Sec. 27-323.  Temporary signs, when and where authorized.

 

(a)   A temporary sign as defined by Sec. 27-2 of this Code shall be allowed in any zoning district within the city subject only to the following restrictions: 

 

(1)       The temporary sign may be located within the front or side yard, however, the sign shall be set in accordance with the provisions of subsection (8) of this section.  In no event shall a temporary sign be allowed to be located within the public right-of-way.

 

(2)       There shall be only one (1) temporary sign allowed per premises; and only one (1) such sign shall be allowed at any one (1) time on any premises having more than one (1) business or use.

 

(3)       The restrictions of subparagraph (2) above shall not apply to an itinerant merchant, peddler, solicitor, street vendor or temporary merchant who is holding any valid permit required by Chapter 13, Article VIII of this Code.  Said itinerant merchant, peddler, solicitor, street vendor or temporary merchant shall be allowed one (1) temporary sign during the period of time they are holding a valid permit required by this Code.

 

(4)       Any temporary sign which is placed within the public right-of-way as prohibited by this section is hereby declared to be a public safety hazard and shall be subject to being immediately towed or removed by the city.  Any temporary sign which is placed in a location that is prohibited by this section, other than in the public right-of-way, shall be subject to being towed or removed by the city.  Before being subject to being towed or removed, or a citation issued for a violation thereof, the owner of the sign or the owner or occupant of the premises where said sign is located shall be notified by the enforcing officer in writing and given four (4) hours to remove the same from the premises.  If the sign is not removed within said time limit, the city may proceed to tow or remove said sign without further notice to the owner of the sign or the owner or occupant of the premises or issue a citation for the violation of this section.  Any sign so removed shall be stored in the street division’s enclosed yard and not released until a fee as set forth in Section 2-5 of this Code shall have been paid to the city.

 

(5)       In addition to the provision of subsection (4) of this section, any person who violates the provisions of this section shall be guilty of an offense and penalized pursuant to Sec. 1-16 of this Code.  Any one (1) or more of the following persons shall be prima facie liable for the violation of this section:  The tenant of the premises, the manager of a corporation occupying the premises, the owner of the premises, the installer of the sign, or the owner of the sign.

 

(6)       The Fire Division Prevention Bureau, Public Works Division and the Police Division shall have joint authority for the enforcement of this section.

 

(7)       One (1) non-illuminated sign per premises, not more than eighty (80) square feet in area, listing names of architects, engineers, builders, contractors or future tenants may be erected on the premise of the building being constructed, providing such sign shall be removed upon completion of building.

 

(8)       There shall be two (2) classes of temporary signs which shall have the following conditions attached:

 

a.         Class I temporary signs.

 

1.         Total sign area shall not exceed eight (8) square feet.

 

2.         Maximum sign height shall not exceed six (6) feet.

 

3.         Minimum front or side yard setback for Class I temporary signs shall be five (5) feet.

 

4.         Class I temporary signs shall be allowed in all zoning districts.

 

5.         No temporary signs shall be allowed within the sight triangle as referenced in Sec. 27-290 of this Code.

 

b.         Class II temporary signs.

 

1.         Total sign area shall not exceed thirty-two (32) square feet.

 

2.         Maximum sign height shall not exceed six (6) feet.

 

3.         Front yard setback shall be the same as is required for permanent signs in the district where the sign is located, provided, however, that in no instance shall the setback be less than five (5) feet.

 

4.         No Class II temporary sign shall be permitted in residential zoning districts except signs advertising real estate for sale. 

 

(9)       Signs in support of, or opposition to, a candidate or proposition which is the subject of a general, primary or special election shall not be subject to the provisions of subsection (2) of this section and shall be removed within five (5) days following the election.

 

(10)     Signs advertising real estate for sale shall be removed within five (5) days of the completion of the sale.

 

(11)     Signs advertising yard or garage sales shall be removed within twenty-four (24) hours of completion of sale.

 

(12)     The following signs are not subject to the provisions of this section:

 

a.         Official notices posted or displayed by or under the direction of any public office, agency or court and placed by any officers thereof as part of his or her official duties;

 

b.         Signs identifying underground utilities;

 

c.         Danger or warning signs;

 

d.         No trespassing signs;

 

e.         Private property signs;

 

f.          Zoning revision notice signs;

 

g.         Occupation Safety and Health Act (OSHA) required signs;

 

h.         Signs required on federally funded projects;

 

i.          Signs as provided for in Sec. 27-321(j).

 

(b)   Temporary signs not exceeding thirty-two (32) square feet in sign area for civic, philanthropic, educational or religious organization shall be allowed in all zoning districts; provided, that the sponsoring organization shall insure proper and prompt removal of such temporary sign.  Such temporary sign may be maintained for a period not to exceed one (1) month. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 2, 4-20-09; Ord. No. 5135, § 18, 9-7-10