§ 129-3. Definitions.

When used in this chapter, the words "used" or "occupied" include the words intended, arranged, or designed be used or occupied; the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator. The sign code administrator shall be the city planner or his designated representative for sections 129-3, 129-6, 129-7, 129-33 through 129-36, and 129-72 through 129-76 and the building commissioner or his designated representative for sections 129-37—129-47 and 129-96 through 129-99.

Alteration means any act or process, normal maintenance and painting, which changes one or more of the exterior features of a sign.

Ascender means the tall stroke of lower case letters b, d, f, h, k, l, t, or an upper case letter when used with lower case letters.

Awning means a structure made of cloth, metal, or other light materials attached to a building and supported entirely from the exterior wall of the same building which may be so erected as to permit its being raised or retracted to a position against the building when not in use, and which may have electric backlights to illuminate.

Background area means the entire area of a sign on which copy could be placed.

Board of public works and safety means the board of public works and safety of the city.

Board of zoning appeals means the board of zoning appeals of the city.

Building means a structure for the shelter, support or enclosure of persons, animals or chattel.

Building code means the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

Building commissioner means the director of the department of buildings.

Building facade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation, and which may also be referred to as the "building face."

Canopy means a roof structure supported from an open structure and made of cloth, metal, or other light materials, and which may have electric backlights to illuminate.

City engineer means the director of the department of engineering.

City planner means the director of the department of city planning.

Commission means the city planning commission.

Copy area means the sum of the area of the words and numbers endorsed by forming imaginary straight lines, but excluding pictorials, trademarks, symbols, ascender letters and numbers, and descender letters and numbers.

Council means the common council.

Descender means the portion of the lower case letters that extends below the line, f, g, m, p, q, y, z or upper case letters J and Y when used with lower case letters.

Display area means the sum of the area of the sign on which copy may be placed, which is enclosed by four imaginary straight lines, but excluding structural members, nonstructural trim and sign support bases.

Erect means to build, construct, attach, hang, place, inscribe, suspend or affix, and shall include the painting of wall signs.

Frontage means the length of the property lines of any one lot along the shortest legally accessible public right-of-way it borders. In the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, the line separating the narrowest street frontage dimension from the street.

Good repair means a condition which meets the minimum standards of health and safety; and which guarantees continued attractiveness, usefulness and structural soundness.

Ground level means the average elevation of the premises, or the elevation of the centerline of the adjacent right-of-way at the point closest to the sign.

Height of a sign means the vertical distance from the uppermost point of the sign to the ground level immediately below such point or to the level of the upper surface of the nearest curb of a street, alley or highway, whichever measurement permits the greater elevation of the sign.

Illuminated sign means any sign illuminated in any manner by an artificial light source.

Lot means a parcel of land occupied or suitable for occupancy by one main building or use, together with its accessory buildings or uses, and including the open spaces required. A lot shall be held under common ownership and shall be so recorded in the office of the county recorder. A lot may include contiguous parts of lots or a combination of more than one lot, when contiguous to one another and used as one parcel.

Lot, corner, means a lot at the junction of two streets.

Lot depth means the mean horizontal difference between the front and rear lot line.

Lot, interior, means a lot with frontage on one street.

Lot line means the property boundary lines of a lot.

Lot line, exterior side, means a lot line which is perpendicular or approximately perpendicular to the front lot line which separates the longest street frontage dimension of a corner lot from the street.

Lot line, front, means in the case of an interior lot, a lot line separating the lot from the street; and in the case of a corner lot, the lot line separating the narrowest street frontage of a lot from the street.

Lot line, interior side, means a lot line which is perpendicular or approximately perpendicular to the front lot line which separates two lots.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line, and in the case of an irregular- or triangular-shaped lot, a line ten feet in length, within the lot parallel to, and at the maximum distance from the front lot line.

Noncombustible as applied to building construction material, means material which, in the form in which it is used, is either one of the following:

(1)

Material of which no part will ignite and burn when subjected to fire. Any material conforming to Uniform Building Code (U.B.C.) Standard No. 4-1 shall be considered noncombustible within the meaning of this section.

(2)

Material having a structural base of noncombustible material, as defined in subsection (1) of this definition, with a surfacing not over one-eighth inch thick, which has a flame-spread rating of 50 or less.

Nonstructural trim means the molding, batten, cappings, nailing strips, latticing, and platforms, which are attached to the sign structure, and are nonstructural in nature, and do not contribute to the support of the sign.

Owner means a person recorded as such in the records of the county recorder, and includes a duly authorized agent or attorney, a purchaser, devisee, judiciary; or any person having a vested or contingent interest in the property in question.

Plastic materials, approved, means those having a self-ignition temperature of 650 degrees Fahrenheit or greater when tested in accordance with U.B.C. Standard No. 52-3 and smoke-density rating not greater than 450 when tested in accordance with U.B.C. Standard No. 42-1, in the way intended for use, or a smoke density rating no greater than 75, when tested in the thickness intended for use by U.B.C. Standard No. 52-2. Approved plastics shall be classified as either CC1 or CC2, in accordance with U.B.C. Standard No. 52-4.

Premises means an area of land, with its appurtenances and buildings, which because of its unity of use, may be regarded as the smallest conveyable unit; usually a lot with the principal building and accessory buildings.

Projection means the horizontal distance by which the furthermost point used in measuring the area of a sign extends beyond a building wall. A sign placed flat against a wall of a building parallel to a street or alley shall not be deemed to project for purposes of this chapter. A sign on and parallel to an awning, canopy or marquee shall not be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.

Public right-of-way width means the perpendicular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the city engineer.

Roof means the uppermost part of the building or structure; that part of the building on which rain would normally fall.

Roof eave means the lowest part of a roof which has no parapet; that part of the roof from which the rain would drain.

Roofline means the upper edge of any building wall or parapet, exclusive of any tower, chimney, ventilation equipment or utility equipment.

Semipublic body means any organization operating a nonprofit activity and serving a public purpose or service and shall include such organizations as noncommercial clubs, lodges, theater groups, recreational associations, neighborhood associations, cultural associations and schools.

Shopping center means a group of three or more stores, offices or shops selling merchandise or services and served by a common off-street automobile parking area which is located on private property.

Sign means an announcement, identification, image, description display, illustration or device, illuminated or nonilluminated, which advertises products or services, on- or off-premises, which is located on private property and is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, place, activity, person, institution, business or solicitation, whether permanently or temporarily installed.

Sign types.

Animated sign means any sign which includes action, motion, or color changes on all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. An animated sign does not include revolving signs, any type of automatic changing signs, banners, moving signs, marquee signs or chaser signs.

Automatic changing sign means a sign, such as an electronically or electrically controlled message center or reader board, where different automatic changing messages of an information or communicative nature are shown. Automatic changing signs include only the following:

(1)

Message center. A sign, which contains a changing message within the copy area, which remains on for specified minimum period of time, and blacks out for a specified minimum period of time between messages. Messages contained on the copy area of the sign do not travel or appear to travel in any direction.

(2)

Electrical reader board. A sign, which contains a traveling message, or a message which appears to be traveling, and usually in a horizontal manner. The characters incorporated into any message remain constant, and do not change in hue or intensity or appear to change in hue or intensity as they travel or appear to travel across or through the automatic changing copy area of the sign.

(3)

Multivision board. A sign with a number of panels which rotate in sequence, so as to be capable of presenting a minimum of three different visual presentations. Copy contained on the individual visual presentations does not travel in any manner or direction or appear to travel in any manner or direction nor does it change in hue or intensity or appear to change in hue or intensity.

Banner sign means any nonilluminated sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied only to paper or fabric.

Beacon light means any light with one or more beams, capable of being directed in any direction or capable of being revolved automatically, and used for attracting attention.

Bench sign means an off-premises sign which is attached to or painted upon a bench or seat which is located outside a building or structure.

Billboard. See Off-premises sign.

Canopy or awning sign means a sign attached or applied to a canopy or awning.

Changeable copy sign means an on-premises, freestanding sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually, electronically, or by painting without physically altering the surface of the sign.

Chaser sign means a sign that creates a running effect in a bank of lamps or tubes.

Construction sign means a sign of 32 square feet or less and ten feet high or less, giving the names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Construction signs shall not be illuminated and shall be removed immediately after the certificate of occupancy has been issued by the building commissioner.

Directional sign means any sign of no more then eight square feet and/or 3½ feet high, which is designed and erected solely for the purpose of directing automobile traffic and placed on the property to which or on which traffic is directed; and no more than two signs per curb cut.

Directory sign means a sign of one square foot or less per occupant on which the names and locations of occupants or the use of a commercial building is given.

Double-face sign means a sign with two parallel faces normally mounted to a structure or building, to be read from opposite directions.

Fascia sign. See Wall sign.

Flashing sign means any sign which contains a continually intermittent light or sequential flashing light source. The term "flashing sign" does not include signs which give the illusion of intermittent light or flashing light nor does it include flashing or intermittent light or the outlining of a pictorial scene as in an animated sign. The term "flashing sign" also does not include signs that use intermittent lighting changes for the purpose of changing the graphics or copy within the copy area of a sign. Time and temperature signs and electronically controlled message devices are also excluded from this category.

Freestanding sign means any permanently installed sign which is supported wholly by a foundation, uprights, braces and/or poles in the ground.

Ground and/or pole sign. See Freestanding sign.

Inflatable display means any three-dimensional, ambient, air-filled object depicting a container, figure, product or product trade dress.

Institutional bulletin means a freestanding sign of any governmental agency, semipublic body, religious group, hospital, or school, located on the premises and bearing only the information related to the activities conducted on the premises, persons involved, or other such information.

Integral sign means memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface on the wall of a building, or when constructed of bronze or other incombustible materials mounted on the wall of a building.

Mansard roof sign. See Wall sign.

Marquee sign means a sign attached parallel to and made part of a marquee, but not a canopy sign.

Mobile sign means a temporary, freestanding sign, mobile sign, or trailer sign which is not set in a permanent base or foundation that will withstand wind pressure or wind forces.

Monument sign means an illuminated or unilluminated sign in which the area between the bottom horizontal edge of the display area and the ground level, and between the vertical edges of the display area if extended to the ground level, is filled with a wall constructed of brick, and/or natural stone, or decorative metal panels.

Moving sign means a sign which moves or gives the visual impression of rotation or movement or has any moving or animated parts, whether machine driven or wind-powered; including, but not limited to, rotating signs, revolving signs, and strings of flags or streamers, but excluding automatic changing signs.

Multiface freestanding sign means a freestanding sign with more than two faces.

Nameplate means a nonilluminated sign of one square foot per occupied unit which is flush-mounted to the wall of a building and identifies only the name and occupation or profession of the occupants of the premises on which the sign is located.

Nonconforming sign means any sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all the applicable regulations and restrictions of this chapter as may be amended from time to time.

Obsolete sign means any sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where such sign is displayed, or a sign which is not in good repair.

Off-premises sign means a sign permanently attached to a building, the ground or to a permanent structure having a location upon the ground advertising a business, product, service or event not necessarily available on the premises where the sign is located.

On-premises sign means any sign identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained, also known as appurtenant or accessory signs.

Painted graphics means any mosaic, mural, painting or graphic art technique or combination, or grouping of mosaics, murals or painting or graphic art techniques, applied, implanted or placed directly onto a wall by a brushing or spraying process or by some similar process, and containing no copy, advertising, symbols, lettering, trademarks or other references to the premises or to any products and/or services offered for sale on the premises on which any such mosaic, mural or painting or graphic art technique is placed.

Portable sign. See Temporary sign.

Projecting sign means any multifaced sign other than a wall sign affixed to any exterior wall whose leading edge extends beyond such building or wall more than 12 inches. A projecting sign shall not project into the public right-of-way unless approved by the board of public works and safety.

Public interest sign includes signs containing any of the following messages:

(1)

Official signs and notices. Official signs and notices placed by public officials or public agencies pursuant to and in accordance with federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers and commemorative plaques authorized by federal, state, or local law shall be considered as official signs.

(2)

Public utility signs. Signs, markers and notices placed for warning, informational or other purposes which are customarily placed by public utilities as essential to their operations.

(3)

Public directional signs. Signs and notices containing directional information about public places owned and operated by federal, state, or local governments or their agencies, natural phenomena, historic, religious, cultural, scientific or educational sites owned and/or operated by public or nonprofit private agencies, and outdoor recreational areas owned and/or operated by public or nonprofit private agencies.

(4)

Holiday decorations. Religious, patriotic, or commemorative decorations, flags, signs, notices, symbols, or displays related to a holiday or other celebration.

Public service message sign means a nonflashing, freestanding electronically or electrically controlled public service message sign which conveys only information such as time, date, temperature, atmospheric conditions or general news information, where different alternating copy changes are shown on the same lamp bank matrix.

Real estate sign means an unilluminated on-premises sign announcing the name of the owner, manager, realtor, or other person directly involved in the sale, lease, or rental of the property or announcing the purpose or conditions for which it is being offered. A real estate sign in residential R-1, R-2 and R-4 districts shall be no greater than 4.5 square feet and in all other districts shall be no greater than 32 square feet.

Religious notices means one freestanding sign or a sign flush-mounted to the wall of a building containing identification of a religious organization and containing information relating to worship services, meetings, locations, fund raising or other religious activities.

Roof sign means any sign erected or painted, in whole or in part, upon, against, or directly above a roof, or roof eave, or on top or above the parapet, or on a nonfunctional architectural appendage above the roof or roof eave, excluding signs mounted on or above a canopy, providing there is a roofline or parapet which projects higher than the top of the sign. A roof sign does not include mansard signs.

Sign means a sign which moves or gives the visual impression of rotation.

Single-face sign means a sign with copy on one face only, normally mounted on a building, wall, or structure to be seen from one direction only.

Snipe sign means any sign, made of any material whatsoever, that is attached in any way to a utility pole, tree, or any object or situated on public property.

Street banner sign means any banner sign which is stretched across or hung over a public right-of-way, and shall be approved by the board of public works and safety.

Temporary sign means any sign, portable sign, pennant, valance, inflatable display or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, plastic, metal or other light materials, with or without structural frames. Temporary signs may be displayed for no more than 15 days only as regulated by the provisions of this chapter. Decorative displays for the holidays are not temporary signs.

Trailer sign. See Temporary sign.

Wall sign means any sign painted on or attached to and erected parallel to the wall of or erected and confined within the limits of, the outside wall or highest vertical projection of a mansard roof of any building and supported by such wall or mansard roof.

Wind sign means any attention-arresting device, other than banners, with or without copy, or a series of devices such as streamers, and/or pennants, with or without copy, designed and fastened in such a manner as to move upon being subject to pressure by the atmosphere.

Window identification sign means a sign visible from the exterior of a building, which sign may be painted on a window for the purpose of directing the attention of persons outside the building to a sale of merchandise, a service or event.

Sign structure means any structure which supports, has supported, or is capable of supporting a sign, including the sign area.

Street means a public highway, road or thoroughfare, excluding alleys and serviceways, which affords the principal means of access to adjacent lots.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed in some definite manner.

Uniform Building Code Standards means the Uniform Building Code Standards, promulgated by the International Conference of Building Officials, as adopted by the city, as may be amended from time to time.

Use means the purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained as established by the common council.

(Code 1985, § 157.07; Ord. No. 3350, 1-15-1990; Ord. No. 3913, 1-3-1995)