(1). Bulletin
Board Sign: A sign that indicates the name of an institution or organization on
whose premises it is located and which contains the name or names of persons
connected with it, and announcements of persons, events or activities occurring
at the institution. Such sign may also
present a greeting or similar message.
(2). Business
Sign: A sign which directs attention to a business or profession conducted; or
to a commodity or service sold, offered or manufactured; or an entertainment
offered on the premises where the sign is located or to which it is affixed.
(3). Construction
Sign: A temporary sign indicating the names of designers and contractors
involved in the construction of a project during the construction period and
only on the premises on which the construction is taking place.
(4). Identification
Sign: A sign giving the name and address of a building, business, development
or establishment. Such signs may be
wholly or partly devoted to a readily recognized symbol.
(5). Nameplate
Sign: A sign giving the name and/or address of the owner or occupant of a
building or premises on which it is located, and where applicable, their
professional status.
(6). Real
Estate Sign: A sign pertaining to the sale or lease of the lot or tract of land
on which the sign is located, or to the sale or lease of one or more
structures, or a portion thereof located thereon.
(7). Garage
Sale Sign: A sign which directs
attention to a garage sale, yard sale, estate sale or auction.
(1). Awning,
Canopy or Marquee Sign: A sign that is mounted or painted on, or attached to,
an awning, canopy or marquee that is otherwise permitted by these
regulations. No such sign shall project
further below than seven feet from the ground level or beyond the physical
dimensions of the awning, canopy or marquee.
(2). Monument
or Ground Sign: Any sign 10 feet or less in height placed upon the ground or
supported by a base that is a minimum of 50% of the width of the monument at
its widest point, independently of the principal building or structure on the
property. A sign on accessory
structures shall be considered a ground sign.
(3). Pole
Sign: A sign that is mounted on free-standing poles or pylon, the bottom edge
of which sign is seven feet or more above ground level.
(4). Portable
Sign: Any sign not permanently attached
to the ground or other permanent structure, or a sign designed to be
transported, included, but not limited to, signs designed to be transported by
means of wheels; signs converted to A-or T-frames; menu and sandwich board
signs; balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day operations of
the business.
(A) Use
of a vehicle for a sign or sign support.
It shall be prohibited to park or use a vehicle in such a way as to
function as a sign, defined to include the parking of any vehicle, trailer or
similar movable structure containing or supporting any signage with the
exception of:
(i) Vehicles actively involved in
construction on or the serving of the site;
(ii) Vehicles
delivering products to the site in designated loading areas;
(iii) Vehicles
parked in designated truck parking areas of business park districts that have
been screened from or are not generally visible from the public right of way;
or
(iv) Passenger
vehicles, pick-up trucks and vans of a size that can fit fully within a
standard parking space, containing signs painted on or permanently affixed on
the doors or integral side body panels that do not exceed twenty (20) square
feet in area.
(5).
Projecting Sign: A sign that is wholly or partly dependent upon a
building for support and which projects more than twelve (12) inches from such
building.
(6). Temporary
Sign: A sign in the form of a banner, pennant, valance or advertising display
constructed of fabric, card board, wall-board or other light weight materials,
with or without a frame, intended for temporary display of not more than 30
days, four times per calendar year.
(7). Wall
Sign: A sign fastened to or painted on a wall of a building or structure in
such a manner that the wall becomes merely the supporting structure or forms
the background surface, and which does not project more than twelve (12) inches
from such building.
(a) Gross
Surface Area of Sign. The area of a
sign face shall be computed by means of the smallest square, circle, rectangle,
triangle, or combination thereof that will encompass the extreme limits of the
writing, representation, emblem, or other display, together with any material
or color forming an integral part of the background of the display or used to
differentiate the sign from the backdrop or structure against which it is
placed, but not including any supporting framework, bracing, or decorative
fence or wall when such fence or wall otherwise meets zoning ordinance
regulations and is clearly incidental to the display itself. The sign area for a sign with more than one
face shall be computed by adding together the area of all sign faces visible
from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be viewed from
any point at the same time, and when such sign faces are part of the same sign
structure and are not more than 42 inches apart, the sign area shall be
computed by the measurement of one of the faces. When two or more signs are
located on a zoning lot, the gross surface area of all signs on the lot shall
not exceed the maximum gross surface per street frontage set by the applicable
district regulations, except as is provided by Section 16-1003(b)
(b) Corner and Through Lots. On corner and
through lots, each lot line that abuts a street or highway shall be considered
a separate street frontage. On corner and through lots, restrictions that are
phrased in terms of “signs per zoning lot” shall be deemed to permit the
allowable number of signs facing each street or highway that abuts the lot.
(c) Height
of Sign. The maximum height of
signs shall be measured from ground level at the base of or below the sign to
the highest element of the sign and shall be determined for purposes of Article
10 as independent from the maximum structure height for zoning districts.
(d) Building
and Electrical Codes Applicable. All
signs must conform to the structural design standards of any applicable
building code. Wiring of all electrical signs must conform to any applicable
electrical code.
(e) Illuminated
Signs. Signs shall be shaded
wherever necessary to avoid casting bright light upon property located in any
residential district or upon any public street or park. Any brightly
illuminated sign located on a lot adjacent to or across the street from any
residential district, which is not otherwise shaded and visible from such
residential district, shall not be illuminated between the hours of
(f) Flashing
or Moving Signs. No flashing signs,
rotating or moving signs, animated signs, signs with moving lights or signs which
create the illusion of movement shall be permitted in any residential
district. A sign whereon the current
time and/or temperature is indicated by intermittent lighting shall not be
deemed to be a flashing sign if the lighting changes are limited to the
numerals indicating the time and/or temperature.
(g) Clearance
for Projecting Awning, Canopy, or Marquee Signs. All awning, canopy, or marquee signs shall
maintain a clearance of at least seven feet to the grade directly below the
sign.
(h) Accessway or Window. No sign shall block any accessway
or window required by any applicable building, housing, fire or other codes or
regulations.
(i) Signs on Trees or Utility Poles. No private sign shall be attached to a tree
or utility pole whether on public or private property, except identification
markers.
(j) Traffic
Safety.
(1). No
sign shall be maintained at any location where by reason of its position, size,
shape or color; it may obstruct, impair, obscure, interfere with the view of,
or be confused with; any traffic control sign, signal or device; or where it
may interfere with, mislead or confuse traffic.
(2). No
sign shall be located in any vision triangle except official traffic signs and
signs mounted eight feet or more above the ground whose supports, not exceeding
two, do not exceed 12 inches at
the widest dimension and, thus,
do not constitute an obstruction. “Vision triangle” shall mean, when applied to
uncontrolled intersections, a triangular area bounded on one side (Side “A” on
the Fig.1) by an unmarked line measured from the midpoint of the intersection
and extending ninety (90) feet, bounded further on the adjacent side (Side B on
the attached Fig.1) by an unmarked line measured from the midpoint of the
intersection and extending ninety (90) feet, and bounded further on the final
side (Side “C” on the attached Fig.1) by an unmarked line joining the unmarked
lines extending from the midpoint of the intersection. The
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(k) Location. No sign or structure thereof shall be
permitted on a public right-of-way or public easement, except:
(1). As a conditional use granted by the Board of Zoning Appeals
for signs otherwise permitted in a district; or
(2). As a use permitted by the Governing Body for public
informational or directional purposes; or
(3). Garage
sale signs, not to exceed six square feet in size.
Any unauthorized sign placed on public property,
including the public street right-of-way, is declared to be a public nuisance
and be the cause of its removal and impoundment without notice. If not redeemed within 30 days by the owner
paying a service charge of $20, the
(l) Damaged, Unsafe or Blight Signs. The
(m) Setback
for Pole Signs. All pole signs shall
be separated from residential property a distance measured in feet equal to the
gross surface area of the sign measured in square feet.
(n) Prohibited
Signs. Off-site advertising signs
are prohibited in an effort to preserve the visual appearance of the
(o) Off
Premises Real Estate Signs.
Notwithstanding the provisions of Section 16-1003N and, to temporarily
provide additional visibility for new real estate developments within the
(p) Temporary
Fireworks Signs. In order to
allow accessory signage for temporary fireworks sales locations, the following
standards shall apply:
(1). Structural
Types Permitted: One of each structural type of sign shall be permitted,
excluding permitted permanent signs.
(2). Maximum
Gross Surface Area: One square foot of sign area for each one lineal foot of
arterial street or U. S. Highway 81 frontage or four hundred square feet,
whichever is lesser.
(3). Required
Setback: All temporary firework signs not otherwise affixed to the fireworks
sales structure shall be separated from any principal residential building by
one foot for every one square foot of sign surface area or one hundred feet,
whichever is the lesser.
(4). Maximum
Height: 25 feet when adjacent to an arterial street.
(5). Time
Restrictions: Temporary firework sign permits issued accessory to temporary
fireworks sales locations shall be limited to three days prior to, and three
days past the duration of the fireworks sales temporary use permit. Upon the
expiration of the temporary sign permit, all of the elements of the sign,
including any temporary support structure shall be removed.
(q). Garage
Sale Signs. All garage sale signs
must contain the address of the garage sale and the date or dates of the
sale. Garage sale signs may be placed in
public right-of-way. All garage sale
signs must be picked up within one week from the last day posted on the garage
sale sign. Such signs remaining after
this period will be deemed litter and will be subject to the provisions of
Chapter 11 of the
(r). Location
of Billboard Signs. Billboard signs
shall only be allowed on personal property adjacent to a state or federal
highway.
(1). Signs
of a duly constituted governmental body, including traffic or similar
regulatory devices, legal notices, warnings at railroad crossings, and other
instructional or regulatory signs having to do with health, hazards, parking,
swimming, dumping, etc.
(2). Flags
or emblems of a government or of a political, civic, philanthropic, educational
or religious organizations, when displayed on private property.
(3). Small
signs, not exceeding five square feet in area, displayed on private
property for the convenience of the public, including signs to identify
entrance and exit drives, parking areas, one-way drives, rest rooms, freight
entrances and the like.
(4). Address
numerals and other signs required to be maintained by law, rule or regulation;
provided, that the content and size of a sign does not exceed such
requirements.
(5). Memorial
signs which are displayed on private property.
(6). Scoreboards
in athletic fields or stadiums.
(7). Political
campaign signs, not exceeding six square feet in gross surface area, which are
displayed on private property and not otherwise in the public right-of-way. Such signs must be removed 48 hours after a
candidate is elected to office or is eliminated from further participation in
the election as a candidate, with similar provisions for bond issues and other
ballot issues. Such signs may also be
displayed as advertising signs where permitted by Section 16-1010.
(8). Ideological
signs such as may pertain to religious or political expressions or personal
beliefs when located on private property of the proponent and not otherwise in
a public right-of-way, a sight obstruction in a vision triangle or on public
property or structures such as utility poles.
(9). Portable
signs promoting an event sponsored by a government, civic, educational or
religious organization, not exceeding 32 square feet in gross surface area,
which are displayed on private property. Such signs must be removed 72 hours
after the event being promoted. Such signs may be placed on public property,
public rights-of-way and public easements with permission from the Governing
Body.
(b) The
following signs are exempt from the permit requirements of Section 16-1005, but
shall comply with all of the other regulations imposed by this Article:
(1). Nameplate
signs not exceeding two square feet in gross surface area accessory to a
residential building, including all types of manufactured and mobile homes.
(2). Identification
signs not exceeding 24 square feet in gross surface area accessory to a
multiple-family dwelling.
(3). Bulletin
board signs not exceeding 24 square feet in gross surface area accessory to a
church, school or public or non-profit institution.
(4). Business
signs when located on property used for agricultural purposes and pertaining to
the sale of agricultural products produced on the premises.
(5). Real
estate signs not exceeding six square feet in surface area which may also be
placed on the public rights-of-way and public easements; provided, (1) that
they are placed no more than five feet from the property line, (2) permission
is obtained from the adjacent private property owner, and (3) such signs shall
only be displayed during such period of time as the model homes are regularly
available for showing, or open houses for not more than four days at any one
showing.
16-1005 GENERAL
PERMIT PROCEDURES. The following
procedures shall govern the application for, and the issuance of, all sign
permits under this article:
(a) Applications. All applications for sign permits of any kind
shall be submitted to the
(b) Action. Within fourteen days of the submission of a
complete application for a sign permit, the
(1). Issue
the sign permit, if the sign(s) that is the subject of the application conforms
in every respect with the requirements of this article; or
(2). Reject
the sign permit if the sign (s) that is the subject of the application fails in
any way to conform with the requirements of this
article. In case of a rejection, the
16-1006
PERMITS TO
CONSTRUCT OR MODIFY SIGNS. Permanent
signs shall be erected, installed or created only in accordance with a duly
issued and valid sign construction permit from the
(a) Permit
for New Sign or for Sign Modification.
An application for construction, creation, or installation of a new sign
or for modification of an existing sign shall be accompanied by detailed
drawings to show the dimensions, design, structure, and location of each
particular sign. If the
(b) Inspection. The
16-1007 SIGN
PERMITS – CONTINUING. The owner of a
zone lot containing signs requiring a permit under this article shall at all
times maintain in force a sign permit for such property. Sign permits shall be issued for individual
zone lots.
(a) Initial
Sign Permit. An initial sign permit
shall be automatically issued by the
(b) Lapse
of Sign Permit. A continuing sign
permit shall lapse automatically if the business license for the premises
lapses, is revoked, or is not renewed. A
sign permit shall also lapse if the business activity on the premises is
discontinued for a period of 180 days or more.
(c) Assignment
of Sign Permits. A current and valid
sign permit shall be freely assignable to a successor as owner of property or
holder of a business license for the same premises, subject only to filing such
application as the
16-1008 TEMPORARY SIGN PERMITS. Temporary
signs on private property shall be allowed only upon the issuance of a
Temporary Sign Permit, which shall be subject to the following requirements:
(a) Term.
A temporary sign permit shall allow the use of a temporary sign for a specified
30-day period.
(b) Number. Only four temporary sign permits shall be
issued to the same property owner or business license holder on the same zone
lot in any calendar year.
16-1009 PORTABLE SIGN PERMITS. Portable signs on private property shall be allowed
only upon the issuance of a Portable Sign Permit, which shall be subject to the
following requirements:
(a)
Term,
Commercial. A portable sign permit
shall allow the use of a portable sign for a specified 30-day period when used
for a commercial use on a non-residential zoned lot.
(b)
Term,
Celebratory. A portable sign permit shall allow the use of
a portable sign for a specified 7-day period when used for a celebratory
purpose (i.e., birth announcements, graduations, etc.) on a residential lot.
(c)
Number. Only three
portable sign permits shall be issued to the same resident, business license
holder on the same zone lot in any calendar year.
(a) AA,
AAA, A, AB, AC, AZ, BB, B, Residential Districts
(1). Functional
Types Permitted:
(A). Business signs pertaining to home
occupations.
(B). Construction
signs.
(C). Identification
signs.
(D). Nameplate
signs.
(E). Real
estate signs.
(2) Structural
Types Permitted:
(A). Ground signs.
(B). Pole signs.
(C). Wall
signs.
(D). Business
signs pertaining to home occupations shall be affixed flush to the wall of a
building.
(E). Temporary
signs limited to those attached to the face of the principal structure, a
permanent fence, or screening wall.
(3). Number
of Signs Permitted: One of each functional type per zoning lot.
(4). Maximum
Gross Surface Area.
(A). Bulletin
board, business and identification signs:
16 square feet in all residential districts, but 40 square feet is
permitted in the C District and for churches or public institutions in all
residential districts.
(B). Construction
signs: 32 square feet.
(C). Nameplate
signs: Two square feet.
(D). Real
estate signs: Six square feet per lot; provided, that one sign not more than 100 square feet in
area announcing the sale
of lots and/or
houses in a subdivision may be located on such development. Such sign shall be removed when 75% of the
lots in the subdivision have been sold.
(E).
(F). Wall
signs shall be limited to 5% of the area of the wall area on which they are
located.
(G). Temporary
signs: 21 square feet.
(5). Maximum
Height: 15 feet; provided, that signs associated with one and two-family
dwellings and all types of manufactured and mobile homes shall not be located
at a height greater than eight feet above ground floor elevation.
(6). Required
Setback: 15 feet from the front line, except temporary real estate and garage
sale signs, and none from the side yard setbacks.
(7). Illumination: No sign shall be illuminated, except that entry monument,
bulletin board, and identification signs may be indirectly illuminated with
incandescent or fluorescent light.
(b). CC
Residential District and C Manufactured Home District.
(1). Functional
Types Permitted:
(A). Bulletin board signs.
(B). Business signs pertaining to home
occupations.
(C). Construction signs.
(D). Identification signs.
(E). Nameplate signs.
(F). Real
estate signs.
(2). Structural
Types Permitted:
(A). Ground
signs.
(B). Pole
signs.
(C). Wall
signs.
(D). Business
signs pertaining to home occupations shall be affixed flush to the wall of a
building.
(E). Temporary
signs limited to those attached to the face of the principal structure, a
permanent fence, or screening wall.
(3). Number
of Signs Permitted: One of each functional type per zoning lot.
(4). Maximum
Gross Surface Area.
(A). Bulletin
board, business signs and identification signs:
16 square feet in all residential districts, but 40 square feet is
permitted in the C District and for churches or public institutions in all
residential districts.
(B). Construction
signs: 32 square feet.
(C). Nameplate
signs: Two square feet.
(D). Real
estate signs: Six square feet per lot; provided, that one sign not more than 100 square feet in area
announcing the sale
of lots and/or
houses in a subdivision may be located on such development. Such sign shall be removed when 75% of the
lots in the subdivision have been sold.
(E).
(F). Wall
signs shall be limited to 5% of the area of the wall area on which they are
located.
(G). Temporary
signs: 21 square feet.
(5). Maximum
Height: 15 feet; provided, that signs associated with one and two-family
dwellings and all types of manufactured and mobile homes shall not be located
at a height greater than eight feet above ground floor elevation.
(6). Required
Setback: 15 feet from the front line, except temporary real estate and garage
sale signs, and none from the side yard setbacks.
(7). Illumination: No sign shall be illuminated, except that entry monument,
bulletin board, and identification signs may be indirectly illuminated with
incandescent or fluorescent light.
(c). OC Office Commercial Districts.
(1). Functional
Types Permitted: Any type listed in Section 16-l00lA,
(2). Structural Types Permitted: Any type listed in Section
16-1001B, except projecting signs.
(3). Number
of Signs permitted:
(A). Monument,
ground and pole signs: One of each functional type per zoning lot.
(B). Other structural types permitted: Limited to one of any of
the other structure types.
(4). Maximum
Gross Surface Area: One square foot of sign area for each one foot lineal of
street frontage or One Hundred square foot maximum area, whichever is the
lesser. Wall signs shall be limited to
5% of the area of the wall on which they are located.
(5). Maximum
Height: 10 feet, except when adjacent to an arterial street within 200 feet of
an intersection of two arterial streets, then 20 feet.
(6). Required
Setback: No minimum required.
(7). Illumination: Illuminated signs shall be permitted.
(d). D
Light Commercial Districts.
(1). Functional
Types permitted: Any type listed in Section 16-l00lA.
(2). Structural
Types Permitted: Any type listed in Section 16-1001B.
(3). Number
of Signs Permitted:
(A). Ground, monument or pole signs: One of
each functional type per zoning lot, except
that each freestanding principal building which is part of an integrated
shopping center may also have a ground, monument or pole sign and/or complexes
with over 300 feet of frontage will be allowed one additional free standing
sign for each additional 300 feet or portion thereof.
(B). Other structural types permitted: Limited to one of any of the other structural
types per business establishment.
(4). Maximum
Gross Surface Area: One square foot of
sign area per one lineal foot of street frontage; provided, no single sign
shall exceed 150 square feet , except
when adjacent to an arterial street within 500
feet of the intersection of an arterial street and a highway, or
adjacent to a highway, then 200 square feet.
Wall signs shall be limited to 5% of the wall area on which they are
located.
(5). Maximum
Height:
(A). Thirty-five
feet when adjacent to a highway, or adjacent to an arterial street within 500
feet of the intersection of an arterial street and a highway.
(B). Thirty
feet at all other locations.
(6). Required
Setback: No minimum required.
(7). Illumination: Illuminated signs shall be permitted.
(e). E
Heavy Commercial District.
(1). Functional
Types permitted: Any type listed in
Section 16-l00lA.
(2). Structural
Types Permitted: Any type listed in Section 16-1001B.
(3). Number
of Signs permitted: One of each structural type permitted except that
complexes with more than 500 feet of highway frontage may have two ground,
monument, or pole signs, and a business with frontage also on an arterial or
collector street may have one ground, monument, or pole sign per 300 feet of
street frontage.
(4). Maximum
Gross Surface Area: One square foot of
sign area for each one lineal foot
highway frontage, provided no single sign shall exceed a gross surface area of
400 square feet, except that one additional square foot of gross surface area
shall be allowed for each one foot of set back from the front property
line. In the instance a sign is located
at the intersection of two streets, the additional
square footage shall be based on the lesser of setback. Signs adjacent to an arterial or collector
street within 500 feet of the intersection of the arterial or collector street and the highway will be limited to 200
square feet. Wall signs shall be limited
to 5% of the wall area on which they are located.
(5). Maximum
Height: 20 feet above the highest point of the principal structure or 40 feet
above the average ground level, whichever is less.
(6). Required
Setback: No minimum required.
(7). Illumination: Illuminated signs shall be permitted.
(f). F
and G Industrial Districts.
(1). Functional
Types Permitted: Any types listed in Section 16-l00lA,
(2). Structural
Types Permitted: Any types listed in Section 16-l001B,
except pole signs.
(3). Number
of Signs Permitted. One of each structural type except that complex with
frontage on more than one street may have one group or monument.
(4). Maximum
Gross Surface Area: One square foot of sign area for each one foot lineal
street frontage, provided no single sign shall exceed a gross surface area of
200 square feet.
(5). Maximum
Height: 10 feet. Awning, canopy,
marquee, and projecting signs shall be limited to the height of the building.
(6). Required
Setback: No minimum required.
(7). Illumination: Illuminated signs shall be permitted.
16-1011 TIME
OF COMPLIANCE: NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not
conform with the requirements of this ordinance or for which there is not a
current and valid sign permit shall be obligated to remove such sign or, in the
case of a nonconforming sign, to bring it in to conformity with the
requirements of this ordinance.
(a) Signs Existing on Effective Date. For any sign
existing in the city on
Applications for permits for existing signs submitted
before
(b) Nonconforming Existing Signs, Permits and Terms.
A permanent sign that would be permitted under this article only with a
sign permit, but which was in existence on November 12, 2004 or on a later date
when the property is annexed to the city, and which was constructed in
accordance with the ordinances and other applicable laws in effect on the date
of its construction, but which by reason of its size, height, location, design,
or construction is not in conformance with the requirements of this ordinance,
shall be issued a Nonconforming Sign Permit if an application in accordance
with Section of 10-1011(a) of this article is
timely filed.
Such permit shall allow the sign(s) subject to such
permit, which were made nonconforming by the adoption of this article, to
remain in place and be maintained for a period ending no later than December
31, 2007 for a permanent sign and no later than December 31, 2005 for a
portable or temporary sign, provided that no action is taken which increases
the degree or extent of the nonconformity.
Such signs are also subject to the provisions of Section 16-1011(c). A change in the information on the face of an
existing nonconforming sign is allowed.
However, any nonconforming sign shall either be eliminated or made to
conform with the requirements of this Section when any
proposed change, repair, or maintenance would constitute an expense of more
than 25 percent of the lesser of the original value or replacement value of the
sign.
(c) Sign Removal Required. A sign that
was constructed, painted, installed, or maintained in conformance with a permit
under this article, but for which the permit has lapsed or not been renewed or
for which the time allowed for the continuance of a nonconforming sign has
expired, shall be forthwith removed without notice or action from the city.
16-1012 VIOLATIONS. Any of the following shall be a violation of
this article and shall be subject to the enforcement remedies and penalties
provided by this article, the zoning ordinance, and by state law:
(a)To install, create, erect or maintain any sign in a
way that is inconsistent with any plan or permit governing such sign or the
zone lot on which the sign is located;
(b)To install, create, erect or maintain any sign
requiring a permit without such a permit;
(c)To fail to remove any sign that is installed,
created, erected, or maintained in violation of this ordinance, or for which
the sign permit has lapsed; or
(d)To continue any such violation. Each such day of a continued violation shall
be considered a separate violation when applying the penalty portions of this
ordinance.
Each sign installed, created, erected, or maintained
in violation of this article shall be considered a separate violation when
applying the penalty portions of this Chapter.