CHAPTER 12-A. SIGNSCHAPTER 12-A. SIGNS\Article 1. General Provisions

It is the intent and purpose of this chapter to:

(a)   recognize that signs are a necessary means of useful communication for the convenience of the public;

(b)   maximize the value of commercial signage as a means of locating and identifying commercial establishments providing goods and services;

(c)   protect, preserve and enhance the aesthetic character of the city of Maize, and thereby encourage the continued development within the city;

(d)   ensure that signage does not obscure the architectural and natural features of the city, and is of a scale and proportion compatible with the aesthetic character of the city;

(e)   protect the public from hazardous conditions that can result from signs which are structurally unsafe, obscure the vision of motorists, create dangers to pedestrian traffic, or compete or conflict with necessary traffic signals and warning signs.

(f)    promote an overall visual effect which has a minimum of clutter.

(g)   eliminate distracting lighting and excessive glare by reasonably limiting the illumination of signs to subdued, adequately shielded or concealed light sources.

(h)   assure that signs are promptly removed once the business, service or other activity advertised is no longer provided.

(Ord. 890)

Any amendments to the Sign Code Ordinance shall be forwarded to the Maize City Planning Commission for their review and comment.

(Ord. 890)

As used in this Chapter 12A, the following words shall have the following meanings. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

(a)   Abandoned sign. Any sign remaining in place which for a period of one hundred eighty (180) days or more which no longer advertises or identifies an ongoing business, product, service, idea or commercial activity located on the site.

(b)   Architectural feature means a prominent or characteristic part of a building, including but not limited to windows, columns, marquees or fascia.

(c)   Art means things that have form and beauty, including paintings, sculptures or drawings.

(d)   Attention-getting device means any flag; streamer; spinner; pennant; light; balloon; continuous string of pennants, flags, inflatables, wind flags, flying signs, blimps or fringe; or similar device or ornamentation used primarily for the purpose of attracting attention for promotion or advertising a business or commercial activity which is visible by the general public from any public right-of-way.

(e)   Awning means a roof-like cover extending over or in front of an opening such as a window or door, intended to provide shelter from the elements. An awning may be made of any material compatible with the design of the building.

(f)    Backlit sign means an indirect source of light which illuminates a sign by shining through a translucent surface of a sign, including plastic signs, lit from an internal light source.

(g)   Banner means any advertisement device affixed to building or fence belonging to business which is located outdoors, and which is primarily intended to announce or promote a civic event, grand opening, sale or which serves as a decoration for special holidays.

(h)   Billboard means a permanent structure sign which meets any one or more of the following criteria:a) it is used for the display of off-premises commercial messages; b) it is used for general advertising for hire; c) it functions economically and operationally independent from the principal use of the land on which it is located, in contract to functioning as an accessory or auxiliary to a principal use which is not a sign.

(i)    Building frontage means the width of a building facing a street, public access way or city right-of-way. In the case of a corner lot or lot bounded on more than two (2) sides by public rights-of-way, the building frontage may be either or any of the street frontages, but not more than one (1) frontage. Where more than one (1) side of a building faces a street, the side classified as the building frontage may be chosen by the property owner.

EXCEPTIONS: When a place of business has an entrance on either side of the building for the public to enter (business is a block long or more) then both could be considered having frontage and therefore have signs allowed per frontage and zoning.

(j)    Building sign means an on-site sign attached to or painted onto a wall, awning, canopy, building or structure or that is attached to, but not painted on a roof structure or roof surface, the height of which shall not exceed the height of the roof or wall parapet, or of any of the following:

(1)   the highest point of the coping of a flat roof;

(2)   the deck line of a mansard roof;

(3)   the average height between the eaves and ridge line of a gable, hip or gambrel roof or three (3) feet above the finished roof deck if the average height of a gable, hip or gambrel roof is less than three (3) feet above the bottom or lowest edge of the roofline; EXCEPT that a building or structure that was constructed prior to this code being adopted, that does not have an area at least three (3) feet tall and twenty (20) feet wide above an unglazed portion of the building elevation, the bottom of which is at least seven (7) feet above grade, may have a building sign which shall not exceed four feet six inches (4’6”) above the roof or parapet.

(4)   does not include window signs.

(k)   Bus bench sign means a sign drawn, painted, printed or otherwise affixed to a bench, such as at a bus stop.

(l)    Bus shelter sign means advertising signs mounted to bus shelters in the right-of-way or on private properties.

(m)  Calendar quarter means three-month periods of time during the year. January, February and March consist of the first calendar quarter; April, May and June, the second; July, August and September, the third; and October, November and December, the fourth.

(n)   Changeable copy sign (automatic) means a sign on which the copy changes automatically, such as electrical or electronic time and temperature units; a sign whose informational content can be changed or altered by manual or electric, electro-mechanical or electronic means. Changeable signs include the following types:

(1)   manually activated: signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means.

(2)   electrically activated: signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. Includes the following two types:

(A)  fixed message electronic signs – signs whose basic informational content has been pre-programmed to include only certain types of information projections, such as time, temperature, predictable traffic conditions or other events subject to prior programming.

(B)  computer-controlled variable message electronic signs – signs whose information content can be changed or altered by means of computer-driven electronic impulses; a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy or display. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix, and also enable changes to be made to messages from a location other than at the sign.

(o)   Civic event means any type of race, parade, show, competition, entertainment or community activity to which the general public is invited, either expressly or by implication.

(p)   Commercial balloon sign means an on-site, temporary sign that is inflated and exceeds five (5) square feet in area, designed to advertise a specific product or service sold, produced or conducted on the premises on which advertising copy, logos, symbols or emblems may or may not be printed, painted or attached. Commercial balloons may be tethered or mounted to a structure or on the ground.

(q)   Community information board means a sign used to publicize community-wide events.

(r)    Copy means any graphic, letter, numeral, symbol, insignia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify or notify.

(s)   Construction sign means a temporary sign identifying an architect, contractor, financier, subcontractor and/or material supplier participating in construction on the property on which the sign is located.

(t)    Corner lot means a lot bounded on two (2) sides by streets which intersect with each other.

(u)   Directional sign means a temporary, non-illuminated sign used to provide assistance in locating a civic event.

(v)   Directory sign means a sign that serves as a common or collective identification of two (2) or more uses on the same property and which may contain a directory to the uses as an integral part thereof or may serve as a general identification for such developments as shopping centers, industrial parks and similar uses.

(w)  Electronic message sign means a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix, and also enable changes to be made to messages from locations other than at the sign. Electronic message signs shall be classified as animated, flashing or moving signs when the rate of copy and/or graphic changes is more than one change per second.

(x)   Flashing sign means a sign with intermittent or flashing light source. Generally, the sign’s message, copy or flashing pattern is constantly repeated.

(y)   Freestanding sign means a sign that is supported by one (1) or more columns, upright poles or braces extended from the ground or from an object on the ground, or that is erected on the ground where no part of the sign is attached to any part of a building, structure or other sign; the term includes pole sign, monument sign and ground sign.

(z)   Garage sale sign means the occasional non-business public sale of secondhand household and other goods incidental to household uses by a person or persons from a residential zoning district.

(aa)  Grand opening sign means a temporary sign intended to advertise the opening or grand opening of the business located on the parcel. It could be a banner or a portable sign.

(bb) Ground sign means a sign placed upon or supported by the ground independently of any building or structure on the property.

(cc)  Height of sign means the vertical distance measured from the highest point of the sign to the natural surface grade beneath the sign. If the sign is a monument sign, the height shall be calculated using the highest point of the sign, regardless of slope.

(dd) Ideological sign means a sign which does not propose a commercial transaction, but instead involves only the expression of ideas or beliefs.

(ee)  Information sign means a sign used to indicate or provide information or direction with respect to permitted uses on the property, including but not limited to signs indicating the hours of operation and such signs as no smoking, open, closed, restrooms, no solicitors, deliveries in rear, current credit card signs, trade association emblems and the like.

(ff)   Institutional use means a building, group of buildings or place of confinement or use of an established organization or foundation dedicated to public service, education or culture, or any church or school.

(gg) Kiosk means a freestanding structure which may have two (2) or more faces and upon which temporary information and/or posters, notices and announcements are posted.

(hh) Lighting, indirect means a light source separated from the sign surface which illuminates the sign surface by means of spotlights or similar lighting fixtures.

(ii)   Lot means a portion or parcel of land, including a portion of a platted subdivision, occupied or intended to be occupied by a building or use and its accessories, that is an integral unit of land held under unified ownership in fee or co-tenancy, or under legal control tantamount to such ownership.

(jj)   Menu display box means a freestanding or wall sign enclosed in glass for the express purpose of displaying menus. For purposes of this article, it shall also mean menus displayed flat against the interior of a window up to four (4) square feet in size.

(kk) Monument sign means a freestanding sign that includes an architecturally designed base or column which is constructed of stone, brick, timbers or other similar material, and is designed to be architecturally compatible with the design of the project.

(ll)   Moving sign means a sign which moves or simulates motion.

(mm)         Neon sign means any sign that is illuminated by tubes filled with neon and related inert gases, including any display of neon lighting tubes which is in view of the general public from a public right-of-way or from any public area, regardless of the shape, size, design or configuration. Neon signs shall not exceed thirty milliamps (30 mA) and the proof is on the sign contractor.

(nn) Off-site sign means a sign which does not advertise a business, merchandise, product, service, entertainment, activity, organization, event, or place which is sold, produced, manufactured, furnished or available on the property where the sign is located.

(oo) On-site sign means a sign advertising an establishment, business, person, activity, goods, product or service located on the premises where the sign is installed and maintained.

(pp) Outline lighting means any arrangement or display of incandescent bulbs or lighting tubes used to outline or call attention to the features of a building, including the building’s frame, shape, roofline or window dimensions. Outline lighting includes both temporary and permanent arrangements of bulbs or lighting tubing, whether located inside or outside of a building if such bulbs or tubing are visible to the public from a public right-of-way or from an outdoor public area.

(qq) Pennants or streamers means pieces of fabric or flexible material, often multicolored, hung either alone or in a series in order to attract attention to a particular business or event.

(rr)   Plane geometric figure means simple circles, rectangles or triangles.

(ss)  Planning administrator means the Planning Administrator or his/her designee.

(tt)   Pole sign means a detached ground sign whose sign face or cabinet is more than two (2) feet above ground level and is supported by poles, pylons or posts.

(uu) Portable sign means a temporary on-site sign designed in such a manner as to be readily movable and not permanently attached to the property, such as A-frames, trailer signs, signs placed on vehicles, beacon lights and other similar signs.

(vv) Projecting (hanging) sign means a sign other than a wall sign, which projects eighteen (18) inches or more from and is supported by a wall of a building or structure, or any sign supported by handrails or a deck.

(ww)         Public place means any outdoor place to which the public or a substantial number of the public has legal access, including but not limited to highways, transportation facilities, parks, playgrounds, recreation facilities, parks, playgrounds, recreation facilities and the outdoor public common areas and accessways owned by the city.

(xx) Real estate development sign means a sign used to identify a proposed real estate development and/or the owners, architects, contractors, real estate agents and lenders involved with the development which is either not under construction, but for which a valid city permit has been issued or is under construction. Sales and lease information may be included on such sign.

(yy) Reflective surface means any material or device which has the effect of intensifying reflected light, including but not limited to Scotch lite, Day-Glo, glass beads and luminous paint.

(zz)  Residential complex sign means all hotel, motel, condominium or multi-family project signs.

(aaa)          Residential nameplate means a type of sign allowed for the sole purpose of identifying the inhabitants of a residential structure, the house name or the address of the residence.

(bbb)         Roof sign means a sign painted on the roof of a building, or supported by poles, uprights or braces extending from the roof of a building, or projecting above the roof of a building, but does not include a sign projecting from or attached to a wall.

(ccc)          Rotating sign means a sign that turns or spins on or around a pole or other similar axis point.

(ddd)         Sandwich board sign means a portable A-frame-type sign with not more than two (2) advertising faces, each face measuring not more than thirty (30) inches in width, thirty-six (36) inches in height, erected on the ground, hinged at the apex and folded into a sandwich position when transported or stored; also commonly referred to as an A-board sign.

(eee)          Separate frontage means a second building frontage, parallel and adjacent to a public right-of-way and on the opposite side of a building’s primary frontage, which includes public entrances.

(fff) Sign means any medium, including its structure and component parts, including any sign illumination device which is used or intended to be used to attract attention to the subject matter for the purpose of advertising or proposing a commercial transaction and which is visible by the general public from any public right-of-way. Visible means capable of being seen, whether or not capable of being read, without visual aid by a person of normal acuity. Sign area or surface area means the surface area of a sign, as determined by the city, including its facing, copy, insignia, background and borders. The sign area of a wall sign which is composed of individual letters attached to a building, or placed on a raceway attached to a building, shall be the area obtained by measuring the perimeter of each word utilizing a series of straight line geometric figures which enclose the extreme limits of the word. The combined area of all individual words shall be considered the total sign area.

(ggg)         Sign owner means the permittee with respect to any sign for which a sign permit has been issued; or, with respect to a sign for which no sign permit is required or for which no sign permit has been obtained, sign owner means the person entitled to possession of such sign, the owner, occupant and/or agent of the property where the sign is located.

(hhh)         Sign structure means any supports, uprights, braces or framework of a sign.

(iii)  Silhouette lighting means an illuminated reverse channel letter so light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter; also referred to as halo lighting or backlit lighting. The sign letters are opaque and appear as a silhouette against the lighted surface.

(jjj)  Statuary sign means any sign which is a modeled or sculptured likeness of a living creature or inanimate object.

(kkk)         Street means the entire width of every dedicated public way owned or controlled by the city, including the traveled portion thereof known as the roadway, the portion used for sidewalks and the portion between the property line and roadway known as the parkway.

(lll)  Structure means anything which is built or constructed with a fixed location, but does not include utility poles, lines, cable or other transmission or distribution facilities of public utilities.

(mmm)      Subdivision entrance sign means a sign used to identify the name and entryway to a subdivision.

(nnn)         Temporary sign means a sign which is intended for a definite and limited period of display and which is not permanently affixed to a structure or sign structure. Such limited time period shall be defined as four (4) times per year, a maximum of fifteen (15) days per occurrence.

(ooo)         Temporary window sign means a window sign which advertises special commercial events or sales. Signs displaying solely product names, product logos or business names, or promoting the ongoing nature of a business and the products sold, shall not be considered as temporary window signs.

(ppp)         Walking sign means any sign, including sandwich board signs, or lettering on a costume, which is carried or worn by any person and which is visible from a public right-of-way, adjacent property or a public area.

(qqq)         Wall sign is a type of building sign that is attached to, painted on or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.

(rrr) Window means any single window pane, or a series of adjacent window panes separated by a mullion of twelve (12) inches or less. Adjacent window panes set at different angles shall constitute separate windows regardless of the width of their mullion separation.

(sss) Window sign means a sign that is painted on, applied to or attached to a window, including neon signs, but excludes merchandise included in a window display. Window signs shall include signs located in the interior of a structure placed so that they serve to effectively display advertising for passersby on any public areas or public rights-of-way and are located within thirty-six (36) inches of the interior of a window surface, excluding informational material such as hours of operation and emergency contact telephone numbers.

(Ord. 890)