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(4) The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the <br />number, size, location and appearance of signs that create hazards for drivers and unduly divert the attention of drivers; <br />(5) Installation of signs suspended from, projecting over or placed on the tops of buildings, walks or other structures <br />may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency service; <br />(6) Uncontrolled and unlimited signs and sign types, particularly moving signs and signs with dynamic displays, <br />adversely impact the image and aesthetic attractiveness of the city and thereby undermine economic value and growth; <br />(7) Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to <br />public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of <br />oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; <br />(8) Signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; <br />and <br />(9) The right to express opinions in any zoning district must be protected, subject to reasonable restrictions on size, <br />height, location and number. <br />(C) The city does not intend to, nor does it propose to, regulate the message on any sign. <br />(D) The city intends to protect the public from the dangers of unsafe signs. <br />(Prior Code, § 1008.01) (Ord. 679, passed 05-29-2001; Ord. 769, passed 05-08-2006; Ord. 816, passed 01-22-2009) <br />§ 161.003 SCOPE OF REGULATIONS. <br />The sign regulations established in this chapter shall apply to all structures and all land uses. This chapter describes the <br />sign standards for all the zoning districts of the city. The city establishes specific additional regulations for signs that are <br />unique in purpose and not easily addressed by district regulations. No person, property owner or lessee shall place, erect, <br />alter, modify, enhance or change a sign in any way that does not meet the requirements of this chapter and other applicable <br />regulations. <br />(Prior Code, § 1008.011) (Ord. 816, passed 01-22-2009) Penalty, see § 161.999 <br />§ 161.004 SEVERABILITY. <br />If any section, division, sentence, clause, phrase or other part of this chapter is held to be invalid, such invalidity shall not <br />affect the validity or enforceability of the rest of this chapter. The City Council hereby declares that it would have adopted the <br />chapter in each section, division, sentence or phrase thereof, irrespective of the fact that any one or more sections, <br />divisions, sentences, clauses or phrases are declared invalid. <br />(Prior Code, § 1008.012) (Ord. 816, passed 01-22-2009) <br />§ 161.005 SUBSTITUTION PROVISION. <br />The owner or operator of any sign that this chapter would otherwise allow may substitute a non-commercial sign in lieu of <br />any other commercial or non-commercial sign. The owner may make this substitution without any additional city approval or <br />permit. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial <br />speech, or the favoring of any particular non-commercial message over any other non-commercial message. This provision <br />shall prevail over any more specific provision to the contrary. <br />(Prior Code, § 1008.013) (Ord. 816, passed 01-22-2009) <br />§ 161.006 DEFINITIONS. <br />For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a <br />different meaning. <br />ABANDONED SIGN. A sign that becomes vacant, unoccupied or unused; or a sign promoting a business or activity no <br />longer in operation or incorrectly or inaccurately conveying a message, or a sign promoting an obsolete message or sign <br />copy, for a period in excess of one month. <br />ANIMATED SIGN. A sign that has any moving or rotating part; or uses movement or change of lighting to depict action or <br />create a special effect or scene, but is not a dynamic display sign. Refer also to ELECTRONIC SCROLLING MESSAGE OR <br />MARQUEE SIGNS. <br />AREA IDENTIFICATION SIGN. A free- standing sign which identifies the name of a community, neighborhood, a <br />residential subdivision, a multi -family residential complex consisting of three or more structures, a planned unit development <br />or any combination of the above located on contiguous properties. <br />AWNING SIGN. A sign displayed on or attached flat against the surface or surfaces of an awning attached to or extending <br />from a building. <br />BANNER. Any sign of lightweight, flexible material affixed to a building, poles, vehicle or other supporting structures upon <br />which a message, slogan, design or logo is displayed. National, state or municipal flags shall not be considered a BANNER. <br />