Schools and other non-residential buildings: 660 1. Places of worship, parks, community centers, hospitals, schools, libraries, city and other 661 non-residential buildings are permitted one monument sign upon their property with a 662 building permit. 663 a. Such sign shall not exceed a total of fifty (50) square feet and shall not exceed a height of 664 ten feet (10'). 665 2. In addition to monument signage, wall signage permitted provided that the wall sign area 666 shall not exceed fifty (50) square feet. 667 3. If signage in excess of subparts 1 and 2 of this section is desired, a conditional use permit 668 shall be required. Page 20 9-8-6: Signs in Business and Industrial Districts: 669 670 A. Monument or Pylon Sign: 671 1. One on-premises monument or pylon sign shall be permitted on each separate property 672 within a Business or Industrial District. 673 2. Tenant identification monuments are not permitted in industrial districts in areas designated 674 for mixed uses on the city comprehensive plan map or zoned P-B, Planned Business, on the 675 city zoning map. 676 3. Location: 677 a. Monument or pylon signs shall be no closer than 75 feet to another monument or 678 pylon sign. 679 b. No monument or pylon sign shall be erected within the clear view triangle. 680 c. No monument or pylon sign shall extend above the roofline of any structure on the 681 property on which it is located. 682 4. Size: 683 a. The size of a monument or pylon sign permitted on any individual property is 684 determined by the gross square footage of the principal structure located on the 685 property. 686 b. One sign per tax parcel is permitted unless the tax parcel contains a multitenant 687 building or limited tenant building and is eight thousand (80,000) gross square feet or 688 more and has two (2) or more primary access points in which case a second 689 monument or pylon sign in permitted. A second monument at a secondary access 690 point is permitted if the primary freestanding sign is of monument style. The second 691 monument sign shall not exceed fifty percent (50%) of the copy and graphic area and 692 height requirement of the permitted principle sign. 693 694 c. The following table lists the maximum size and heights for permitted monument and 695 pylon signs: Pylon Monument Copy And Graphic Principal Structure (Gross Copy And Graphic (Square Feet) Square Feet) Height (Square Feet) Height Greater than 400,000 10 feet 100 15 feet 50 100,001 - 400,000 10 feet 100 15 feet 50 Page 21 20,001 - 100,000 10 feet 90 15 feet 45 Less than 20,000 10 feet 70 15 feet 35 696 5. Design: 697 a. The base of the monument sign shall be constructed of Class I materials that match 698 those used on the building for which the sign is located. If no Class I materials are 699 used on the building, Class II materials shall be used. 700 B. Wall Signs: 701 1. Gas station canopies or other canopies are considered principle structures for computing 702 allowable signage. 703 2. The following table indicates maximum wall signage permitted per tenant wall: Principal Structure Individual Wall Size (Gross Square Sign Calculation Feet) 100,001 - 400,000 200 Square feet or 1.25 square feet of sign per lineal foot of the front of square feet the individual tenant space frontage, whichever is less. 20,001 - 100,000 150 Square feet or 1.25 square feet of sign per lineal foot of the front of square feet the individual tenant space frontage, whichever is less. Less than 20,000 100 Square feet or 1.25 square feet of sign per lineal foot of the front of square feet the individual tenant space frontage, whichever is less. 704 3. Sign area measured shall be the allowable wall sign square footage for each of the tenant 705 walls. 706 4. The city may recognize separate sign plans for buildings which will supersede the ordinance. 707 The sign plans which have been approved by the Community Development Director will have 708 the effect of a sign ordinance for the specific property. 709 5. Each tenant’s wall sign on a multi-tenant building shall not extend closer than two feet (2’) 710 from the tenants lease line. Wall signs may include tenant identification, tenant logo, shopping 711 center name, shopping center logo, or any combination of the four (4). 712 6. Tenant identification shall be individually mounted or located on a raceway that is consistent 713 in color with the wall façade. Page 22 714 7. All returns of tenant identification signs on a single multi-tenant building shall be uniform in 715 color. 716 8. All tenant wall signs shall be internally illuminated. 717 9. Wall signs shall not extend above the roofline of any principal building. 718 10. Sign change outs require repair to holes or other wall markings left and painting to match 719 tenant wall façade color. 720 C. Awnings, Canopies, Marquees: 721 1. Signs on awnings, marquees and canopies shall be considered wall signs under the terms of 722 this section and subject to the regulations for said signs. 723 a. Copy or graphics on awnings, canopies or marquees shall be considered as part of the 724 individual wall area calculation. 725 b. An awning may be designated as a sign area as an alternative or addition to a sign on 726 the building façade, provided the awning signage does not exceed the total sign area 727 allowed. 728 c. A sign may be displayed on the side panels of the awning. 729 d. The sign displayed on the awning shall not be more than 40 percent of the awnings 730 principal face. 731 D. On Premise Temporary Signs: 732 1. Existing Business: A maximum of four temporary sign permits may be issued to each 733 business per calendar year for up to 15 days each. The temporary sign must in the form of a 734 weather proof banner no larger than 32 square feet in size attached to the principle 735 structure. 736 2. New business or re-opening of an existing business or store closing: One temporary sign 737 permit per calendar year shall be issued for no more than 15 days. 738 3. On premise temporary signs must be removed within 24 hours after the expiration of the 739 permit. 9-8-7: LEGALLY ESTABLISHED NONCONFORMING SIGNS: 740 741 A. Continuance Of Use: Any legally established nonconforming sign (legal nonconforming sign), 742 including its structure, may be continued at the same size and in the same manner of operation 743 except as hereinafter specified. 744 B. Dangerous Conditions: A legal nonconforming sign must be removed if the sign and/or structure 745 is declared unsafe by the building inspection division. Page 23 746 C. Discontinuance of Use: When the use of a legal nonconforming sign has been for a period of 747 twelve (12) months or has changed to conform with this chapter, any further use of the sign must 748 comply with all provisions of this Chapter and Minnesota Statutes Section 462.357. 749 D. Damaged Signs: Whenever a legal nonconforming sign shall have been damaged by fire, flood, 750 explosion, earthquake, war or an act of God and the damage of the sign and/or structure is fifty 751 percent (50%) or more of its fair market value as estimated by the building inspection division, it 752 may be reconstructed and used as before if a building permit has been applied for within 180’ 753 days from the date the sign was damaged. If no building permit is applied for within 180 days 754 from the dater the sign was damaged, any subsequent use or reconstruction of the sign shall be 755 for a use in accordance with the provisions of the chapter. 756 E. Alteration of Signs: A legal nonconforming sign may not be altered except as permitted by state 757 statute. 758 F. Maintenance and Repair: Normal maintenance of a legal nonconforming sign is permitted, 759 including necessary structural repairs and incidental alterations which do not extend or intensify 760 the nonconforming use. (Ord. 747, 10-15-2003) 9-8-8: MAINTENANCE AND REPAIR REQUIREMENTS: 761 762 A. All signs, together with all their supports, braces, guys and anchors shall be kept in repair and 763 in proper state of preservation. 764 B. The display surfaces of all signs shall be kept neatly painted or posted at all times. 765 C. All signs which are unsafe, dangerous and/or unsightly shall be repaired or removed. Unsafe 766 or dangerous signs shall be removed or otherwise properly secured by the property owner 767 and/or sign owner upon receipt of notice to do so given by the city. Any abandoned, unsafe, 768 or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the 769 citizens of Cottage Grove and is declared to be a public nuisance subject to abatement and 770 assessment, except that legally established nonconforming signs shall not be abated until 771 they have been abandoned for more than one year. Unsightly signs must be repaired or 772 removed within fifteen (15) days of notification. The term "unsightly" shall mean a condition in 773 1 which the sign has deteriorated to the point where at least one-fourth (/) of the surface area 4 774 of the name, identification, description, display, illustration or other symbol is no longer clearly 775 recognizable at a distance of twenty feet (20'); or where paint is peeling, chipping, or flaking 776 from the structure surface, or where the sign has developed significant rust, corrosion, rotting, 777 or other deterioration in the physical appearance. 778 D. Every sign and the immediate surrounding premises shall be maintained by the owner or 779 person in charge thereof in a clean, sanitary and inoffensive condition and free and clear of all 780 obnoxious substances, rubbish and weeds. Notice shall be given to the director of community 781 development of any change in sign user, sign owner or owner of the property on which the 782 sign is located. (Ord. 747, 10-15-2003) 9-8-9: INSPECTIONS: 783 784 785 All signs for which a permit is required shall be subject to inspection by the director of community 786 development. The director of community development, or any other official of the city who may be 787 appointed by him/her, is hereby authorized to enter upon any property or premises to ascertain whether Page 24 788 the provisions of this chapter are being obeyed. Such entrance shall be made during business hours 789 unless an emergency exists. The director may order the removal of any sign that is not in compliance 790 with the provisions of the chapter. (Ord. 747, 10-15-2003) 9-8-10: VARIANCES: 791 792 A. Conditions of Variances: Where there are practical difficulties or unnecessary hardships in any 793 way in carrying out the strict letter of the provisions of this chapter, a variance may be granted; 794 provided, that all the following conditions are met: 795 1. The particular physical surroundings, shape or topographical conditions of the specific 796 parcel of land involved cause a particular hardship to the owner, as distinguished from a 797 mere inconvenience, if the strict letter of the regulations were to be carried out. 798 2. The conditions upon which a petition for a variation is based are unique to the parcel of 799 land for which the variance is sought and not generally applicable to other property within 800 the same zoning classification. 801 3. The alleged difficulty or hardship must be caused by this chapter and not by any person 802 presently having an interest in the parcel of land. 803 4. The granting of the variance will not be detrimental to the public welfare or injurious to 804 other land or improvements in the neighborhood in which the parcel of land is located. 805 5. The proposed variance will not impair an adequate supply of light and air to adjacent 806 properties, will not increase the congestion of the public streets, will not endanger the 807 public safety or will not diminish or impair property value within the neighborhood. 808 B. Request for Variance; Fee: A person desiring to secure a variance or to appeal the 809 interpretation and application of any provisions of this chapter by the director of community 810 development shall fill out and submit to the director of community development a variance 811 form together with the required filing fee. 9-8-11: ENFORCEMENT: 812 813 A. Violations: The owner of a sign and the property owner of real property where a sign is 814 located are required to ensure that the sign is in compliance with the provisions of this 815 chapter at all times. If a sign is not maintained in compliance with all requirements of this 816 chapter, the building official is hereby authorized to cause removal of such sign, and any 817 expense incident thereto shall be paid by the owner of the sign or the property where such 818 sign is located. Each day that such a violation continues to exist shall constitute a separate 819 offense. Owning a sign that fails to comply with the provisions of this chapter or permitting 820 such a sign on one’s property shall constitute a misdemeanor. 821 B. Removal of Illegal Signs; Costs: Any sign installed or placed on public property, except in 822 accordance with the requirements of this chapter, is subject to removal. Signs may be 823 returned to the owner upon request, but the owner shall pay a fee in such amount as provided 824 by ordinance of the city council from time to time. Signs not retrieved by the owner within 825 fourteen (14) days of removal may not be returned. 826 Page 25