Chapter 16-64 SIGN CONTROL

The purpose of this chapter is to permit such signs that, by their reason, size, location, construction, or manner of display, will not endanger the public health, safety or morals of individuals; will not confuse, mislead or obstruct the vision necessary for traffic safety; and will support and compliment the city’s adopted land-use planning objectives. Provisions are intended to aid in traffic control through the regulation of undue sign concentrations which are distracting or otherwise decrease traffic safety or impede traffic flow; protect property values by avoiding unnecessary visual completion and uncontrolled sign proliferation and improve economic vitality by encouraging attractive, informative, and coordinated signage. (Ord. 2286 § 21.0, 1982)

16-64-020 On-premises versus off-premises signage.

The terms “on-premises” and “off-premises” relate to whether the content or message of the sign relates to an activity which is or will take place on the property where the sign is located. An off-premises sign, relating to an activity not occurring at that location, is not permitted unless specifically allowed by the district regulations contained in this chapter. (Ord. 2286 § 21.1, 1982)

16-64-030 Required signs.

A. The name and address of any nonresidential building and the name of all current occupants of the building must be identified on or legible from the exterior of the building.

B. Off-street parking facilities for ten or more cars must be identified by a sign displaying the letter “P” in a size between eight and eighteen (18) inches high, and directional arrow indicating ingress. Such a sign may also identify the building or principal occupant to which the parking is accessory in letters not to exceed eight inches. (Ord. 2286 § 21.2, 1982)

16-64-040 Signs prohibited in all districts.

The following signs are specifically prohibited in all districts.

A. Flashing. Signs that flash using bulbs in excess of twenty-five (25) watts;

B. Illegal. Signs advertising activities which are illegal under federal, state or city laws or regulations;

C. Improperly Mounted. Signs which are attached to utility poles, trees, fences or in any unauthorized manner to walls or other signs;

D. Improperly Lit. Signs with lights directed at the surface of the sign which cause glare, reflection or illumination of adjacent properties or public right-of-way;

E. Inadequately Maintained. Signs that are not maintained in good state of repair. Painted surfaces shall not be faded or cracked. Display surfaces, structural members and electrical equipment including, but not limited to, neon tubes, lamps, ballasts, wiring and transformers shall be maintained in safe and operable condition;

F. Obsolete. A sign which for ninety (90) consecutive days has directed attention to a product, place, activity, person, institution or business which is no longer in operation, has already occurred or no longer exists;

G. Obstruct. Signs which obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress, or egress for any building or structure;

H. Traffic Hazard. A sign which by reason of its size, location, movement, content or manner of illumination constitutes a detriment to traffic safety by obstructing the visibility of any official traffic control device.

I. Moving signs, which are signs which flutter, undulate, swing, rotate, oscillate, or otherwise move by natural or artificial means. Pennants, banners and inflatable signs are specifically included within the definition of moving signs.

J. Illuminated tubing, rope lights and string lights, including neon, LED, and incandescent, used to outline, stripe, highlight, or decorate portions of commercial buildings or building elements such as doors, windows or awnings, except:

1. Lights temporarily displayed in connection with a civic, patriotic, or religious holiday, provided they are removed within fourteen (14) days after the holiday. (Ord. 3422 § 1, 2021; Ord. 2286 § 21.3, 1982)

16-64-050 Signs permitted in all districts.

The following signs, as defined and regulated herein are permitted in all districts subject to additional standards and restrictions established for each district:

A. Apartment, Subdivisions, or Mobile Home Signs. Signs located at the drive or entrance to an apartment complex, subdivision or mobile home development identifying the name or address of the development and containing no other information;

B. Construction Signs.

1. Any temporary sign announcing the names of architect engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building enterprise or the purpose for which the building is intended. One unlighted sign up to twenty (20) square feet identifying parties involved in construction on the premises where the sign is located;

2. One illuminating sign of up to forty (40) square feet identifying the owner’s name and the activity for which the building is intended and describing the construction process, but not including the advertisement of any product. Such signs shall be located on the site of the construction work and must be removed within fourteen (14) days after the beginning of the intended activity;

C. Flags. Flags bearing the official design of a nation, state, municipality or organization;

D. Garage, Yard or Other Temporary Sale Signs. Rummage sale or other temporary sale signs clearly incidental to the primary use of the premises on which they are located. Not more than two signs shall be erected on any one street and the total area of the signs shall not exceed eight square feet;

E. Holiday Signs. Temporary signs or displays which contain or depict a message pertaining to a national or state holiday and other information;

F. Public Events Signs. One unlighted sign of up to thirty-two (32) square feet displayed on private property and limited to one per each premises, announcing a campaign drive or event of a political, civic, educational, or religious organization, to be removed within fourteen (14) days after the event;

G. Real Property Sale or Rental Signs. Any on-premises sign announcing the name of the owner, manager, realtor or other persons directly involved in the sale or rental of the property or announcing the purpose or condition for which it is being offered. One unlighted sign, to be removed within fourteen (14) days after sale, rental or lease;

H. Institutional Signs. Any sign or bulletin board setting forth or denoting name of, or simple announcement for, any charitable organization when located on the premises of such organization;

I. Integral Signs. Name of buildings, dates of construction, commemorative tablets, and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made as an integral part of the building structure;

J. Nameplate and Address Signs. Signs which identify the owner, resident, manager, business, home occupation or address of the premises where the sign is located and containing no other information;

K. Political Campaign Sign. Temporary signs announcing candidates seeking public political office and other data pertinent thereto;

L. Public Information Signs. Signs of a public or noncommercial nature including safety, trespassing, traffic entrance and exit signs, signs indicating scenic or historical points of interest, memorial plaques and the like, and all signs erected by or order of a public officer in the performance of a public duty. (Ord. 2286 § 21.4, 1982)

16-64-060 Illuminating signs.

A. Signs shall be illuminated only by steady, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises.

B. Illuminating signs, including neon, shall not produce more than one foot candle of illumination four feet from the sign.

C. Sign, including off-premises signs shall not be illuminated between the hours of eleven p.m. and seven a.m. when located within one hundred (100) feet of a residential dwelling.

D. No illuminated sign shall be placed within one hundred (100) feet of an illuminated traffic signal if, in the opinion of the chief of police, the same shall interfere with, confuse or distract driver’s compliance with said illuminated traffic signal. Appeals from rulings of the chief of police may be made to the mayor and city council.

E. All illuminating signs shall be constructed and wired in according with regulations as prescribed by the electrical code of the city. (Ord. 2286 § 21.8, 1982)

16-64-070 Nonconforming signs.

Any sign lawfully existing or under construction on the adoption date of the ordinance codified in this title which does not conform to the provisions contained herein, may be continued or maintained but may not be replaced, structurally altered, reestablished if discontinued or continued if destroyed or damaged to the extent of fifty (50) percent or more of its value. (Ord. 2286 § 21.9, 1982)

16-64-080 Administration.

A. No sign other than temporary signs not erected for a period to exceed thirty (30) days and nameplate and address sign, shall be erected without a permit issued by the planning department, application for which shall be accompanied by such scale drawing.

B. If the planning department shall find any sign or other advertising structure regulated in this chapter as unsafe or insecure, or has been constructed or erected in violation of the provisions of this chapter, he shall provide written notice to the permittee thereof.

C. Failure to remove or alter the structure so as to comply with the standards set forth in this chapter, such sign may be removed or altered to comply with standards at the expense of the owner of the property. The building inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed.

D. The planning department may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

E. Any sign now or hereafter existing which has been abandoned, fallen into disuse, or which no longer advertises a bonafide business, product sold or service rendered, shall be removed by the owner, agent or persons using the building, structure or lot upon which such sign is located within ten days after written notification from the planning department. The planning department is authorized to cause removal of such sign, and expense of removal shall be paid by the owner of the building, structure or lot upon which such sign is located.

F. The city administrator or his designee, when requested in writing, may mitigate the provisions of this chapter prohibiting pennants, banners and inflatable signs, but on a temporary basis only in accordance with the following provisions:

1. Definition. “Temporary” means no more than two (2) one (1) week periods.

2. Authorization. Authorization for pennants, banners and inflatable signs shall be in writing signed by the city administrator or his designee, and shall state the number of days such use is to be permitted. No such authorization shall be given more than once per quarter in a calendar year for a specific location.

3. Conditions. Authorization for inflatable signs shall be subject to the following conditions:

a. The signs must be anchored to the ground.

b. The signs must be placed so as not to diminish the number of customer parking spaces in a parking lot.

c. The signs must not obstruct vehicle or pedestrian ways.

d. The fine for any pennant, banner or inflatable sign erected without prior approval shall be fifty dollars ($50.00).

e. Removal. All authorized pennants, banners and inflatable signs shall be removed at the expiration of such authorization. Pennants, banners and inflatable signs erected without prior approval shall be immediately removed upon notification by the city. (Ord. 3422 § 1, 2021; Ord. 2286 § 21.10, 1982)

Article II. Residential Districts

16-64-090 Sign regulations for residential districts.

In the R1 and R1-D single dwelling unit, R-2 two dwelling unit, RM multi-dwelling districts no sign, business or advertising display shall be erected except the following nonflashing, nonilluminating signs:

A. Nameplates and identification signs, subject to the following restrictions:

1. Them shall be not more than one name plate not exceeding one square foot in area for each dwelling unit indicating the name or address of the occupant except for signs identifying multiple-family dwellings, a single identification sign not exceeding six square feet in area and indicating only name and address of the building and the name of management.

2. Signs identifying churches and related religion are allowed one identification sign not to exceed ten square feet in area.

3. Projection. No sign shall project onto the public right-of-way.

4. Height. The top of the sign shall not exceed twenty (20) feet above curb level.

5. Setback Requirement. All signs permitted in residential districts are required to comply with the setback requirements for that district.

B. Real property or rental signs are subject to the following restrictions:

1. Not more than one sign shall be erected and the total area shall not exceed four square feet per dwelling unit.

2. Signs shall be displayed flat against the dwelling unit, and shall not project above the height of any exterior wall.

D. Directional signs and signs accessory to parking areas are subject to the following restrictions:

1. Directional signs shall not exceed two square feet in area.

2. Signs designating entrances to or exits from parking areas are limited to one sign for each such entrance or exit and to a maximum size of two square feet each.

3. Projection. No sign shall project beyond the property line into the public right-of-way.

4. Height. The top of directional signs shall not be higher than eight feet above curb level. (Ord. 2286 § 21.5, 1982)

Article III. Commercial and Industrial Districts

16-64-100 Sign regulations for commercial and industrial districts.

In the NC neighborhood commercial, HC highway commercial, DB downtown business and light and manufacturing districts business advertising signs shall be erected under the following restrictions:

A. A sign or signs may be permitted on the front wall of any principal building, but may not exceed twenty-five (25) percent of the total area.

B. A sign or signs may be permitted on the side wall of any principal building, but may not exceed twenty-five (25) percent of the total area.

C. Ground signs, single or double faced, may be permitted but the area shall not exceed one hundred twenty (120) square feet on each side; nor shall such sign exceed thirty-five (35) feet in height.

D. All signs shall be constructed to withstand a wind pressure of thirty (30) pounds per square foot.

E. Display window signs on the surface of or inside display windows, cover no more than twenty (20) percent of the display window area.

F. Off-Premises Signs.

1. Shall not be permitted in the NC neighborhood commercial or DB downtown business district; but are permitted in the HC highway commercial, and light and heavy manufacturing districts;

2. Shall not be located within sixty (60) feet of residential district;

3. Shall be required to follow setback restrictions as established in the commercial and industrial districts;

4. Shall not exceed one per zoning lot, unless on a corner lot in which two will be permitted facing each street and there must be at least one thousand (1,000) feet distance between freestanding off-premises signs.

G. Marquees, Canopies or Awnings.

1. Shall be fixed flat to the principal building and not extending vertically or horizontally beyond it;

2. Minimum clearance of eight feet between bottom of sign and sidewalk;

3. Maximum area of twenty (20) square feet per sign.

4. Maximum height of twenty (20) feet above curb.

5. Maximum number permitted—three per business.

H. Interstate Signs. Signs along Interstate 80 and also between Campbell Streets and Dixie Highway along Sibley Boulevard. (147th) can be elevated to such a height so motorists from the interstate can view the advertisement, but the height cannot exceed twenty-five (25) feet above the roadway.

I. Portable and Mobile Signs.

1. Shall not be located on a lot for more than sixty (60) days in one year and shall contain a maximum area of fifty (50) square feet in area;

2. Shall have a maximum height of six feet, have no more than one per zoning lot and must comply with setback requirements for the district in which the sign is located.

J. Projections. No signs, except marquees, canopies or awnings, either freestanding or mounted on a building, shall project into the public right-of-way beyond five feet from the face of a building.

K. Height.

1. The maximum height of any freestanding sign is thirty-five (35) feet above curb level, except when a physical obstruction exists within two hundred fifty (250) feet of line-of-sight of the traffic artery, then the maximum height permitted will be forty-five (45) feet above curb level.

2. The maximum height of any roof mounted sign is fifty-five (55) feet and not to exceed twenty-five (25) feet above roof level.

3. The maximum height of wall-mounted signs shall not project more than two feet above the wall surface upon which the sign is mounted.

L. Setback Requirements. All signs permitted in the commercial industrial districts are required to comply with setback requirements for that district. (Ord. 2286 § 21.6, 1982)

Article IV. Medical Institutional Districts

16-64-110 Signs permitted in the medical institutional districts.

A. Signs for permitted businesses within the MI medical institutional district shall be limited to one premises sign not exceeding forty (40) square feet in area.

B. One wall sign may be permitted but shall not exceed fifty (50) square feet in area.

C. The maximum permitted height for any freestanding sign is thirty-five (35) feet above curb level.

D. The maximum height of wall-mounted signs shall not project more than two feet above the wall surface upon which the sign is mounted.

E. Setback Requirements. All signs permitted in the medical institutional district are required to comply with setback requirements for that district. (Ord. 2286 § 21.7, 1982)

Article V. Commercial Billboards

16-64-120 Short title.

This article shall be known as and may be cited as “Commercial Billboards for the City of Harvey.” (Ord. 2996 § 1 (part), 1997)

16-64-130 Definitions.

For the purpose of this chapter, whenever any of the following words, or terms are used, they shall have the meanings ascribed to them in the section:

“Back-to-back sign” means an off-premises sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing.

“Directional sign” means a sign erected for the convenience of the public, such as for directing traffic movement, parking, or identifying restrooms, public telephones, walkways and other similar features or facilities, and bearing no advertising message.

“Double faced sign” means an off-premises sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces.

“Facing” means that portion of an off-premises sign upon which advertising is affixed or painted and visible in one direction at one time.

“Freestanding sign” means an off-premises sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.

“Multiple-faced sign” means an off-premises sign comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least six seconds continuously without movement; the duration of movement of sections between advertisements not exceeding two seconds.

“Official sign” means a sign erected by a governmental agency or its designee, setting forth information pursuant to law.

“Off-premises outdoor advertising sign” means a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the sign is located; also called a “billboard.” The following shall not be considered an off-premises sign for the purposes of this article:

1. Directional or official signs authorized by law;

2. Real estate signs;

3. On-premises signs;

“On-premises sign” means a sign which advertises the primary goods or services sold or taking place upon the premises on which the sign is located.

“Real estate sign” means a sign which advertises the sale or lease of the property upon which the sign is located.

“Roof mounted sign” means an off-premises sign attached to the roof of a building.

“Sign” means a name, identification, description, display, or illustration which is affixed to, or painted on, or represented directly or indirectly upon, a building, structure, billboard or parcel of land; and which directs attention to an object, product, place, activity, person, institution, organization, or business. Each display surface of a sign shall be considered to be a separate sign.

The word “sign” does not include the following:

1. Any sign of the United States, state or municipal corporation;

2. The flag, emblem or insignia of a nation, governmental unit, school or religious group;

3. Signs located completely within an enclosed building unless affixed to a window of the building; provided, however, that the provisions of this chapter regulating flashing and moving signs shall apply to all such signs located completely within an enclosed building, if such signs are visible from public property;

4. Signs located completely within an enclosed building with no display surface visible from the building exterior; provided, however, that the provisions of this chapter regulating flashing and moving signs shall apply to all signs in any way visible from the building exterior.

“V-type sign” means an off-premises sign structure which consists of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding ten feet apart at the nearest point to each other.

“Wall sign” means an off-premises sign attached to the wall of a building or structure. (Ord. 3422 § 1, 2021; Ord. 2996 § 1 (part), 1997)

16-64-140 Permitted districts.

Off-premises signs shall be permitted in the following districts:

A. NC neighborhood commercial;

B. HC highway commercial;

C. DB downtown business;

D. LM light manufacturing. (Ord. 2996 § 1 (part), 1997)

16-64-150 Legal nonconforming signs.

Any off-premises sign lawfully erected and in existence on the effective date of the ordinance codified in this article which does not meet the requirements of this article may be maintained as a matter of right as a legal nonconforming sign and may be rebuilt or relocated on the same property, provided that the sign’s degree of nonconformity is not increased. (Ord. 2996 § 1 (part), 1997)

16-64-160 General provisions.

A. No off-premises sign shall be constructed which resembles any official marker erected by a governmental entity, or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device.

B. Off-premises signs shall be constructed in accordance with local and state building and electrical codes. Stamped structural engineering plans shall accompany sign permit applications and shall be subject to wind speed requirements as set forth in the latest edition of the Uniform Building Code.

C. Off-premises signs shall be regularly maintained in good and safe structural condition.

D. No off-premises sign shall be located on a property without the consent of the property’s owner or legal representative.

E. The general area in the vicinity of any freestanding sign on undeveloped property shall be kept free and clear of sign materials, debris, trash and refuse. (Ord. 2996 § 1 (part), 1997)

16-64-170 Size of signs.

A. The maximum sign area for any one face of an off-premises sign shall not exceed six hundred seventy-two (672) square feet, excluding the base or apron, trim supports, and other structural elements. Temporary embellishments shall not exceed twenty (20) percent of the maximum sign area allowed.

B. The sign area shall be measured by the smallest square, circle, rectangle, or combination thereof which will encompass the entire sign face.

C. Signs may be back-to-back, double-faced, V-type, and multiple-faced with not more than two faces to each facing and such structure shall be considered as one off-premises sign. (Ord. 2996 § 1 (part), 1997)

16-64-180 Height of an off-premises sign.

A. An off-premises sign shall maintain a minimum clearance of ten feet measured from the ground level at the base of the sign to the bottom of the sign face.

B. An off-premises sign shall have a maximum height not to exceed fifty (50) feet above grade level of the roadway to the bottom of the sign face, as measured from the centerline of the roadway to which the sign is oriented. (Ord. 2996 § 1 (part), 1997)

16-64-190 Spacing for off-premises signs.

A. No off-premises sign may be established within five hundred feet of any other off-premises sign, measured along the same side of the street or highway to which the sign is oriented.

B. The spacing between signs does not apply to structures separated by buildings or other obstructions in such a manner that only one sign located within the spacing distances is visible from the street at any one time.

C. Spacing from directional and official signs, on-premises signs, or any other sign which does not constitute an off-premises sign shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with the spacing requirements.

D. The minimum distances between off-premises signs shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along each side of the highway and shall apply to structures located on the same side of the same street or highway. (Ord. 2996 § 1 (part), 1997)

16-64-200 Setback requirements.

A. Front. A minimum setback of ten feet is required from front lot line for any off-premises sign, regardless of zone.

B. Side. A minimum setback of five feet is required from side lot line for any off-premises sign, regardless of zone.

C. Rear. A minimum setback of five feet is required from rear lot line for any off-premises sign, regardless of zone.

D. In no case shall any portion of an off-premises sign overhang into or be placed in the public right-of-way, unless allowed by the public entity. An off-premises sign may overhang into the property on which it exists up to the point of the public right-of-way or adjacent public or private property. (Ord. 2996 § 1 (part), 1997)

16-64-210 Lighting.

Off-premises signs may be illuminated subject to the following restrictions:

A. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited if such signs interfere with traffic safety. Reflective surfaces or devices on sign faces, and multiple-faced signs, with illumination, are permitted, provided such signs do not interfere with traffic safety and comply with subsections C and D of this section.

B. Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable-message signs which function in the same manner as multiple-faced signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.

C. Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.

D. No sign shall be so illuminated that interferes with the effectiveness of or obscures an official traffic sign, device or signal. (Ord. 2996 § 1 (part), 1997)

16-64-220 Sign permits.

No off-premises sign shall be erected without securing a permit from city and payment of the permit fee and user fee. Before such permit is issued, an inspection shall determine that the off-premises sign complies with the provisions of this article. (Ord. 2996 § 1 (part), 1997)