§ 4-114. Applicability.

(a)

Applicability—general. This article shall apply to all signs erected, placed, painted, installed or otherwise made visible on private or public property in the city, except as otherwise provided herein. All signs displayed in the city shall comply with all requirements of this article and all other applicable law. Permits shall be required for all signs in the city except as specified herein.

(b)

Compliance required. No sign, outdoor advertising, structure, billboard or display shall be erected, installed, located or maintained in any zoning district of the city, except in conformity with these regulations. New signs, additional signs, relocations or structural alterations of existing signs also require sign permits.

(c)

Exemptions. The following signs or sign elements are exempt from the provisions of this article but are subject to any other applicable laws and regulations, including but not limited to building and electrical codes:

(1)

Any sign installed in a building or enclosed space and not legible from the public right-of-way or from private or public property other than the property on which it is located;

(2)

Internal signs. Signs not intended to be viewed from public right-of-way and located not to be visible from public right-of-way or adjacent properties, such as signs interior to a shopping center or mall, commercial buildings and structures. Signs located within ball parks, stadiums and similar uses of a recreational or entertainment nature are considered internal signs.

(3)

Signs on mass transit vehicles operating in or passing through the city; and

(4)

Vehicle sign. Any sign attached to a vehicle or trailer that is used in the normal day-to-day operation of the business advertised on the vehicle. The primary use of any vehicle or trailer, which contains a vehicle sign, must be to serve a useful function in the transportation or conveyance of persons or commodities from one (1) place to another, including transportation to and from work. A vehicle or trailer primarily used for advertising shall not be considered a vehicle or trailer used in the conduct of business and is prohibited. Vehicles or trailers used in the day-to-day operation of the business shall be parked at the loading area, employee entrance, or main entrance to the business advertised on the vehicle. A vehicle parked on the perimeter of a parking lot next to a public street is considered to be advertising and is prohibited.

(5)

Murals. In the B-3, Central Business District, only, murals on the sides of buildings, subject to the following conditions:

a.

No mural may contain a commercial message of any kind related to any existing business or other commercial activity. Any mural containing a commercial message in violation of this section shall be considered an illegal sign, subject both to abatement and to penalties applicable to illegal signs;

b.

No mural may appear on the front of any building; murals shall be allowed on the side of a building whether or not that side abuts a street.

c.

Murals shall be painted on the building or installed in a way that does not affect the structural integrity of the building and that does not impair any means of egress from the building.

(d)

Signs subject to other standards. Signs listed in this section shall be exempt from the permit requirements of this article; but, shall, to the maximum extent allowed by law, be subject to the other standards of this article. Where a sign is erected pursuant to a statute or a court order, the sign may exceed the size standards of this article or otherwise deviate from the standards set forth in this article to the extent that the statute or court order expressly requires the larger size or other deviation. In all other respects, such signs shall conform to the standards of this article. This subsection shall apply to the following types of signs:

(1)

Signs conforming to the Manual of Uniform Traffic Control Devices and bearing no commercial message;

(2)

Signs bearing no commercial message and installed by employees or officials of the city, Colbert County, a state or federal agency in the course of their governmental duties;

(3)

Signs required by a state or federal statute;

(4)

Signs required by an order of a court of competent jurisdiction;

(5)

Signs installed by public utilities in their rights-of-way or on their facilities and bearing no commercial message other than such message is necessary to identify the use; and

(6)

Signs installed by a transit company or agency with a franchise or other right to operate in the city, where such signs are installed along its routes and relate to schedules or other information about the transit route.

(e)

Permanent signs allowed without permits.

(1)

Applicable rules. The permanent signs or sign-like devices listed in this subsection (e) are allowed in all zoning districts without a sign permit, subject to the following rules and principles:

a.

Signs subject to this subsection (e) are not to be included in determination of the total numbers, type and area of sign allowed on a site.

b.

If a sign otherwise falling under this section is electrified, it will require an electrical permit.

c.

Nothing in this section shall exempt an individual, who desires to erect a sign from the necessity of obtaining a building permit, should such be required by the adopted building code.

d.

Signs listed in this subsection must conform to the standards enumerated in this subsection (e) and to other standards of this sign ordinance applicable to all signs.

(2)

Specific sign types. The provisions of this subsection apply to the following types of signs:

a.

Address numbers. Address numbers used for the purposes of identifying the E-911 address of a residential or nonresidential property are allowed providing they are not part of a building or freestanding sign with other commercial or noncommercial messages or images. An address shown as part of a building or wall sign on a nonresidential property shall be counted toward the maximum allowable display area.

b.

Directional signs. A sign that is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property which the public is directed. No such sign shall display the name of a product, establishment, service or any other advertising other than a logo. No directional sign shall exceed five (5) square feet.

c.

Directory signs. Wall-mounted signs, which are not designed or located so as to be legible from any street or adjoining property, listing the businesses, tenants, or activities conducted within a building or group of buildings. Directory signs are limited to one (1) per public entrance to a building and shall not exceed twenty (20) square feet in size.

d.

Incidental signs bearing no commercial messages but providing information or warnings related to the site, facilities or activities on the site, provided that a freestanding incidental sign shall not exceed two (2) square feet in size or four (4) feet in height and an incidental sign affixed to a building or structure shall not exceed two (2) square feet in area. Examples of incidental signs include but are not limited to "No trespassing," "No parking," "Beware of dog," "Phone," "ATM," "Restrooms," "No smoking," or "Entrance" or "Exit."

e.

Holiday decorations. Temporary holiday decorations used to celebrate a single holiday or season.

f.

Window sign. Window signs may cover up to twenty-five (25) per cent of the window area of any non-residential use; a window sign may bear any message except a commercial message that relates to goods or services not offered on the premises where the sign is displayed.

(f)

Other actions allowed without a permit. The following signs and actions related to signs shall be exempt from the permit requirements of this article but shall be subject to all other standards of this article.

a.

Changing of the advertising copy or message on an existing painted or printed sign, marquee, changeable copy sign or a similar conforming sign, whether electrical, illuminated, electronic message center or non-illuminated painted message, provided that the copy on an electronic message board shall not change more frequently than allowed under section 4-123(d)(2);

b.

Painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural alterations;

c.

Installation of permanent signs smaller than four (4) square feet where such signs are allowed by this article, contain no commercial message and involve no electrical installation; and

d.

Installation of temporary signs not larger than four (4) square feet, where such signs are allowed by this article and conform with this article in all respects.

(Ord. No. 09-1123, 11-23-2009)