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154.43.06 PROHIBITED SIGNS
154.43.06        PROHIBITED SIGNS
154.43.06.01   Signs Prohibited In All Districts. Subject only to the exemptions set forth in sub§ .02 below, the following signs are hereby expressly prohibited as to erection, construction, creation, alteration, location or relocation in all zoning districts within the city:
                        (a)        Portable Signs, except as otherwise expressly permitted by this Section;
                        (b)        Animated Signs;
                        (c)        Chaser Signs;
                        (d)        Flashing Signs, except as otherwise expressly permitted by this Section;
                        (e)        Inflatable Displays;
(f)         Any sign on a motor vehicle or on a semi-trailer with or without tractor which can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of a business, product, or service of a business located on the premises where such a vehicle is parked. (Trailers used for construction purposes during the course of construction on site are exempt from this section.) Any such sign advertising a business, product, or service not conducted or available on site is an off-premise sign;
(g)        Off-Premise Signs except as expressly permitted in "C-4", "M-1" and   "M-2" Districts;
(h)        Any sign attached to or painted or otherwise rendered on a bench or seat, which is located outside a building or structure on a public sidewalk or right-of-way. (Such a sign on a bench or seat not on a public sidewalk or right-of-way is not prohibited by this provision if it is an Advertising Sign and its surface area shall be included in the total allowable surface area for Advertising Signs permitted for the building); (The enforcement of this subsection only shall be delayed for a period of 30 days after the effective date of the Ordinance to allow for the termination of any advertising lease on such benches and the removal of such signs.)  
(i)         Signs which advertise a business which has not been conducted within the past 90 days, or a product or service which has not been offered for sale within the past 90 days, on the premise where such sign is located; if otherwise in compliance with this Ordinance, a sign may be located at such location indicating a move of such business to another location for a period of time not exceeding ninety (90) days from the date of discontinuance of the business at the sign's location;
(j)         Signs which use string lights or any unshielded light within public view if used in connection with commercial premises for commercial purposes except that this shall not include: (a) holiday decorations at holiday time; or (b) non-flashing neon window signs.
(k)        Any sign or sign structure determined by the Director of Planning and Zoning to be:
            (i)         structurally unsafe; or
(ii)        a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
(l)         Any sign which obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic control devise by reason of size, location, coloring, or illumination;
(m)      Any sign which obstructs free ingress and egress from a required door, window, fire escape, or other exit way, and any other sign prohibited by the building code;
(n)        Signs with a commercial purpose which make use of words such as "Stop", "Look", or "Danger", or other similar words, phrases, symbols, or characters in such a manner as to imply the need of stopping or the existence of danger;
(o)        Any sign unlawfully installed, erected, or maintained;
(p)        Any sign or other advertising structure containing any obscene, indecent, or immoral matter, as determined by the Planning Director; after consultation with the Department of Law;
(q)        Any sign placed or installed in or on any parkway, alley, public street, easement or right-of-way as established by the official thoroughfare plan except as may be authorized by the Board of Public Works and Safety;
(r)        Any sign not in compliance with Federal or State law;
(s)        Any sign which is constructed or installed in such a manner as to overhang a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this Article;
(t)         Snipe Signs;
(u)        Signs which are accessory to an unlawful use.
154.43.06.02   Exemptions by Special Permit.
(a)        Exemptions for Grand Openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening day and for two weeks after such opening, if such business applies to the Planning Director for an exemption and pays a fee as set by the Common Council, granted exemption from the prohibitions in (a) – (f) in sub§ 154.43.06.01 above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted nor subject to any height regulation.
(b)        Exemptions for Special Promotions. Upon application to the Director of Planning and Zoning and payment of a fee as set by the Common Council, a business or other venture engaging in special promotions shall be granted exemption from the prohibitions in (a) – (f) above for a period or periods totaling up to 10 weeks per calendar year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface area permitted nor subject to any height regulation.
(c)        Exceptions for "C-3" signs on public ways. Upon application to the Director of Planning and Zoning and a payment of a fee as set by the Common Council, a business or other venture located in an area of "C-3" District (uptown) may be granted an exemption from the prohibition of subsection (q) above to allow for a sign to be placed upon the public sidewalk uptown pursuant to the following conditions;
(i)         The sign shall be of a portable "A-Frame" type and must be either a Business Sign or a sign advertising a product or service for the business property adjacent to the public way.
                        (ii)        Only one (1) sign per store frontage shall be allowed.
(iii)       The sign may be placed on the sidewalk only during the hours                           when the advertised business is open.
(iv)       The sign may not be placed in such a location to interfere with the normal walking pattern upon the sidewalk.
(v)        The sign may not exceed six (6) square feet, which area shall not be counted toward the maximum sign surface area permitted.
The application shall be good for one (1) year and shall include an indemnification for the permit holder indemnifying the City for any claims associated with the sign.  
154.43.06.03   Other Prohibitions. All other signs are prohibited in all zoning districts except as permitted by the terms of this Section.


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