§ 44-28. Definitions (q—s).  


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  • Recognizable and substantial benefit. See the term "benefit, recognizable and substantial."

    Recreational space means real estate devoted to recreational purposes which contains city-approved site improvements, including, but not limited to, shelters, swimming pools, tennis courts, and playground fixtures.

    Salvage yard means a use or facility engaged in the storing, keeping, selling, dismantling, shredding, compressing, or salvaging of scrap or discarded material or equipment including, but not necessarily limited to, metal, bottles, machinery, structural steel, and appliances. This term also includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans and other products, commonly referred to as recyclable materials, which can be returned to a condition in which they may again be used in production.

    Sign means any device, structure, fixture, flag, balloon, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing, identifying, displaying, directing or attracting the attention of persons to an object, establishment, institution, organization, product, goods, services, or other message to the general public by means including words, letters, figures, symbols, colors, illuminated or other projected images. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located.

    Sign, accessory, means a sign which pertains to the use of the premises on which it is located.

    Sign, animated, means a sign which uses lights, moving parts, or other means to depict action, create an image of a living creature or person, or create a special effect or scene.

    Sign, awning, means a sign which is painted on, printed on, or attached flat against the surface of an awning.

    Sign, banner, means a sign made of fabric, cloth, paper, or other non-rigid material that is typically not enclosed in a frame.

    Sign, billboard. See the term "sign, off-premises advertising."

    Sign, bulletin board, means a type of "changeable copy" sign which displays the name of an institution, school, library, community center, fraternal lodge, golf course, country club, park or other recreational facility, and which displays announcements of its services and activities upon the premises.

    Sign, changeable copy, means a permanent sign or a portion thereof with letters, characters or graphics that are not permanently affixed to the structure, framing or background, allowing the letters, characters or graphics to be modified manually.

    Sign, changeable copy (automatic), means a sign on which the message changes automatically (for example, electronic or electric time and temperature signs).

    Sign, changeable copy (manual), means a sign on which the message is changed manually (for example, by physically replacing the letters).

    Sign, community identification, means a sign placed at or near the entrance to a unified residential or nonresidential project consisting of at least five dwelling units or three acres in the case of nonresidential projects, and displaying the name of a residential community or other unified development such as a college, an apartment complex, condominium community, senior citizens housing complex, manufactured housing park, or similar use, excluding business centers.

    Sign, community or special event, means temporary signs and banners, including decorations and displays celebrating a traditionally-accepted patriotic or religious holiday, or special municipal or school activities.

    Sign, construction, means a temporary sign identifying the designer, contractors and subcontractor, and material suppliers participating in construction on the property on which the sign is located.

    Sign, directional, means a sign which is intended to direct the flow of vehicular and pedestrian traffic to, from, and within a development site. Specifically enter, exit and parking signs. Business identification or logo on such a sign may be considered and calculated as part of the allowable square footage for a wall or freestanding sign.

    Sign, electronic message center, means a changeable copy sign that utilizes computer-generated message or some other electronic means of changing copy.

    Sign, festoon, means a string of ribbons, tinsel, small flags, pinwheels or lights, typically strung overhead in loops.

    Sign, flashing, means a sign which contains an intermittent or sequential flashing light source.

    Sign, freestanding, means a sign which is erected upon or supported by the ground, including "pole signs" and "ground signs."

    Sign, gasoline price, means a sign which is used to advertise the price of gasoline. In the event that the brand identification sign is attached to or is a part of the sign advertising price, that portion of the sign used for advertising price shall be considered the gasoline price sign.

    Sign, ground, means a three-dimensional, self-supporting, base-mounted freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted. A ground sign may also consist of a base-mounted cylindrical structure upon which a message is painted or posted.

    Sign, illegal, means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.

    Sign, incidental, means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of incidental signs include credit card signs, signs indicating the hours of business, no smoking signs, signs used to designate bathrooms, and signs providing information on credit cards and business affiliations.

    Sign, mansard, means a type of wall sign mounted on the face of a sloped roof or roof-like facade.

    Sign, marquee, means a sign attached to or supported by a permanent roof-like structure or canopy, supported by and extending from the face of the building.

    Sign, monument, means a sign extending upward from grade, which is attached to a permanent foundation, for a distance not less than 75 percent of its length, and which may be attached or dependent for support from any pole, posts, or similar uprights, provided that such supports are concealed within the sign structure.

    Sign, moving, means a sign in which the sign itself or any portion of the sign physically moves or revolves. A "rotating sign" is a type of moving sign.

    Sign, mural, means a design or representation which is painted or drawn on the exterior surface of a structure and which does not advertise a business, product, service, or activity.

    Sign, nameplate, means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

    Sign, nautical theme, means a sign graphically depicting or resembles or makes reference to boating or yachting related activities, navigation of bodies of water, accessories, water-sports, and other concepts typical of waterfront communities, maritime ports and shipping activities.

    Sign, neon. See the term "sign, outline tubing."

    Sign, noncommercial, means a sign that contains noncommercial messages such as the designation of public telephones, rest rooms, restrictions on smoking, political or religious philosophy or opinion.

    Sign, nonconforming, means:

    (1)

    A sign which is prohibited under the terms of this chapter, but was erected lawfully and was in use on the date of enactment of this chapter, or amendment thereto.

    (2)

    A sign which does not conform to the requirements of this chapter, but for which a variance has been granted.

    Sign, obsolete, means a sign that advertises a product that is no longer made or that advertises a business that has closed.

    Sign, off-premises advertising, means a sign which contains a message unrelated to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where such signs are located. A billboard is a common example of an off-premises sign.

    Sign, on-premises advertising, means a sign which contains a message related to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where the sign is located.

    Sign, outline tubing, means a sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it.

    Sign, parapet, means a type of "wall" sign mounted on the face of an extension of a false front or wall above a roofline.

    Sign, pole, means a type of freestanding sign that is elevated above the ground on poles or braces.

    Sign, political, means a temporary sign relating matters to be voted on in a local, county, state, or national election or referendum.

    Sign, portable, means a sign designed to be moved easily from place to place and not permanently affixed to the ground or to a structure. This includes hot-air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights; but excludes political signs, real estate signs, construction signs, permanent changeable message signs, and regulatory/government signs.

    Sign, poster, means a type of temporary sign that is used to draw attention to matters that are temporary in nature, such as price changes or sales. An "A" frame or sandwich signs are types of poster panel signs.

    Sign, projecting, means a sign, other than a flat wall sign, that projects more than 12 inches from the face of the building or structure upon which it is located. A projecting roof sign is one that projects beyond the face or exterior wall surface of the building upon which the roof sign is mounted.

    Sign, public, means a sign erected in the public interest by or upon orders from a local, county, state, or federal public official. Examples of public signs include: legal notices, safety signs, traffic signs, memorial plaques, signs of historical interest, and similar signs.

    Sign, real estate, means an on-premises temporary sign which makes it known that real estate upon which the sign is located is for sale, lease, or rent.

    Sign, real estate development, means a sign that is designed to promote the sale or rental of lots, homes, or building space in a real estate development (such as a subdivision or shopping center) which is under construction on the lot where the sign is located.

    Sign, residential entranceway, means a sign which marks the entrance to a subdivision, apartment complex, condominium development, or other residential development.

    Sign, roof, means any sign that extends above the roofline, or top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections, or that is erected over the surface of the roof.

    Sign, rotating. See the term "sign, moving."

    Sign, temporary, means a sign not constructed or intended for long term use. Examples of temporary signs include signs which announce a coming attraction, a new building under construction, a community or civic project, or other special events that occur for a limited period of time.

    Sign, time and temperature, means a sign which displays the current time and/or temperature.

    Sign, vehicle, means a sign painted or mounted on the side of a vehicle, including signs on the face of a truck trailer.

    Sign, wall, means a sign attached parallel to and extending not more than 12 inches from the wall of a building. Painted signs, signs which consist of individual letters, cabinet signs, and signs mounted on the face of a mansard roof shall be considered wall signs. Permanent signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside, shall also be considered wall signs.

    Sign, window, means a sign located in or on a window which is intended to be viewed from the outside. Permanent window signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside, shall be considered wall signs.

    Sound level , in decibels, is defined as the reading of a sound level meter, and associated octave band filter which conforms to the latest standards of the American Standards Association. The decibel reading shall be based on the 70 db weighting network and shall be the average of five readings taken at intervals approximately five feet apart, at a height of five feet above the established grade.

    Story means a story is that part of a building included between the surface of one floor and the surface of the next floor. A story thus defined shall not be counted as a story when more than 50 percent of the height is below the established grade.

    Story, half, means a half story is a story situated within the sloping roof, the area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below it; and the height above, at least 200 square feet of floor space, is seven feet six inches.

    Street means a public thoroughfare or way affording a principal means of access to abutting property, for the purpose of this chapter, 60 feet or more in width.

    Substantial benefit, recognizable and. See the term "benefit, recognizable and substantial."

(Code 1969, § 5.9; Code 1977, § 28-23; Ord. No. 107, § 1, 4-16-1980; Ord. No. 23-QQ, 3-14-1988; Ord. No. 293, § 1, 12-9-2002; Ord. No. 332, § 1, 8-11-2008; Ord. No. 348, § 5-10-2010; Ord. No. 359, 2-14-2011)