Chapter 15.10 SIGN CODE

Chapter 15.10
SIGN CODE

Sections:

15.10.010 Purpose.

15.10.020 Exempt signs.

15.10.030 Prohibited signs.

15.10.040 Sign permits and fees.

15.10.050 Unsafe or illegal signs.

15.10.060 Placement of signs.

15.10.070 Signs in residential zones.

15.10.080 Integrated shopping center signs.

15.10.090 Signs in commercial, industrial and Main Street district zones.

15.10.100 Design and construction.

15.10.110 Preexisting and nonconforming signs.

15.10.120 Enforcement and penalty.

15.10.130 Appeals and variances.

15.10.140 Severability.

15.10.150 Definitions relating to signs.

Appendix Freestanding Signs

Appendix Vision Clearance

Appendix Street Banner Regulations/Application

15.10.010 Purpose.

This chapter shall hereafter be known and designated as the “sign code of the City of Monmouth,” and is adopted in recognition of the important function of signs and the need to safeguard and enhance the economic and aesthetic values in the City. This chapter provides standards for frequency, location, size, construction, type and number of signs outside of public rights-of-way and provides reasonable limits on the magnitude and extent of graphic communication presented to the public. (Ord. 1230, April 4, 2006. Code 1983 § 81.010.)

15.10.020 Exempt signs.

The following signs, when they meet the stated provisions, are not subject to other provisions of this sign code, except for the enforcement, penalty provisions and vision clearance requirements.

(1) “A-board” signs, provided:

(a) The display/structure height does not exceed 40 inches tall, nor 24 inches wide, except at an intersection, as defined in Appendix B.

(b) There is only one sign per business.

(c) The sign is located immediately adjacent to either the building or to the curb which adjoins the sidewalk adjacent to the building, to preclude interference with pedestrian traffic.

(d) The sign is displayed only during hours when the business is open.

(e) For businesses located on side streets within 80 feet of Main Street, an off-site sign may be located at the intersection with Main Street. The sign shall be located adjacent to the curb to preclude interference with pedestrian traffic.

(2) Garage sale signs: See MCC 5.20.090.

(3) “MANAGED BY____” sign, provided it does not exceed three square feet.

(4) Memorial tablets, cornerstones, or similar plaques, provided they do not exceed six square feet in size.

(5) Signs painted on, or placed upon a window, in a nonresidential zone, provided such signs do not obscure more than 50 percent of such window.

(6) Small, incidental signs, provided they do not exceed two square feet in size. Such signs are limited to two nonilluminated, exterior signs per lot or one per street frontage, whichever is greater.

(7) Neon tube lighting; provided, that it does not exceed two square feet in size. Neon tube lighting is limited to two per street frontage; provided, that one is an “Open” sign.

(8) “PRIVATE PARKING” signs, not exceeding two square feet.

(9) Real estate directional signs not exceeding two square feet in size.

(10) Seasonal signs and lighting; provided, that the display is only visible for 90 days per calendar year.

(11) Any sign within a building that communicates only to persons within a building, unless otherwise noted.

(12) Strings of lights in nonresidential zones, provided they:

(a) Do not exceed five watts per bulb; and

(b) The bulbs are placed no closer than six inches apart; and

(13) Temporary, nonilluminated signs meeting the following criteria:

(a) Real estate or construction signs, that do not exceed six square feet in residential zones or 32 square feet in commercial and industrial zones. Such signs shall be removed within seven days from the sale, lease or rental of the property or completion of the project.

(b) One residential development promotional sign not exceeding 32 square feet may remain during the promotion of the project.

(c) Signs for charitable fund raisings, sales, or temporary events, provided they do not exceed 16 square feet. Such signs shall not be placed more than 14 days prior to the event and must be removed within two days of the conclusion of the event. Limit of six such event signs per lot per year.

(d) Political signs, provided they do not exceed six square feet in size. Such signs are to be erected no more than 60 days prior to, and removed within seven days following, an election.

(e) Temporary Promotional Signs. Displays for a center-wide promotion or event that are removed immediately upon cessation of such event or promotion.

(14) Directional and informational signs placed by a government or governmental agency, including, but not limited to, traffic signs, lights and signals.

(15) Advertising signs placed at a sports facility owned by a government or governmental agency.

(16) Sail Signs:

(a) Use of sail signs is allowed in office, commercial, and industrial zones on Highway 99W.

(b) One sail sign is permitted for every 50 lineal feet of street frontage on Highway 99W, up to a maximum of four sail signs.

(d) The maximum size for a sail sign shall be 24 square feet.

(e) Sail signs shall be placed on the business property and not within the Highway 99W right-of-way.

(f) Sail signs shall not be placed within a required vision clearance area.

(g) Sail signs shall not be placed in a parking space or on a vehicle within a parking space.

(h) Sail signs shall not be placed in a sidewalk or any other location that may interfere with accessibility. (Ord. 1230, April 4, 2006; amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 81.020.)

15.10.030 Prohibited signs.

The following signs are prohibited:

(1) All signs not specifically exempt from or allowed by the sign code.

(2) Flashing signs and strobe lights.

(3) Movable, temporary, or bench signs except as may be authorized in MCC 15.10.020.

(4) Moving, rotating, or otherwise animated signs or parts thereof, except barber poles and electronic reader boards subject to MCC 15.10.090(2)(f).

(5) Obscene signs.

(6) Obsolete signs.

(7) Off-premises signs, except as exempt in MCC 15.10.020.

(8) Public address system or sound devices used in conjunction with any sign.

(9) Signs which consist of flags, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or elements creating sound, except as exempt from this sign code pursuant to MCC 15.10.020(12).

(10) Three-dimensional statue, caricature or representation of persons, animals or merchandise as a sign or incorporated into a sign structure, except by variance.

(11) A sign described in MCC 15.10.020(14) not placed by a government or governmental agency, or which hides from view any such sign placed by a government or governmental agency.

(12) Wall graphics or murals except by permission of the City Council.

(13) Wind sign or device.

(14) Any sign placed so that it obstructs any fire escape, stairway or standpipe, or that interferes with human exit through any upper story window, or other emergency access/egress.

(15) Signs that are trailer mounted for advertising purposes, except signs exempt from this sign code under MCC 15.10.020(13)(e).

(16) Inflatable advertising devices. (Ord. 1230, April 4, 2006; amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1352, § 1 (Exh. A), December 2, 2014. Code 1983 § 81.030.)

15.10.040 Sign permits and fees.

(1) A sign permit is required in each of the following instances:

(a) For the erection of any new sign except exempt signs.

(b) To make an alteration to an existing sign, including a change in the size or materials. Permits shall not be required for maintenance and repairs to existing signs or for changes in sign copy for conforming signs.

(c) To erect a temporary sign for a new business. The permit fee shall be credited toward the fee required for a permanent sign.

(2) Required Information for a Sign Permit Application. An application for a sign permit shall be filed and shall include the following: a drawing to scale which fully depicts the material, color, texture, dimensions, shape, location and attachment to building and other structures, structural elements of the proposed sign, and the size and dimensions of any other signs located on the applicant’s building or lot.

(3) Sign Permit Record Required. The Building Department shall keep a copy and permanent record of each sign permit issued.

(4) Sign Permit Fee. The fee for a sign permit shall be set by resolution of the City Council. Any sign erected without a permit shall cost the permittee double the regular sign fee, if a sign permit is subsequently issued.

(5) A sign permit is void if the sign is not erected within 180 days of the issuance of the permit.

(6) The processing and decision on a sign permit is not a land use action. (Ord. 1230, April 4, 2006. Code 1983 § 81.040.)

15.10.050 Unsafe or illegal signs.

(1) If the Building Official finds that any sign is unsafe or insecure, or is erected or maintained in a manner which violates the sign permit or sign code or is an illegal sign, he or she shall give written notice to the permittee and property owner thereof to remove or alter the sign within seven days.

(2) The Building Official may cause any sign which is an immediate peril to persons or property to be removed immediately, and said sign shall not be reestablished until the peril is eliminated and a valid permit has been issued.

(3) Failure to remove or alter a sign as directed shall subject the permittee and the property owner to the penalties prescribed in this sign code. (Ord. 1230, April 4, 2006. Code 1983 § 81.050.)

15.10.060 Placement of signs.

(1) Adjacent to Residential Zones. No sign shall be located in a commercial or industrial zone so that it is primarily visible from a residential zone.

(2) Near Street Intersections and Driveways. No sign in excess of 30 inches in height shall be placed in the vision clearance area, as defined in MCC 18.140.110. This provision shall apply to all zones. See Appendix B.

(3) Future Street Right-of-Way. No sign or portion thereof shall be erected within future street rights-of-way, as depicted in the Master Street Plan, unless, and until, an agreement is recorded stipulating that the sign will be removed, or relocated, when the City so requests, at no expense to the City. (Ord. 1230, April 4, 2006. Code 1983 § 81.060.)

15.10.070 Signs in residential zones.

(1) Neighborhood Identification Signs. One neighborhood identification sign not exceeding six square feet with lettering not over nine inches in height, located not over three feet above grade at each entry point to a subdivision. Such signs must meet vision clearance requirements when placed at an intersection. See Appendix B.

(2) Home Occupations. For a home occupation authorized under Chapter 18.30 MCC, no sign is used other than a name plate not over two square feet in area. The sign shall be a wall sign. Projecting, freestanding or other types of signs are not permitted.

(3) Conditional Uses. Land uses authorized by a conditional use land use approval are permitted one freestanding sign not exceeding five feet in height nor 15 square feet in area, set back at least 10 feet from the property lines; or one wall sign in lieu of a freestanding sign, provided the sign is approved in conjunction with the issuance of the conditional use.

(4) Internally illuminated signs are not permitted, except within the MX and MSD zones. (Ord. 1230, April 4, 2006; amended by Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 81.070.)

15.10.080 Integrated shopping center signs.

(1) General Center Sign. One freestanding sign for the shopping center for each street frontage on an arterial or collector street. The height of such sign shall not exceed 20 feet, the area shall not exceed 100 square feet, and the sign shall not be less than eight feet above grade.

(2) Directional Signs. Signs identifying vehicle entrances and exits shall not exceed eight square feet in area nor four feet in height.

(3) On-Premises Directional Signs. Signs designed to be used only to identify and locate an office, entrance, exit, telephone or similar place and shall not exceed eight feet in area.

(4) Signs for Individual Businesses.

(a) One wall sign for each wall facing or frontage on an arterial or collector street or parking lot.

(b) One under-marquee sign for each frontage for each business.

(5) Temporary Signs. As provided in MCC 15.10.020(13)(e). (Ord. 1230, April 4, 2006; amended by Ord. 1352, § 1 (Exh. A), December 2, 2014. Code 1983 § 81.080.)

15.10.090 Signs in commercial, industrial and Main Street district zones.

(1) Special Provisions.

(a) The number and use of signs allowed for a business frontage shall be placed only upon such business frontage. No business shall be credited with more than two business frontages.

(b) Aggregate number of signs for each business shall be two for each business frontage.

(c) The aggregate area of all signs located on a business frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage or 120 square feet, whichever is less. Maximum square footage for any one sign shall be 60 square feet. Aggregate area shall not include nameplates and real estate and construction signs.

(d) Signs for Second-Story Businesses. Businesses maintained on the second floor of a two-story building, except businesses which also occupy all or a portion of the first floor, shall be entitled to 50 percent of the dimensions and distances set forth in this section, excepting no projecting signs shall be permitted above the second story of the building, unless otherwise allowed in this sign code.

(2) Types of Signs Permitted.

(a) Wall Signs.

(i) Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite.

(ii) Area. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. This area shall not exceed 60 square feet.

(iii) Projection. Signs may project a maximum of 18 inches from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet may only project four inches.

(iv) Extension Above Roof Line. Signs may not project above the roof or eave line of the building.

(b) Freestanding Signs.

(i) Number. One sign, in lieu of one wall sign, shall be permitted for each business premises with a street frontage in excess of 50 lineal feet. Corner lots can count only one street frontage.

(ii) Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of 60 square feet per sign.

(iii) Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Appendix B.

(iv) Separation. Minimum separation between freestanding signs shall be 100 feet.

(v) Height. No freestanding sign shall exceed 20 feet above grade.

(i) Number. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs.

(ii) Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign.

(iii) Projection. Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee.

(iv) Height. Signs shall have a maximum face height of nine inches if placed below the marquee.

(v) Clearance Above Grade. The lowest portion of a sign attached to a marquee shall not be less than eight feet above grade.

(vi) Signs Painted on a Marquee. Signs can be painted on a marquee in lieu of all or a portion of the sign area allowed for wall signs, provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs.

(d) Projecting Signs.

(i) Number. One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign.

(ii) Area. Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 15 square feet.

(iii) Projection. Signs may project from the face of the building to which they are attached a maximum of three feet if located eight feet above grade, or four feet if located nine feet above grade or more, except for barber poles, which may project only 18 inches from the face of the building and must be located at least eight feet above grade.

(iv) Heights and Extension Above Roof Line. Signs shall not extend more than three feet above the roof line at the wall, or parapet wall of the building to which they are attached, or be lower than eight feet above grade, except for barber poles, which may not be lower than eight feet above grade.

(e) Roof Signs. Permitted within the commercial highway zone only.

(i) Each business shall be allowed a maximum of one roof sign.

(ii) Height Limitation. A roof sign must not exceed 25 feet above grade, nor more than three feet above the parapet wall, or the roof line at the wall, whichever is lower.

(iii) Projection Limitation. Projection shall conform with subsection (2)(d)(iii) of this section.

(f) Electronic Reader Board. Forty percent of permitted sign area is allowed as an electronic reader board, subject to the following requirements.

(i) Maximum sign area: 24 square feet.

(ii) Maximum height: four feet.

(iii) Maximum length: 12 feet.

(iv) A maximum of two lines of text shall be displayed at once.

(v) Scrolling text is allowed; however, text shall not be flashing and the display shall not contain any special effects or additional animation beyond scrolling.

(vi) Scrolling speed shall be constant and shall not exceed five characters per second.

(vii) Scrolling motion shall be from left to right or from top to bottom and shall be unidirectional as opposed to variable.

(viii) Other than scrolling as set forth above, sign content as defined may be changed no more frequently than once every 10 seconds.

(ix) The sign shall only display letters, numbers and punctuation marks, intended to convey a message in narrative form. Said message shall be limited to advertising items available on the premises, conveying information pertinent to services provided on the premises, promoting community events, and displaying time and temperature.

(x) All copy shall be the same single solid color.

(xi) All copy shall be the same font type and size.

(xii) All copy shall contrast sufficiently with the background in order to allow for ease of reading.

(xiii) The background shall be a single solid color.

(g) Banner Signs.

(i) Use of banner signs is allowed in all office, commercial and industrial zones.

(ii) Each banner sign requires an approved sign permit.

(iii) Each property is limited to four sign permits for banners per calendar year.

(iv) The maximum sign area for a banner shall be 32 square feet, except banners spanning City streets.

(v) Each sign permit shall be valid for 30 consecutive days, after which time the banner shall be removed.

(vi) The sign area of a banner sign shall not reduce sign allocation for a property.

(vii) Banners Spanning Streets. Subject to specifications, see Appendix C.

(h) Outdoor Menu Board Signs.

(i) Two outdoor menu boards per drive lane are allowed at a drive-in, drive-through, or walk-up restaurant, or other business with a drive-through window.

(ii) The maximum sign area for each menu board shall be 32 square feet.

(iii) Such signs shall be located out of the front yard setback and shall be located where the primary viewing is to the drive-up or walk-up customers.

(iv) Such signs shall be used only for providing product or transaction information necessary for utilizing the drive-up, drive-through, or walk-up window.

(v) Such signs shall be professionally designed and constructed.

(vi) Outdoor menu board signs are not included in the calculation of the aggregate number of signs for each business frontage.

(vii) The sign area for outdoor menu boards is not included in the aggregate sign area calculation for each business frontage. (Ord. 1230, April 4, 2006; amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 81.090.)

15.10.100 Design and construction.

(1) General. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs supported on buildings, the dead and lateral loads shall be transmitted to the ground in a manner so as to avoid overstressing the elements of the structural frame. The overturning moment produced by lateral forces shall not exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

(2) Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces as specified in the State of Oregon Structural Specialty Code as now or hereafter constituted.

(3) Seismic Loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the State of Oregon Structural Specialty Code as now or hereafter constituted.

(4) Combined Loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only the loading producing the larger stress need be used. Vertical design loads, except roof live loads, shall be assumed to be acting with wind or seismic loads.

(5) Allowable Stresses. The design of wood, concrete, steel or aluminum members shall conform to the requirements of the State of Oregon Building Code as now or hereafter constituted. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the State of Oregon Building Code as now or hereafter constituted. The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the State of Oregon Building Code as now or hereafter constituted.

(6) Construction. General supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this sign code.

(7) Materials. Materials utilized for signs and sign structures shall be of the quality and grade as specified for buildings in the State of Oregon Building Code as now or hereafter constituted. In signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following: Anchors and supports of wood embedded in the soil, or within six inches of the soil, shall be all heartwood of a durable species or shall be pressure treated with an approved preservative. Ground signs may be constructed of any material meeting the requirements of this sign code. Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in this section. Combustible materials other than approved plastics shall not be used in the construction of electric signs.

(8) Exceptions to Materials.

(a) Roof signs may be constructed of unprotected combustible materials on roofs of combustible construction.

(b) Roof signs with a maximum surface area of 50 square feet and a maximum height of five feet may be constructed of combustible materials on roofs of any type of construction.

(c) Nonelectric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.

(9) Anchorage. Members supporting unbraced signs shall be proportioned so that the bearing loads imposed on the soil, in either the horizontal or vertical direction, shall not exceed safe values as defined in the State of Oregon Building Code as now or hereafter constituted. Braced ground signs shall be anchored to resist specified wind or seismic load. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

(a) Portable ground signs supported by frames or posts rigidly attached to the base shall be proportioned so that the weight and size of the base will be adequate to resist the wind loads specified in this chapter.

(b) Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.

(c) Wooden blocks or plugs or anchors with wood used in connection with screws or nails shall not be considered to provide anchorage, except for of signs attached to wood framing.

(d) The anchorage or support of a sign shall not be connected to, or supported by, an unbraced parapet wall, unless the wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the State of Oregon Building Code as now or hereafter constituted. (Ord. 1230, April 4, 2006. Code 1983 § 81.100.)

15.10.110 Preexisting and nonconforming signs.

(1) Preexisting, nonconforming signs must be brought into conformance with the requirements of this sign code prior to any expansion of the premises in excess of 10 percent or change in use on the premises where the sign is located.

(2)(a) No structural alterations or extensions, or other substantial changes of a permanent nature, of a preexisting, nonconforming sign are permitted except when such alterations, extensions or changes are such as to bring the sign into compliance with this sign code.

(b) Repairs for damage caused by acts of God, accidents, or vandalism shall be exempt from subsection (2)(a) of this section if the cost of repair is less than 50 percent of the cost of replacing the sign with a sign which meets the requirements of this sign code.

(3) Temporary signs cannot be preexisting nonconforming signs and shall not be “grandfathered.” (Ord. 1230, April 4, 2006. Code 1983 § 81.110.)

15.10.120 Enforcement and penalty.

This sign code shall be enforced by the Building Official. A violation is punishable by a fine not to exceed $500.00. Each day a violation continues shall constitute a separate offense. (Ord. 1230, April 4, 2006. Code 1983 § 81.120.)

15.10.130 Appeals and variances.

The Planning Commission will receive, hear and rule upon appeals from denials of permits and requests for variances.

(1) Grounds for Variance. A variance to the provisions of this sign code may be approved if the applicant demonstrates that the architectural design of the building, or the location of the building upon a building site, or other special circumstances that are so unusual or unique that a hardship will be created which will deny the applicant the same opportunity to erect a sign as other persons not burdened with such unusual or unique architectural design, building site, or other special circumstances would have. Franchise business sign requirements shall not be the sole grounds for a variance request.

(2) Variances. The following regulations are not subject to this variance section:

(a) MCC 15.10.030, Prohibited signs. Except as per MCC 15.10.020.

(b) MCC 15.10.050, Unsafe or illegal signs.

(3) Filing Deadline and Filing Fees.

(a) An appeal from the denial of a permit or a request for a variance shall be made by filing a written notice thereof with the City Planner, within 30 days from the date of the City Planner’s decision denying a permit.

(b) The filing fee for an appeal or variance shall be set by resolution of the City Council.

(4) Hearings. The Planning Commission shall hold a public hearing on an appeal or a request for variance. Public notice shall be published in a newspaper of general circulation within the City at least seven days prior to the date of the hearing.

(5) Where a sign, approved through the variance process, is not installed within 180 days of the notice of decision the variance shall expire.

(6) The processing and decision on an appeal or variance is not a land use action. (Ord. 1230, April 4, 2006; amended by Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 81.130.)

15.10.140 Severability.

Any finding by any court of competent jurisdiction that any portion of this sign code is unconstitutional or invalid shall not invalidate any other portion of this sign code. (Ord. 1230, April 4, 2006. Code 1983 § 81.140.)

15.10.150 Definitions relating to signs.

“A-board sign (or sandwich board sign)” means a sign supported by one or more uprights, braces or sides that are supported directly by the ground but are not permanently affixed, attached to or implanted in the ground. Size restrictions apply to all support structures.

“Alteration” means any change, excluding content, and including, but not limited to, the size, shape, method of illumination, position, location, materials, construction, or supporting structure of a sign.

“Animated (moving) sign” means any sign or permanent structure that uses movement, projection, or change of lighting or other electrical impulses to depict action or create a special effect.

“Area” means the area included within the outer dimensions of a sign. In the case of a multi-faced sign, the area of each face shall be included in determining sign area, except that double-faced signs placed no more than 24 inches back-to-back shall not be considered multi-faced. See Appendix A.

“Awning” means a temporary or movable shelter supported from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

“Banner” means a temporary sign constructed of a strip of cloth.

“Building face of wall” means all window and wall area of a building in one plane or elevation.

Business Complex. See “shopping center or business complex.”

“Business frontage” means the lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having an entrance/exit open to the general public.

“Business premises” means a parcel of property or that portion thereof occupied by one business tenant.

“Canopy” means a nonmovable roof-like structure attached to a building.

“Direct illumination” means a source of illumination on the surface of a sign or from within a sign.

“Electronic message center” means an electronically controlled sign, including all its controls, with a face of recessed lamp bulbs with display copy.

“Electronic reader board” means an electronically controlled, changeable copy sign that consists in whole or in part of light emitting diodes (LEDs). Such signs shall only display an ordered sequence of letters, numbers and/or punctuation marks intended to transmit a message. The message shall refer exclusively to items or services available on the premises, community events, or time and temperature.

“Flashing sign” means a sign incorporating intermittent electrical impulses to a source of illumination or revolving or moving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination, including time and temperature signs.

“Freestanding sign” means a sign erected on a freestanding frame, mast or pole affixed, attached or implanted in the ground and not attached to any building.

“Frontage” means a single wall surface of a building facing a given direction.

“Grade” means the elevation or level of the street measured at the curb line of the street that the sign faces.

“Height” means the distance between grade and the top of a sign structure.

“Illegal sign” means a sign that is erected or maintained in violation of the Monmouth sign code.

“Indirect illumination” means a source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign.

“Marquee” means a nonmovable roof-like structure which is self-draining.

“Marquee sign” means a sign that is painted on, attached to or supported by a marquee, awning or canopy.

“Neon” means any electric discharge lighting tube sign, regardless of fill gas used. Fluorescent lighting used as internal sign illumination source is excepted.

“Neon tube lighting” means a sign that includes one or more directly visible neon tube light sources or lighting sources of a similar nature, such as light emitting diodes (commonly known as LED displays), or a sign that includes lighting that creates a similar visual effect as neon tube light sources.

“Obscene sign” means a sign which contains words or pictures in which the dominant theme, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is without redeeming social value.

“Obsolete sign” means an on-premises sign advertising a business which is no longer conducted in or upon the premises upon which the sign is located, unless the successor to the business or business location agrees to maintain the sign by filing a letter of intent with the Building Official within 30 days after written notice by the Building Official to the owner of the premises to remove the sign and the sign complies with the provisions of the sign code within the time specified by the Building Official.

“Off-premises sign” means a sign located on property, or on adjacent public right-of-way, which property is not owned, occupied, or controlled by the person or business associated with the sign, and which is not exempt from this sign code under MCC 15.10.020.

“Outdoor menu board” means a permanent outdoor sign, associated with a drive-in, drive through, or walk-up restaurant, or other business with a drive-through window, which gives a detailed list of foods or other goods and prices that are available at the business. Such signs are permitted on site.

“Pennant” means a banner which tapers to a point.

“Permanent sign” means a sign, authorized by a sign permit, attached to a building, structure, or ground, which will be permanently in place for the duration of the permit use. Examples of permanent signs include wall signs, projecting signs, freestanding or monument signs, and marquee or awning signs.

“Preexisting nonconforming sign” means signs in existence on the effective date of this sign code which fully comply with the sign regulations in effect prior to the adoption of this sign code but which violate or do not conform to the provisions hereof.

“Projecting signs” means a sign, other than a wall sign, which is attached to and projects from a structure or building face, usually perpendicular to the building face.

“Projection” means the distance by which a sign extends over public property or beyond the building line.

“Roof sign” means any sign erected upon, against, or directly above the roof, top, or parapet of a building.

“Rotating sign” means a sign that revolves, rotates, or otherwise moves, in whole or part.

“Sail sign” means a piece of cloth, varying in size, shape, color, and design, attached at one edge to a staff or cord for the entire vertical length of the cloth, and used as a means of conveying a message.

Sandwich Board Sign. See “A-board sign (or sandwich board sign).”

“Seasonal sign” means a temporary sign relating to the celebration or observance of a holiday or special event placed at or around the time of the holiday or special event and removed within a reasonable time thereafter.

“Shopping center or business complex” means four or more individual businesses which are in a building or group of buildings, on one or more lots which are contiguous or which are separated by a public right-of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which are constructed and/or managed as a single entity, and share ownership and/or function.

“Sign” means any written message, light, other than a light used primarily to illuminate a building or premises time-temperature display, painting, drawing, or any device, structure or fixture which:

(a) Is designed, used or intended for advertising purposes or to inform or to attract the attention of the public; and

(b) Is viewable from a public street, public right-of-way or private area open to public vehicular traffic.

A sign includes the sign structure, display surface, interior illuminated panels, fascia strips, bands, columns, or other interior illuminated decorative features located on or off the structure, with or without lettering or graphics.

“Street frontage” means the lineal dimension in feet that the property upon which a structure is built abuts a public street or streets.

“Temporary sign” means a sign which is not permanently affixed, including sail signs, banners, pennants, flags (not including flags of national, State or City governments), search lights, sandwich boards, sidewalk signs, curb signs, balloons or other air or gas-filled balloons.

“Time and temperature sign” means an electronically controlled time and temperature display.

“Wall graphics” means any mosaic, mural, painting or graphic art technique or combination thereof applied, implanted or placed directly onto a wall or fence.

“Wall sign” means a sign attached to, erected against, or painted upon the wall of a building with the face in a parallel plane of the building wall.

“Wind sign or device” means any sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressures by wind or breeze. This definition includes segmented “A-board” signs where any number of panels are free to swing within a larger frame. This definition does not include sail signs. (Ord. 1230, April 4, 2006; amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 81.150.)