This chapter shall be known and may be cited as “the sign code of the city of Wilmington.” Whenever in this chapter reference is made to this code, the reference shall mean all of Chapter 96. (Ord. 1607, passed 12-16-03)

The regulation of signs by this chapter is intended to promote and protect the public health, safety, and welfare by reducing depreciation of property values caused by signs that are incompatible with the use to which they are associated or with surrounding land uses:
(A) By creating a more attractive economic climate within business and manufacturing districts of the city by enabling the public to locate goods, services, and facilities in the city without confusion caused by excessive signage.
(B) By enhancing and protecting the physical appearance of all areas of the city by eliminating visual clutter.
(C) By protecting signs from obstruction by other signs and by reducing distractions, obstructions, and hazards to pedestrians and traffic caused by signs.
This code is intended to promote and encourage the use of signs that are creative and aesthetically pleasing and compatible to their surrounding area. (Ord. 1607, passed 12-16-03)

This code shall be liberally construed to advance its purpose. If any portion of this code, or application thereof to any circumstance is found to be in conflict or inconsistent with any other ordinance of the city of Wilmington, or application thereof to any standard, the higher standard or more restrictive application shall prevail. (Ord. 1607, passed 12-16-03)

If any section, subsection, sentence, clause or phrase of this code or its application to any person or circumstance is held invalid by any court of competent jurisdiction, the remainder of the code, or the application of the provision to other persons or circumstances as can be given effect without the invalid provision or application, shall remain in full force and effect; and to this end the provisions of this code are declared to be severable. (Ord. 1607, passed 12-16-03)

As used in this code, the words, phrases and terms defined in this section shall have the meanings prescribed therein unless the context clearly requires a different meaning:
“Abandoned sign” means a sign that no longer correctly directs or exhorts any person, advertises a legitimate business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.
“Awning” means an overhanging shade extending from part or all of a building face which may be over a public right-of-way and is constructed of some durable material such as heavy cloth or canvas, metal, glass or plastic. These are permitted in the B2-A Central Business District.
“Animated sign” means any sign that includes action or motion.
“Banner sign” means a sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
“Billboard” means any off-premises freestanding sign.
“Building facia or wall” means all window and wall area of a building in one plane.
“Building sign” means any sign that directs attention to a business or profession conducted, or to a commodity, service or entertainment sold, offered, or manufactured upon the premises where such sign is located, or to which it is affixed.
“Bulletin board” means a freestanding sign that advertises or displays public messages.
“Canopy” means a permanent roof-like shelter extending from part or all of a building face which may be over a public right-of-way and is constructed of some durable material such as heavy cloth or canvas, metal, glass or plastic. These are permitted in the B2-A Central Business District.
“Canopy sign” means any sign affixed to, painted on or suspended from a canopy or marquee.
“Changeable copy sign” means a sign on which a message copy can be changed through the use of attachable letters and numerals which are changed manually.
“City” means the city of Wilmington.
“City council” means the mayor and city council, or corporate authorities, of the city of Wilmington.
“Copy” means the wording or graphic on a sign surface.
“Copy area” means the area in square feet of the smallest geometric figure that describes the area enclosed by the actual copy of the sign. For facia signs, the copy area limits refer to the message, not to the illuminated background.
“Directional sign” means any sign that serves solely to designate the location or direction of any place or area that relates to public interest.
“Electrical sign” means any sign containing electrical wiring that is attached or intended to be attached to an electrical energy source.
“Exempt sign” means a sign for which no permit is required.
“Flashing sign” means any sign that contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.
“Freestanding sign” means any sign supported by one or more uprights, poles or braces, placed in or upon the ground; or a sign supported by any structure erected primarily for the display and support of the sign.
“Frontage” means the length of the property line on any premises parallel to and along each public right-of-way it borders.
“Ground sign” means a sign that is supported by one or more poles, uprights or braces in the ground that are not part of the building.
“Height of sign” means the vertical distance measured from the adjacent street grade or upper surface of the nearest street curb to the highest point of the sign.
“Hologram sign” means a three-dimensional picture that is made on a photographic film or plate without the use of a camera, that consist of a pattern of interference produced by a split coherent beam of light and which for viewing is illuminated with a coherent light from behind. (Coherent light is light composed of wave trains in phase with each other.)
“Identification sign” means a sign that is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupancy of the person.
“Illuminated sign” means any sign that emanates light either by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign face or from an indirect lighting source.
“Indirectly illuminated sign” means any sign that reflects light from a source intentionally directed upon it, for example, by means of a floodlight.
“Interior property line” means property lines other than those fronting on a street, road or highway.
“Lot” or “premises” means a parcel or group of parcels of land under one ownership.
“Mobile sign” means a sign mounted on a moveable support that is not part of the building or other structure.
“Moving or rotating sign” means a sign or other advertising structure that physically moves or rotates in any manner whatsoever.
“Nameplate” means a single faced sign that does not exceed two square feet in size, and is mounted to the principal building or mailbox.
“Legal nonconforming sign” means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this code and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this code, or a nonconforming sign for which a special permit has been issued.
“On-premises sign” or “on-site sign” means any sign identifying or advertising a business, person, activity, goods, products or service located on the premises where the sign is installed and maintained.
“Off-premises sign” or “off-site sign” means any sign that advertises goods, products, services or facilities to be provided at a different location than the property upon which the sign is installed or directs persons to a different location from where the sign is installed.
“Owner” means a person or persons recorded as such on official records and including duly authorized agent or notary, a trustee, a purchaser, devisee or corporation or other legal entity holding legal or equitable interest in the real property in question; any person having a vested or contingent interest in the property in question.
“Portable sign” means any sign not permanently attached to the ground or a building.
“Premises” means a lot and all the structures or uses thereon.
“Projecting sign” means a sign other than a wall sign suspended from or supported by a building or structure and projecting therefrom, including marquees.
“Public right-of-way width” means the perpendicular distance across a public street, measured from property line to property line. For the purposes of this code, the property line shall be the right-of-way line as established by the official map of the city of Wilmington.
“Reader board” means any sign that has one or more lines of copy where the content of the copy may be altered through the means of manually changing the letters displayed on the board. The outside dimensions of the changeable total copy area determine the size of the reader board.
“Reader board--electronic” means any sign that has one or more lines of copy where the content of the copy is altered through electronic means.
“Roof sign” means a sign that is erected, constructed and maintained above the roof of a building.
“Sign” means any object, device, display or structure, or part thereof, used to advertise, identify display or attract attention to a person, establishment, product, service or event by any means including, without limitation, words, letters, figures, designs, symbols, fixtures, colors, or illumination. The term “sign” includes, but is not limited to, every projection sign, freestanding sign, window sign, awning, canopy, marquee sign, changeable copy sign, illuminated sign, moving sign, temporary sign, portable sign, pennants, banners, streamers or any other attention gathering device or other display whether affixed to a building or erected elsewhere on the premises. The term “sign” excludes features of a building that are an integral part of the building’s design and structure.
“Sign face” means the entire sign area within a single continuous perimeter enclosing the extreme limits of such sign and within a single plane.
“Sign area” means the entire area of all sign faces, cumulatively, including sign faces on which no copy is currently displayed.
“Special event” means an event of less than two weeks’ duration sponsored and/or run by a non-profit, charitable or religious institution or organization, or a commercial activity not to exceed 30 days’ duration in connection with grand openings (including without limitation, grand openings for real estate developments and “sidewalk sales”).
“Temporary sign” means any sign which was designed or manufactured or created or intended to be used temporarily at a location, is portable or otherwise moveable and does not otherwise comply with the city’s sign ordinance and includes, but is not restricted to, any sign which is designed or could be used with wheels or does not otherwise have a permanent base. Temporary signs do not include yard style political signs, real estate, for sale signs or for rent signs.
“Wall sign” or “facia sign” means any sign attached to or erected against a wall of a structure with the exposed face of the sign in plane approximately parallel to the plane of the wall.
“Window” means an opening in a wall of a building that allows the admission of light containing a panel of translucent or transparent material or glass.
“Window display” means one or more objects in a window, which are incorporated with a display of merchandise or relating to services offered, but which are not affixed to any window.
“Window sign” means a sign installed inside or painted upon a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.
“Window surface area” means the area of a building facade that is occupied by glass or other transparent or translucent material. (Ord. 1607, passed 12-16-03)

(A) Except as otherwise provided in this code, it is unlawful for any person to erect, construct, enlarge, move, or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the building inspector/code enforcement officer as required by this code. No new permit is required for signs which have permits and which conform with the requirements of this code on the date of its adoption unless the sign is altered or relocated.
(B) Every sign permit issued shall become null and void if construction is not commenced within 120 days from the date of such permit.
(C) The following activities shall not require permits:
(1) Changing of the advertising copy or message on an existing approved painted or printed sign, marquee, reader board or similar approved sign whether electrical, illuminated, or non-illuminated painted message, which are all specifically designed for the use of replaceable copy.
(2) Painting, repainting, cleaning or other normal maintenance and repair of a sign or sign structure for which a permit has been previously issued, so long as a sign or sign structure is not modified in any way. Replacement of the plastic face will be included as an exempt operation, provided that it is due to a change caused by breakage or deterioration of the face, but not for the substitution of a new or different business name.
(3) Changes in the content of the show window display and permitted temporary signs.
(4) The erection of a permitted exempt sign as listed in Section 96.40. (Ord. 1607, passed 12-16-03)

As a condition to the issuance of a sign permit, all persons engaged in the business of installing or maintaining signs involving, in whole or in part the erection, alteration, relocation, and/or maintenance of a sign shall agree to hold harmless and indemnify the city, its officers, agents and employees from any and all claims of negligence resulting from the erection, alteration, relocation, and/or maintenance of a sign or other sign work insofar as this code has not specifically directed the placement. (Ord. 1607, passed 12-16-03)

No person shall erect, construct or maintain any sign upon any property or building without the written consent of the owner or person entitled to possession of the property or building, if any, or their authorized representatives. The written consent must accompany the application for a sign permit. (Ord. 1607, passed 12-16-03)

Application for a permit shall be made to the building inspector/code enforcement officer. The permit shall be accompanied by such information as may be required to assure compliance with all appropriate ordinances and regulations of the city, including:
(A) Name and address of the owner of the sign.
(B) Name and address of the owner or the person in possession of the premises where the sign is located or to be located.
(C) Clear and legible drawings including a front and side view with description of colors and construction materials, the specific location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises.
(D) Drawings showing the dimensions, construction supports, sizes, electrical wiring and components, materials of the sign and method of attachment and character of structural members to which attachment is to be made.
(E) The design and quality of materials and wind load shall conform to the requirements of the current International Building Code (I.B.C.). If required by the building department, a duly licensed engineer shall supply engineering data on certified plans. (Ord. 1607, passed 12-16-03)

(A) Each application for a sign permit shall be accompanied with a $25 application fee exclusive of any permit costs for electrical inspection. For any sign hereafter erected, placed, installed or otherwise established on any property prior to obtaining a permit as required by this section, the fee specified hereunder shall be doubled, but the payment of the double fee shall not relieve any person from complying with the provisions of this section or from penalties herein.
(B) The sign permit application shall be assessed, in addition to the application fee, a permit fee calculated as follows:
(1) All signs shall be calculated at a basis of 50 cents per square foot of sign area.
(2) The calculation on a freestanding, pole or ground-mounted sign shall be based on the sum total of all faces.
(3) Facia or wall signs: only the copy area shall be included in the calculation of the above-mentioned fee. (Ord. 1607, passed 12-16-03)

No signs except the following shall be erected or permitted in any residential zoning district:
(A) Subdivision development signs. The building inspector/code enforcement officer may issue a permit for a temporary sign in any residential zoning district in connection with the marketing of lots or structures in a subdivision, subject to the following conditions:
(1) Time limit. Such permits may be issued for a period not to exceed one year. The building inspector/code enforcement officer may renew such permits for additional periods of up to one year for each permit upon written receipt of an application at least 30 days prior to the expiration of the current permit.
(2) Legend. The off-site sign may contain advertising in connection with the subdivision, development firm, building contractor or real estate sales firm and may refer to materials, appliances, supplies and building trades used in the construction of the dwelling units, or services provided by the developer.
(3) Location. Any subdivision development sign shall comply with all applicable setback requirements for the district in which the property is located, except that corner lots are not required to meet setbacks if visibility for traffic is not impaired. No such sign shall be permitted to remain in one subdivision or in one unit of a subdivision for the purpose of advertising the sale of lots or structures in another subdivision, or another unit within the same subdivision, without the express permission of the building inspector/code enforcement officer.
(B) Certain exempt signs. Those exempt signs specified within subsections (B)--(E), (G) (no-trespassing and no-solicitation signs only), (H)--(J), (L) and (M) of Section 96.40, Exempt Signs.
(C) Those signs erected in connection with an approved special use provided it is determined by the corporate authorities that:
(1) The signage is necessary for the conduct of the business of the special use.
(2) The overall signage will not alter the essential character of the locality in which it is located.
(3) The location, height, size (not to exceed two square feet), mechanical features such as illumination and materials of construction of individual signs shall be such that the signs will not hinder or discourage the appropriate development and use of adjacent residential lands or structures, or that the value of the surrounding area is not impaired.
(D) Signs promoting social events (examples: wildcat signs, birthday signs, anniversary, special parties, sports, school signs, non-profit signs). No fee or permit required.
(E) Garage sale signs not exceeding six square feet in area may be placed curbside, not to exceed three days. No fee or permit is required. (Ord. 1607, passed 12-16-03)

(A) Computation of sign area allowance. Subject to the limitations and restrictions otherwise provided in this code, the total area of all signs permitted to be displayed upon a property shall be computed to the following formula:

All freestanding signs shall be limited to 100 square feet in area per sign face.

For all wall-mounted signs on commercial and industrial structures, the individual structure and/or store frontage shall be used to calculate individual sign areas as follows:

A sign equivalent in square footage to 300% maximum of the lineal front footage of the commercial structure (or in the case of a multi-tenant commercial structure, for each store a sign equivalent in square footage to 300% maximum of the lineal frontage of the store) shall be allowed.

(B) Signs in any commercial, office or industrial district shall conform to the requirements in the subsections below:
(1) Freestanding shopping center signs. No sign face of a freestanding shopping center sign shall exceed 100 square feet in area. No single freestanding shopping center sign shall exceed 200 square feet in total area regardless of the number of faces of the sign. A maximum of four sign faces for freestanding shopping center sign, whether on one sign or on multiple signs, shall be permitted on or in connection with any shopping center; provided, however, that only one freestanding shopping center sign per shopping center shall be permitted, unless the shopping center has multiple street frontages, in which event one such sign may be erected along each frontage, subject to the limitation on the number of sign faces provided above.
(2) Flush mounted shopping center signs. No flush-mounted wall sign in any zoning district shall:
(a) Project more than 18 inches from the wall or surface to which it is attached. If such wall or surface is not vertical, the projection shall be measured from the closest point of the wall or surface to the sign.
(b) Extend above the roofline of the building to which it is attached.
(3) Window signs. The area of signs mounted in display windows shall not be deducted from the sign area allowance of the particular establishment.
(4) Special event signs. Banners, streamers and similar devices for special events.
(5) Canopy signs. Such signs shall be considered flush mounted (wall) signs and shall meet the requirements of subsection (A) of this section.
(6) Freestanding signs. No more than one freestanding sign shall be displayed on any street front of any premises. Freestanding signs, whether mounted on the ground or post mounted, shall comply with the following regulations:
(a) No part of any freestanding sign shall be placed on private property so that “line of sight” is blocked.
(b) When attached to its structural supports, no part of any freestanding signs shall extend more than 20 feet above the ground or pavement. (Ord. 1607, passed 12-16-03)

Except as specifically provided otherwise in this code, the following signs and displays are strictly prohibited everywhere in the city:
(A) Signs painted directly on any exterior wall of any building or other structure not built for said purpose.
(B) Signs in the public right-of-way.
(C) Pennants, streamers, banners, posters, ribbons, strings of light bulbs, spinners, gas-filled objects, the outlining of windows with neon tubing or strings of lights, or other similar devices that move, except for special events; blinking or flashing signs except whose primary function is for time, temperature and date; excluding motion picture theaters and the B-2A Central Business District, and for use as holiday decorations.
(D) Commercial signs attached to trees, fences (excluding warning signs on fences) or public utility poles, other than warning signs issued by government officials or public utilities.
(E) Abandoned or defunct signs, including the posts or other supports thereof, that advertise or identify an activity, business product or service no longer conducted or available on the premises where such sign is located. In the case of a conforming can type sign, the can may remain on the condition that the face identifying the business is removed and the can and internal wiring is protected by installing an opaque face.
(F) Moving signs, which move or assume any motion constituting a non-stationary or fixed condition except for the rotation of barber poles and permissible changing signs. This section is not meant to prohibit any form of vehicular signage area such as a sign attached to a bus or lettered on a motor vehicle.
(G) Hazardous signs. No sign shall be erected, relocated or maintained so as to prevent free ingress, egress or access from any door, window, fire escape, driveway, and utility line, or to create a traffic hazard.
(H) Projection signs which are suspended from or supported by a wall, awning or canopy and which are approximately perpendicular thereto; excluding motion picture theaters and the B2-A Central Business District.
(I) Roof signs. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building is prohibited.
(J) Hologram signs.
(K) Signs which bear or contain statements, words or pictures of an obscene, pornographic or immoral character, or which contain advertising matter that is untruthful.
(L) Signs that emit audible sound, odor or visible matter.
(M) Signs which by the reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide or interfere with traffic flow or any street sign, signal or device.
(N) Electronic reader boards. (Ord. 1607, passed 12-16-03)

No person shall park any vehicle or trailer on a public right-of-way, public property or private property so as to be visible from the public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of:
(A) Providing additional signage for a business premises.
(B) Providing advertisement of products or services and directing people to a business or activity located on the same or nearby property or any other premises. (Ord. 1607, passed 12-16-03)

Illumination of signs is permitted, subject to the following requirements:
(A) The light from any illuminated sign shall be shielded or directed so that the light intensity or brightness creates neither a nuisance to adjacent property nor a traffic hazard.
(B) No reflective type bulb and no strobe light or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign in such a manner as to expose the face of the building, light or lamp to any public street or adjacent property. (Ord. 1607, passed 12-16-03)

The following signs shall be exempt from the fee and permit provisions of Section 96.20. All such signs shall conform to all setback and location requirements of this chapter and shall conform to all building, structural and electrical ordinances and regulations of the city.
(A) Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no-parking areas, valet parking availability, restrooms, public telephones and walkways. Such signs shall not exceed three square feet (the size may be superceded by federal regulations), and shall not be considered freestanding signs.
(B) The flag of any country, state or unit of local government.
(C) Government or public signs such as traffic control signs, railroad crossing signs, legal notices and signs indicating the location of underground cable.
(D) Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings provided such signs are designed and located to be viewed exclusively by the patrons or residents of such building and are not visible from the exterior of the building.
(E) Memorial signs and plaques, names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or other incombustible material.
(F) Notice bulletin boards not over 32 square feet in area for public, charitable or religious institutions or nonprofit organizations that are located on the premises of said institution. The building inspector/code enforcement officer must approve location and type of construction.
(G) No trespassing, no solicitation or no dumping signs not to exceed three square feet in area per sign.
(H) House numbers and name-of-occupant signs located on the lot to which the lot applies. Such signs shall not exceed three square feet for single-family dwellings or six square feet for multiple-family dwellings.
(I) Political campaign signs announcing candidates seeking public office or political issues or other pertinent information. In any residential district, political campaign signs shall not exceed 16 square feet; in other districts, such signs shall not exceed 32 square feet. Political campaign signs shall be removed within seven days after the election to which they pertain. They may be posted not more than 45 days prior to an election.
(J) Real estate signs indicating the sale, rental or lease of the premises in which they are located. Such signs on residential property shall not exceed 12 square feet. On other property such signs shall not exceed 32 square feet. Not more than one real estate sign per street front shall be erected on any lot. Such signs shall be removed within seven days after the sale, rental or lease.
(K) Window signs and displays, as defined in Section 96.05, Definitions, which shall conform to the following:
(1) Total coverage limitations. The total area of all window signs present on a property shall not exceed 25% of the window area of the building front facing the roadway. Only one window sign is permitted in each window and any one window may not be covered by more than 50% of the window area. Buildings with frontage on more than one dedicated street shall determine the amount of window signage per street frontage.
(2) Window displays. No restrictions are placed on window displays. No window display may be maintained which has the effect of circumventing the intent of this section with respect to signage. If material purporting to be a window display has such effect, it shall be deemed to be a window sign and not a window display.
(3) Certain information generally permitted. The reasonable application upon a window or the glass surface of a door of lettering or decals giving the address, hours of business, entrance or exit information, professorial or security affiliations or memberships, the acceptance of credit cards or other similar information, shall not be considered as the display of signs for purposes of this chapter.
(4) Upper story locations. An activity whose only windows are on the second or third story of a building may display the name and a brief generic description of the business conducted by the activity, without advertising material, in letters not to exceed six inches in height. The coverage of allowable sign area limitations of this chapter shall not apply to the windows described herein.
(5) Permanent electrical window signs shall be connected to an approved convenience outlet of sufficient load capacity by not more than a six-foot long cord. Electrical signs not provided with an approved cord or where a convenience outlet is not within six feet shall be installed according to the electrical code of the city of Wilmington (NEC) and an electrical permit shall be obtained.
(L) Public interest signs publicizing a charitable or nonprofit event of general public interest. Such signs may be erected only on private property. In any residential district, such signs shall be limited to places of worship and to 32 square feet. Public interest signs shall be permitted only for 14 days before and seven days after the event to which it pertains.
(M) Subdivision entrance signs identifying a residential subdivision or apartment complex. Such signs shall contain no commercial advertising and shall not exceed 60 square feet.
(N) New or expanding business signs of a temporary nature which shall conform to the following:
(1) No more than one sign not to exceed 32 square feet may be erected in a commercial, office or industrial district and must conform to the location and construction requirements of this chapter.
(2) Window signs identifying a new business may be installed in commercial, office or industrial districts. The total area of such signs shall not exceed 20% of the total window area.
(3) Any sign may be displayed for 90 days. The building inspector/code enforcement officer may extend the time limit for an additional period of 90 days upon written request of the business license.
(O) Signs promoting social events (examples: wildcat signs, birthday signs, anniversary, special parties, sports, school signs, non-profit signs). No fee or permit required.
(P) Garage sale signs not exceeding six square feet in area may be placed curbside, not to exceed three days. No fee or permit is required. (Ord. 1607, passed 12-16-03)

The following signs shall be temporary with a permit and the approval of the ordinance and license committee. All such signs shall conform to all setback and location requirements of this chapter and shall conform to all building, structural and electrical ordinances and regulations of the city:
(A) Mobile/portable signs.
(B) A-frame, sandwich board, sidewalk or curb signs.
The city of Wilmington may issue the owner of property a permit to place a temporary sign up to a maximum of 14 consecutive days with no more than four permits issued each year.
The city of Wilmington may issue to a city-based not-for-profit civic, financial, religious or community organization, a permit to promote and/or direct the public to sponsor its event within the city so long as such signs are in place for no more than 14 consecutive days with no more than four permits issued each year.
At least five business days prior to the proposed sign permit, the owner of the property shall apply to the city for a temporary sign permit on a form provided by the city and pay a temporary sign permit application fee of $25. (Ord. 1607, passed 12-16-03)

(A) The building inspector/code enforcement officer shall have the authority to remove or cause to be removed any sign that endangers the public safety, and any abandoned or materially, electrically or structurally defective sign or a sign for which no required permit has been issued. The building inspector/code enforcement officer may remove signs endangering the public safety immediately. Notice of intent to remove such signs shall be given when it is practical to do so in terms of the hazard presented. With respect to abandoned or materially, electrically, or structurally defective signs or signs for which no permits have been issued, the building inspector/code enforcement officer shall issue a notice which shall describe the sign, the property, and specify the violation involved. The notice shall state that if the sign is not removed or the violation is not corrected within 10 days, the sign will be removed in accordance with the provisions of this section and shall specify the penalties and fees to be assessed in that event. In the case of a sign, that in the opinion of the building inspector/code enforcement officer, endangers the public safety, no written notice is required to be given prior to the removal of the sign or sign structure.
(B) All notices issued by the building inspector/code enforcement officer shall be sent by certified mail or by personal service (except that notice in connection with signs endangering the public safety may be given in the manner indicated in subsection (D) of this section). The time periods provided in this section shall be deemed to commence on the date of the receipt of the notice by certified mail. The notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. The notice shall also be mailed to or delivered to the owner of the sign and the occupant of the property, if known, or with reasonable care may be discovered.
(C) Any person having an interest in the sign or the property may appeal the determination of the building inspector/code enforcement officer ordering removal or compliance by filing a written notice of appeal with the ordinance and license committee within 30 days.
(D) In cases of emergency where a sign’s condition poses an imminent danger to persons or property, the building inspector/code enforcement officer may cause the immediate removal of a dangerous or defective sign. In emergency situations, the building inspector/code enforcement officer shall notify the occupant of the property, the owner of the property, and the owner of the sign by the best means available, including telephone, as soon as reasonably possible. However, if the danger created by the sign threatens public streets, ways or sidewalks, or publicly owned property, the building inspector/code enforcement officer may remove the sign, or cause it to be removed, without actual notice. The notice in emergency situations shall provide an opportunity for an immediate hearing before the sign code board of appeals if any person with an interest in the property or the sign so requests.
(E) Any sign removed by the building inspector/code enforcement officer pursuant to the provisions of this section shall become the property of the city after 14 days if not claimed by the owner and may be disposed of in any manner deemed appropriate by the city. The cost of the removal and storage of the sign shall be a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate action by the city. The cost of the removal and storage shall include all incidental expenses incurred by the city in connection therewith. The owner of a sign removed by the city under this section, and the property owner shall also be assessed an additional five percent of the cost of removal for inspection and incidental costs and an additional 10% of the cost of removal for the cost of collection, each of which may be recovered in an appropriate court action by the city.
(F) In the event that the owner of the premises, or person entitled to the possession, or the owner of the sign, fails, neglects or refuses to comply with a notice to repair, rehabilitate, remove or demolish a sign declared to be unlawful, the owner of the sign, the owner of the premises upon which the sign is located, and the person entitled to possession thereof, if other than the owner of the premises, or all or any of them, may be prosecuted for violation of this code.
(G) If it is necessary to remove a sign pursuant to the provisions hereof, the normal purchasing procedure of the city shall be followed whenever practical. When completed, the executive secretary shall be notified of the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown on the tax rolls of the relevant municipal area, together with a statement of work performed, the date of performance and the cost thereof. The executive secretary shall mail notice to the owner of said premises as shown on the tax rolls, at the address shown on the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this code, stating the date of the performance of the work, the nature of the work, and demanding payment of the costs thereof, together with five percent for inspection and other incidental costs in connection therewith. Such notice shall state that if the amount is not paid within 30 days, there shall be a 10% penalty for collection by a civil court action.
(H) For all other purposes hereinafter, the owner of the premises shall be presumed to be the owner of the signs thereon, unless the contrary appears from facts brought to the attention of the building inspector/code enforcement officer. (Ord. 1607, passed 12-16-03)

(A) Legal nonconforming signs defined. Any advertising structure or sign which was lawfully erected and maintained prior to the time it became subject to this code and any amendment thereto, and which falls to conform to all applicable regulations and restrictions of this code, or a nonconforming sign for which a special permit has been issued, shall be a legal nonconforming sign.
(B) Signs eligible for characterization as “legal nonconforming.” Any sign located within the city limits on the effective date of this code, or located in an area annexed to the city thereafter, which does not conform with the provisions of this code, is eligible for characterization as a “legal nonconforming” sign and is permitted, provided it also meets the following requirements:
(1) The sign was covered by a sign permit or variance on the date of adoption of this code, if one was required under applicable law.
(2) If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this code.
(C) Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming status if:
(1) The sign is altered in any way in structure or copy except changeable copy signs and normal maintenance.
(2) The sign is relocated.
(3) The sign is replaced.
On the occurrence of any one of subsections (C)(l), (2) or (3), the sign shall be immediately brought into compliance with this code and a new permit secured therefor, or the sign shall be removed. (Ord. 1607, passed 12-16-03)

(A) Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this code regarding safety, maintenance and repair of signs. However, any repainting, cleaning and other normal maintenance or repair of the sign or sign structure may not modify the sign structure or copy in any way which makes it more nonconforming, or the sign shall lose its legal nonconforming status.
(B) Prior to the time for amortization specified in Section 96.53 hereof, any legal nonconforming sign may be modified or relocated so as to make it conforming. (Ord. 1607, passed 12-16-03)

For the purposes of administering the provisions of this chapter, the owner of any sign shall, within 30 days of the receipt of a request from the building inspector/code enforcement officer, furnish information in such detail as may be reasonably required by the building inspector/code enforcement officer to determine the extent of conformity of the owner’s sign. (Ord. 1607, passed 12-16-03)

(A) The following design standards provide for the use of signs that eliminate distractions or hazards to both motorists and pedestrians, are well maintained and are attractive, avoid visual clutter and are compatible with their surroundings.
(B) All signs shall conform to the design standards set forth herein. (Ord. 1607, passed 12-16-03)

Signs shall be adequately legible under the circumstances in which they are primarily seen. The legibility of signs is related to:
(A) The design, colors and contrast of the sign copy and sign face. The design of the sign including copy, lettering size and style, and colors shall logically relate to the predominate speed of traffic which will see it. Signs shall legibly convey their messages without being distracting or unsafe to motorists reading them. (Ord. 1607, passed 12-16-03)

Signs shall not detract from the general appearance and architectural character of their surroundings including streets, buildings and other signs in the area. Signs shall not be designed to compete with one another but shall contribute to the composite legibility and attractiveness of streets within the city. (Ord. 1607, passed 12-16-03)

Signs shall be carefully crafted, durable and consistent with the quality and permanence of the buildings and sites that they identify.
(A) Use of natural materials. Natural materials such as wood, stone or brick are encouraged for signs. (Ord. 1607, passed 12-16-03)

All signs shall be regularly maintained and repaired or replaced in response to the aging and weathering of their materials. (Ord. 1607, passed 12-16-03)

(A) Freestanding signs. The scale of freestanding signs shall be compatible with the building or buildings they identify and the signs shall not be of such a size that they visually overpower the buildings on the site.
(B) Building signs (signs attached to, or part of, a building or structure on the site other than freestanding signs). Building signs shall be harmonious in scale and proportion with the building facade they are mounted to and with the architectural elements of the building such as windows, cornices, sign friezes and bays. Signs that are part of building elements such as walls, windows, canopies, awnings and mansard roofs shall not visually overpower those elements nor detract from the composition of the building facade. (Ord. 1607, passed 12-16-03)

(A) Freestanding signs. The silhouette and outlined shape of freestanding signs shall be simple and compatible with the building to which it relates. Signs of excessively complicated outline or composed of many different connected shapes are unacceptable. Freestanding signs should have an attractive combination of pole skirts, landscaping, berms and/or similar treatments to provide a visual base for the sign and integrate the sign into the overall architecture, landscaping and topography on the site. Brick, wood, stonewalls or properly treated metal will be acceptable material to be used for pole skirts and must be compatible with the material used in the sign. Freestanding signs may not obstruct or limit the sight distance of motorists within any sight triangle as defined in this chapter.
(B) Building signs. The silhouettes and outlined shapes of building signs shall be compatible with the building facade they are mounted on. Shapes that disrupt the architectural order and composition of a building facade are unacceptable. (Ord. 1607, passed 12-16-03)

(A) Freestanding signs. Freestanding signs shall not be placed close against a building so that they obscure important architectural features such as entrances, display windows or decorative cornices when viewed from the street.
(B) Building signs. Sign placement on a building shall respect and not disrupt the architectural composition of the building facade. No part of any sign should overlap or cover the architectural edges and lines of the building such as cornices, eaves, window and doorframes, columns, decorative elements and corners.
(C) Mansard signs. Mansard signs shall be mounted directly to the mansard surface, or shall be mounted in a manner that it consistent with the architecture of the building facade and roof. (Ord. 1607, passed 12-16-03)

(A) Sign copy. Information shall be brief enough to be legible under the circumstances and speed at which it will be seen and should be composed in proportion to the area of the sign face.
(B) Quantity and size of copy. Signs, other than changeable copy and multi-tenant freestanding signs, shall have no more than 10 items of information that are greater than or equal to two inches of height on the sign face. For the purposes of these guidelines, all individual words, symbols, figures, numbers or illustrations excluding punctuation marks shall be considered items of information.
(C) Alternative copy. The use of simple pictures symbols or logographs is encouraged as a replacement for words that describe the name or nature of a business or use. (Ord. 1607, passed 12-16-03)

(A) Legible. Lettering styles on signs shall be legible under the circumstances and speed at which they will be seen.
(B) Readable. Simple and easily readable lettering styles shall primarily be used and specialized; decorating lettering styles shall be adequately legible and compatible with the architectural concept for the property.
(C) Styles. The number of different lettering styles on a sign or on a series of signs within a complex of buildings shall be minimized and shall relate to the overall architectural concept for the property.
(D) Spacings. Lettering and copy shall not be crowded onto the surface of a sign or building surface and shall be composed to leave ample space around the copy to preserve legibility. (Ord. 1607, passed 12-16-03)

(A) Appearance. The visual appearance of signs on a street shall be harmonious, orderly and reinforce the architectural character of the street. Colors or combinations of colors that are harsh and disrupt the visual harmony and order of the street are unacceptable.
(B) Color tones. Bold, bright or harsh colors shall be used sparingly, as accents on a sign, rather than as predominant colors. Strong contrasts of tone or color shall be avoided except when necessary for legibility.
(C) Color of frames and supportive members. Visible frames, supports or structural elements of signs that are not part of the sign face shall be of subdued coloring, or, if made of brick, stone or wood, shall be of natural colors compatible with the natural finish of the material. (Ord. 1607, passed 12-16-03)

Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following:
(A) Installation or application. Illumination shall be installed or applied such that:
(1) The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure.
(2) The light source is external to the sign and is directed to and concentrated on the sign.
(3) The light source is supplied by neon tubing.
(B) Glare. Illumination shall be prevented from causing a glare on the street or nearby properties.
(C) Protection of light source. Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing.
(D) Motion. Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights.
(E) Appearance. Signs that are illuminated shall be designed to be equally attractive whether illuminated or not.
(F) Degree of illumination. The intensity of illumination for the sign shall not be excessively bright and shall be even over the face of the sign with no bright spots.
(G) Freestanding signs. Freestanding signs may be illuminated internally or by concealed fixtures so that no reflectors, extension arms or fixtures are visible from the street.
(H) Building signs. Signs that are part of a building shall have internal lighting or a concealed means of illumination. The only exception shall be decorative fixtures that are consistent with the architectural style of the building and do not disrupt the order and composition of the building facades. (Ord. 1607, passed 12-16-03)

Freestanding signs shall be landscaped at their base in a method harmonious with the landscape concept for the whole site. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer. However, landscaping materials should be of such a height so as not to interfere with line of sight area below the bottom of the sign and the finished grade. A minimum of two square feet of landscaping will be required for every one square foot of sign face, but not less than 20 square feet. The landscape area shall be curbed at the perimeter with continuous reinforced portland cement concrete curbing when the sign is incorporated into a hard-surfaced parking area. (Ord. 1607, passed 12-16-03)

Company logos or identification logos of a prototypical design on signs shall conform to all the provisions in these guidelines and shall stay within the spirit and intent of these guidelines regarding the visual order and restraint of the street environment. (Ord. 1607, passed 12-16-03)

(A) Harmony and unity of signs. There shall be an architectural harmony and unity of signs within shopping centers/multi-tenant buildings. Sign type, color scheme, lettering, size, placement of the sign, number of the lines of copy and illumination shall be coordinated and shall be compatible with the architecture of the shopping center/multi-tenant building.
(B) Freestanding signs. Freestanding signs identifying shopping centers/multi-tenant buildings may identify the name of the center or complex and shall have no more than eight separate tenants per sign face within the complex or center.
(C) Building signs. Building signs in a shopping center/multi-tenant building shall be in harmony with the overall architectural style for the site and be compatible with each other and with the building facades. Separate business signs shall be located uniformly on a sign frieze. Canopy or other appropriate architectural elements consistent with the architectural style for the center or complex as a whole shall be adequately separate from one another.
(D) Written sign criteria. All shopping centers/multi-tenant buildings shall submit a written sign criteria that will be used to carry out the intent of the sign proposal as required under this section. Upon approval by the building inspector/code enforcement officer, this criterion shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping center/multi-tenant building. (Ord. 1607, passed 12-16-03)

(A) Percent of sign area/sign face. Changeable copy may be incorporated into a single tenant freestanding sign face when the changeable component of the sign face occupies less than 25% of the total area of that sign face.
(B) Proportion and appearance. Changeable copy on a sign face shall be composed in proportion to the entire sign face with a border or similar treatment around the changeable copy to integrate it into the sign face.
(C) Lettering. Lettering of changeable copy shall be of a single, simple, easily legible lettering style and shall be of uniform color and size throughout the changeable copy portion of the sign. (Ord. 1607, passed 12-16-03)

The person erecting, altering or relocating a sign shall notify the building inspector/code enforcement officer upon commencement of any work for which permits are required.
(A) Inspection. The building inspector/code enforcement officer shall administer an annual inspection program to insure that signs are in a safe condition as to electrical, structural and material specifications of this code.
(B) Maintenance. Every sign in the city, irrespective of whether permits or permit fees are required, shall be maintained in good structural condition at all times. Upon inspection, the building inspector/code enforcement officer shall have the authority to order the painting, repair, alteration or removal of signs that constitute physical hazard to the public safety or are unsightly. A dangerous or defective sign may be removed as provided in Section 96.40.
(C) Signs declared unlawful. The building inspector/code enforcement officer shall declare any sign unlawful if it is not maintained in good condition. (Ord. 1607, passed 12-16-03)

The building inspector/code enforcement officer is authorized and directed to administer and enforce the provisions of this code. The broad responsibility encompasses, but is not limited to, the following specific duties:
(A) To review and pass upon application for sign permits.
(B) To inspect land, structures and land uses to determine compliance with this code, and where there are violations, to initiate appropriate corrective action. The building inspector/code enforcement officer is empowered to enter any building or premises in order to enforce and administer the code.
(C) To review and forward to the ordinance and license committee all applications for variations.
(D) To maintain up-to-date records of this code and related matters including, but not limited to, sign permits, variations, decisions of the sign code board of appeals and amendments.
(E) To periodically review the provisions of this code to determine whether revisions are needed and make recommendations as necessary.
(F) To provide information to the general public on matters related to this code. (Ord. 1607, passed 12-16-03)

The building inspector/code enforcement officer may deny an application for a sign permit whenever the proposed sign does not comply with all of the requirements of this chapter. The building inspector/code enforcement officer may suspend or revoke a permit issued under the provisions of this section whenever the permit issued is on the basis of a misstatement of fact or fraud.
When a sign permit is denied, revoked or suspended, the petitioner shall be notified by certified mail of such action, with a brief written statement of the reasons for the action. Any person having an interest in the sign or the property may appeal the determination of the building inspector/code enforcement officer ordering removal or compliance by filing a written notice of appeal with the ordinance and license committee within 30 days. (Ord. 1607, passed 12-16-03)

The remedies provided in this section, for violations of, or failure to, comply with provisions of this code, whether civil, criminal or for sign removal, shall be cumulative and shall be in addition to any other remedy provided by law. It is intended that the civil penalty provided herein shall be used in preference to the criminal penalty, except in case of repeated, malicious, willful, prolonged or flagrant violations of this code. (Ord. 1607, passed 12-16-03)

The violation of, or failure to comply, with any of the provisions of this code, or the erection, use or display of any sign not in compliance with all of the provisions of this code shall be and is declared to be unlawful.
(A) Injunction and abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who violates or fails to comply with any provision of this code or the erector, owner or user of an unlawful sign or owner of property on which an unlawful sign is located, to prevent, enjoin, abate or terminate violations of this code or the erection, use or display of any unlawful sign.
(B) Penalty. Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first offense be fined not less than $50 nor more than $750, for a second offense within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent offense within one year after the first offense, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1607, passed 12-16-03)

As an additional means of enforcing this code, the building inspector/code enforcement officer may accept an assurance of discontinuance of any act or practice deemed in violation of this code or of any rule or regulation adopted pursuant thereto, from any person engaged in, or who has engaged in such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to abide with the stipulations of any such assurance shall constitute prima facie proof of a violation of this code or any rule or regulation adopted pursuant hereto or order issued pursuant thereto. (Ord. 1607, passed 12-16-03)