Ordinance Number 483 AN ORDAINANCE REGULATING THE PLACEMENT OF SIGNS IN THE CITY OF PONCHATOULA Section I PURPOSE AND INTENT 1.1 BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PONCHATOULA, LOUISIANA that after due and careful study and deliberation, and in full consideration of comments received from interested members of the general public, hereby find and declare: 1.1.1 That the rapid economic development of the City has resulted in a great increase in the number of businesses located in the City, with a marked increase in the number and size of signs advertising themselves and between traffic regulating devices and advertising signs, which by their primary purpose draw mental attention to them potentially to the detriment of sound driving practices. 1.1.2 That it is necessary to provide equity and equality in displaying identification signs by establishing regulations on size and location of such signs to afford local businesses equal and fair opportunity to advertise and promote their products and services. 1.1.3 That the uncontrolled erection and maintenance of large or distracting signs seriously detracts from the enjoyment and pleasure of the natural scenic beauty characteristic of the Ponchatoula area, and the fact that such signs are intended to command visual contact, grants them a proportionately greater role than other structures in determining the overall aesthetic and visual quality of the community. 1.1.4 That this code is enacted to provide for fair and equal treatment of all sign users and for a reasonable period of time for the elimination of nonconforming signs, to assure that sign users who erected signs prior to this code shall not have an unfair advantage over sign users who conform to this code. 1.1.5 That the purpose of the adoption of the Sign Code is hereby declared to be: 1.1.5.a The protection of the health, safety and welfare of the citizens of Ponchatoula; 1.1.5.b The protection and preservation of property values and the promotion of economic well-being throughout the community & 1.1.5.c The preservation and maintenance of the visual and aesthetic quality of the community in accord with the character of the City of Ponchatoula and the surrounding area through the establishment and enforcement of this ordinance. Section II POWERS AND AUTHORITY 2.1 Geographical Boundaries of Ordinance 2.1.1 The City shall have full power and authority over all signage and landscape within the corporate limits. 2.1.2 This Ordinance shall exclude the Historic District. 2.2 Maintenance of Signs and Premises 2.2.1 Sign Maintenance - Each sign which has been erected in accordance with the provisions of this Sign Code shall be maintained in substantially the same condition as when the inspection and permit was issued. Failure to maintain the sign, including exterior painting, shall constitute a violation of this chapter. The Building Inspector may after notice to the owner and hearing before the PTB order the removal of any sign that is not maintained in accordance with the provisions of this Section. Such removal shall be at the expense of the owner or lessee. 2.2.2 Premises Maintenance - All freestanding signs and the premises surrounding them shall be maintained by the owner thereof in a clean sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. 2.3 Regulation of Legally Non-Conforming Signs 2.3.1 Notification of Nonconformity - After February 22, 1997 the Building Inspector shall, as soon as practicable, survey the City and identify signs which do not conform to the requirements of this code. Upon determination that a sign is non-conforming, the Building Inspector shall make reasonable efforts to notify either personally or in writing the user or owner of the property on which the sign is located of the nonconforming character of the sign. If the sign owner, user, or owner of the property cannot be located, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated. 2.3.2 Signs Eligible for Characterization as "Legally Non-Conforming" - Any sign located within the City limits on February 22, 1997, or located in an area annexed to the City thereafter which does not conform with the provisions of this code, is eligible for characterization as a "legally non-conforming" sign, if the sign was in compliance with all applicable laws prior to the effective date of this code or the date that the provisions of this code first became applicable to the sign. Such signs shall be affixed with a legally non-conforming sign identification sticker which shall note the date of the expiration of its non-conforming status. 2.3.3 Loss of Legally Non-Conforming Status - A legally non-conforming sign shall immediately lose its legally non-conforming designation if: 2.3.3.a The sign is altered in any way, which tends to make the sign less in compliance with the requirements of this code than it was before the alternation; or 2.3.3.b The sign structure is relocated; or 2.3.3.c The sign face (except for copy on a sign permitted as a changeable message sign) is replaced with a sign face which differs in sign message. On the happening of any one of (a), (b) or (c), the sign shall be immediately brought into compliance with this code and a new permit secured thereof, or shall be removed. 2.3.4 Maintenance and Repair of Legally Non-Conforming Signs - Nothing in this Section shall relieve the owners or users of legally non-conforming signs or the owners of the property on which legally non-conforming signs are located from any provisions of this Sign Code regarding safety, maintenance and repair of signs provided, however, that any repainting, cleaning or other normal maintenance or repair of the sign or sign structure does not materially alter or modify the sign. 2.3.5 No legally non-conforming sign may be enlarged or altered in a way which would increase its nonconformity with the provisions of this Sign Code. 2.3.6 Should any legally non-conforming sign be damaged by any means to an extent of more than fifty (50%) percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this Article. Evaluation of replacement cost will be determined by the Building Inspector. 2.3.7 No conforming sign or sign structure shall be permitted to be erected for the same occupancy with an existing non-conforming sign until the non-conforming sign has been removed or brought into conformance with the provisions of this Article. A temporary permit may be granted allowing construction of the new conforming sign, however this permit will only be valid during construction and the final permit will not be granted until the non conforming sign has been removed. Reference Section 6.7 for further details. 2.4 Amortization of Legally Non-Conforming Signs 2.4.1 Legally Non-Conforming On-Premise Signs - All legally non-conforming on-premise signs not otherwise prohibited by the provisions of this Sign Code may be continued until: 2.4.1.a The nature of the business conducted on the premises changes in such a manner as to cause a change in the existing sign; or 2.4.1.b The name of the business changes or the sign is changed or modified either in shape, size or legend; or 2.4.1.c Seven (7) years from the date that this code first becomes applicable to the sign. 2.4.2 Legally Non-Conforming Off-Premise Signs - All legally non-conforming off-premise signs not otherwise prohibited by the provisions of this Sign Code may be continued until seven (7) years from the date that the code first becomes applicable to the sign. 2.5 Permitting of Conforming Signs Erected Without Permit Prior to this Article The owner of a sign that is found to be in conformance with the Sign Code but which was erected without a permit, shall receive a permit application from the City. The owner will have ninety (90) days to return the application and will receive a permit at no charge. If the owner fails to return the application, then the owner shall pay all permit fees as outlined in Section 9.6.2. 2.6 Unsafe and Unlawful Signs 2.6.1 If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this Article, he shall give written notice to the permittee or owner thereof or, if he is unable to identify such persons, to the owner of the property on which the sign is located. If the person so notified fails to remove or alter the structure so as to comply with the provisions of this Sign Code, such sign may be removed or altered by the Building Inspector at the expense of the permittee, sign owner, or owner of the property upon which it is located. The Building Inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed without notice. 2.7 Interpretation and Application The provisions of this Article are intended to supplement and to be read and applied in part with all existing laws, ordinances and regulations of this City. The provisions of this Article shall not be deemed to have repealed or suspended any such existing law, ordinance or regulation of this City unless such result shall have been expressly stated or be clearly intended by the context and language of the provision in question. In the event of a conflict in any particular circumstances between the provisions or requirements of this Article and the provisions or requirements of any other law, ordinance or regulation of this City the more restrictive provision or requirement shall apply unless a contrary application thereof is expressly directed or clearly intended by the context and language of the laws, ordinances and regulations in question. 2.8 Enforcement and Administration The provisions of this Article shall be enforced by the police. The provisions of this Article shall be administered by the Building Inspector. All such officers shall have the power and authority to make inspections of signs, sign structures or premises necessary to carry out their duties in the coordination and the enforcement of the provisions of this Article. 2.9 Violation 2.9.1 In case any sign structure or sign is erected or structurally altered or maintained or used in violation of the provisions of this Article, any proper City official or his or her duly authorized deputies or representatives may institute any appropriate action or proceedings to prevent such unlawful act or to prevent any illegal act, conduct or use in or about or concerning any such sign, sign structure or premises. After notification of violation the owner of such sign will have 30 days to meet compliance and to pay all fines associated with such violation. If after 30 days any such violation continues each day shall constitute a separate violation of this Article. The Building Inspector may call upon the Chief of Police to furnish necessary personnel to carry out his orders. 2.9.2 Any resident of the community who believes that a violation of any of the provisions of this Article is occurring may file a written complaint with the Building Inspector. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The Building Inspector shall record properly such complaint, investigate the allegations underlying such complaint, and take action on such complaint and investigate as provided by this Article. 2.10 Penalty - Any person violating any provision of this Article shall be guilty of a misdemeanor, and upon conviction shall be fined $250.00 dollars. Section III DEFINITIONS For the purposes of this Sign Code, and unless the context indicates clearly contradictory intent, words used in the present tense Include the future, the singular number includes the plural, the word "shall" is mandatory and not discretionary the word "building" includes "structures" except "sign structures." 3.1 Abandoned On-Premise Sign* - An abandoned on-premise sign is an on-premise sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, entity, product, or actively conducted, or product available on the premises where such sign is displayed. 3.2 Abandoned Off-Premise Sign* - An abandoned off-premise sign is an off-premise sign which: 3.2.1 No longer correctly directs or exhorts any person; 3.2.2 Has fallen into disrepair or otherwise deteriorated as a result of a lack of maintenance, repair or upkeep; or 3.2.3 With regard to billboards, which carries no advertising message other than a message concerning its availability for lease or hire on its structure for any period of one hundred eighty (180) consecutive days. 3.3 Non-Residential Address Sign - A sign which only conveys the numeric address of the premises on which it is located 3.4 Amplifying Sign - An amplifying sign is one, which provides additional information regarding particular products or services available on a premise. 3.5 Attached Sign - An attached sign is any sign, which is physically connected to and derives structural support from a building or building appurtenance. 3.6 Audible Sign* - An audible sign is any sign which is designed to or which does produce sound discernible to a person of normal hearing situated off the premises on which the sign is located. 3.7 Bench Sign* - A bench sign is an advertising message on any portion of a bench or other non-mobile structure or device intended for public seating or convenience. 3.8 Billboard* - A billboard is an off-premise sign owned by a person, corporation, or other entity that engages in the business of selling or leasing the advertising space on that sign. 3.9 PTB - The PTB is the Ponchatoula Tree Board as established by Ordinance #482. 3.10 Changeable Message Sign - A changeable message sign is a sign on which the copy, message or sign panels may be, when specifically issued a permit as a changeable message sign, changed either electronically or manually in the field through the removal, replacement, or rearrangement of letters, symbols, blocks or panels designed for attachment to said sign. 3.11 Construction Sign - A construction sign is a temporary sign erected and maintained by an architect, contractor, developer, financial institution, subcontractor or materials supplier upon premises for which said person or persons is presently furnishing labor, materials, services or capital financing. 3.12 Directory Sign - A directory sign is an outdoor sign listing and identifying the occupants within shopping centers, industrial centers, retail centers, office centers, and other multi-use commercial or industrial sites. 3.13 Electrical Sign - An electrical sign is any sign containing a motor or wiring which is connected or attached or intended to be connected or attached to an electrical energy source. 3.14 Flags, Banners, Seals - Flags, banners and seals are mottos, emblems, designs, shapes or symbols on cloth, plastic, canvas or devices of similar type and materials intended to convey any message or to identify any person, place, idea or thing other than duly adopted flags or seals of nations, states, parishes or municipalities. 3.15 Freestanding Sign - A freestanding sign is a sign supported by a sign structure secured in the ground and which is wholly independent of any guy wire, support wire, building, fence, vehicle or object other than the sign structure, for support. 3.16 Home Occupation Sign - A home occupation sign is any on-premise sign advertising a home occupation. 3.17 Identification Sign - An identification sign is a sign, which is limited to the name, address, and/or number of a building, or institution, person, or entity which is primary to the identification of the premise and to a general statement of the activity carried on in the building or institution. 3.18 Illuminated Sign - An illuminated sign is any sign, which has characters, letters, figures, designs or outlines illuminated by an interior or exterior light source which is primarily designed to illuminate such sign. 3.19 Individual Letter Sign - An individual letter sign is any sign made of self-contained letters that are mounted directly on the face of a building, a parapet, a roof edge of a building or on or below a marquee without being attached to a structure defined herein as a "sign face." 3.20 Inflatable Sign - An inflatable sign is any sign dependent in whole or in part for its structural integrity on the infusion into said sign of compressed air or other fluids, and specifically including balloons larger than two (2) feet in diameter or two (2) foot square in area or other gas or liquid filled figures. 3.21 Lights 3.21.1 Searchlight - a strong or bright light with a reflector in a swivel so that is beam may be sent or directed in various directions. 3.21.2 Beacon - A strong or bright light focused or directed in one or more directions. 3.21.3 Flashing Lights - Any light or light source or reflection of light source which is intermittent in duration, color or intensity or which creates or is designed to create an illusion of intermittency in duration, color or intensity. 3.21.4 String of Lights - A string of electrical conductors containing two (2) or more light or light sockets. 3.21.5 Laser - A device emitting a narrow, very intense beam of light waves that have been amplified and concentrated by stimulated atoms, or the light produced by such device. 3.21.6 Tubular Signs - Neon will only be permitted if it is considered as an integral part of the sign being regulated. Anything within the boundary of the outline of the neon will be considered a part of the sign face. 3.22 Marquee Sign - A marquee sign is any sign attached to & made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Signs painted or sewn onto awnings or canopies shall be considered marquee signs. 3.23 Monument Sign - A monument sign is a freestanding sign: 3.23.1 The sign area of which is constructed or connected directly on or to a sign support consisting of a concrete slab base or foundation or a base or foundation of similar type of construction; or 3.23.2 Which is of monolithic construction in which the sign's base or support is of uniform composition with the material comprising the sign area of said sign and the base or support of said sign is directly affixed in or to the ground. Provided, however, no sign base, foundation or support of which consists in whole or in part of above ground poles, piers, piling or similar types of supports exceeding twenty-four (24) inches in height measured above the ground shall constitute a monument sign. 3.24 Moving Message or Changing Image Sign - A moving message or changing image sign is any sign including public service signs designed to convey sign copy which changes in form or content with greater frequency than once an hour or which otherwise includes action or motion or the illusion of action or motion within its message or sign copy. 3.25 Murals - A work of art painted or otherwise applied to an exterior wall surface. Such work shall not serve to advertise or promote a business, service, product, cause, or event. If such work does serve to advertise or promote a business, service, product, activity, cause, or event, it will be considered a "sign" and as such, will be subject to the Sign Ordinance. 3.26 Neon Signs - Neon will only be permitted if it is considered as an integral part of the sign being regulated. Anything within the boundary of the outline of the neon will be considered a part of the sign face. 3.27 Non-Conforming Sign - A non-conforming sign is any sign structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this code or any amendments thereto and which fails to conform to all applicable regulations and restrictions of this code, or a non-conforming sign for which a special permit has been issued. 3.28 Off-Premise Sign - An off-premise sign is a sign that directs a person to a different premise or location than that on which the sign is located; which identifies advertised goods, products, or services not available on the premises on which the sign is located; or which conveys a non-advertising idea or message; or identifies or advertises a business, person, firm or corporation not located on or occupying the premises where the sign is located; or which is not otherwise defined as an on-premise sign. 3.29 On-Premise Sign - An on-premise sign is a sign identifying or advertising a business, person, firm, corporation, activity, goal, product or service located or available on the premises where the sign is installed and maintained or which is displayed and maintained by the owner or occupant of the premises on which it is located and conveys a non-advertising or non-commercial idea or message. 3.30 Parapet Sign - A parapet sign is a sign extending above a roofline or which serves as a parapet. 3.31 Political Sign - A political sign is any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial firm or advertising company when leased or used as a political sign. 3.32 Portable Sign - A portable sign is any sign other than a trailer or vehicle sign that is not permanently affixed to a building, structure or the ground or a sign designed to be moved from place to place. These signs primarily include, but are not limited to: A frame or sandwich board signs, signs attached to wood or metal frames, and signs designed to be self-supporting and moveable. 3.33 Sign Premise - A sign Premise is defined as the contiguous land in the same ownership, which is not divided by any highway, street, alley or right-of-way. For purposes of this Article a single premise: 3.33.1 May include more than one lot of record when such lots are devoted to a single unity of use; or 3.33.2 May consist of a separate structure on the same lot of record when, in the opinion of the PTB, such separate structure appears to be a separate premise. 3.34 Premises Total - Premises total is defined as the total square footage of freestanding signage allowed on a premise under the provisions of this Sign Code. 3.35 Private Directional Signs - Private directional signs are on-premise signs directing vehicular or pedestrian traffic movement into a premise or within premises. 3.36 Project Sign - A project sign is a temporary sign announcing a proposed land development or construction project. 3.37 Projected Sign - A projected sign is a sign or visual image created by the Projection of light onto a surface. 3.38 Projecting Sign - A projecting sign is any sign other than a wall sign affixed to any building or wall which sign has a leading edge extending twelve (12) inches or more beyond such building or wall. Projecting signs are of two (2) types: 3.38.1 Fixed - a sign, other than a wall sign, which extends outward twelve (12) inches or more from the facade of any building and is rigidly affixed thereto. 3.38.2 Swinging - A sign projecting twelve (12) inches or more from the outside wall or walls of any building which is supported by only one rigid support affixed thereto. 3.39 Public Directional Signs - Public directional signs are either: 3.39.1 Signs permanently or temporarily erected in the public right-of-way or on public property with the approval of the City Council which denote the name or route to any educational institution, public building of facility, historic place, shrine, church, synagogue, hospital, library or similar facility or institution; or 3.39.2 Signs permanently or temporarily erected identifying a person or entity who has undertaken to plant or maintain landscaping of that portion of the right-of-way. 3.40 Public Service Sign - A public service sign is a sign the primary purpose of which is to provide information as a service to the general public such as time, temperature or the promotion or announcement of public events, or other events of a civic, philanthropic, charitable or religious purpose of general interest to the public. 3.41 Real Estate Sign - A real estate sign is any temporary sign pertaining to the sale, lease or rental of land or buildings, which is erected or displayed on the lot or parcel to which it applies. 3.42 Resident Identification Sign - A resident identification sign is any on-premise sign limited in content to no more than the name of the premises, its municipal address and the names of the present occupant or occupants of the premises. 3.43 Revolving or Rotating Sign - A revolving or rotating sign is any sign whose sign face is designed to move or turn on any axis. 3.44 Roof Sign - A roof sign is any sign erected or painted upon, against or directly above a roof or on top of or above the parapet of a building. 3.45 Shingle Sign - A shingle sign is an identification sign customarily identified with the practice of the professions, such as law, medicine and dentistry. 3.46 Sign - "Sign" is defined as a medium of communication, including its structure and component parts, which is used or intended to be used to attract attention to its subject matter or location usually for advertising purposes, including paint on the surface of a building. Each distinctive message painted or placed on a building or other structure shall be considered an individual sign. 3.47 Sign Area - The area of a sign shall be defined as the square foot area enclosed within the perimeter of the sign face with each face contributing to the aggregate area of any sign. With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms, or panels, the sign area shall be defined as that area enclosed by one continuous line connecting the extreme points or edges of the advertising message. In cases where there is no definable simple geometric shape, the simplest geometric shape or rectangle enclosing the outer edges of the advertising message shall determine the sign area. In cases of back-lighted awnings with advertising messages, the entire area of the awning shall be considered as the sign area. 3.48 Sign Face - Sign face is the part of the sign that is or can be used to identify, advertise, communicate, inform or convey a visual representation which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, frame, color and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, unless it is outlined in neon. 3.49 Sign Height - Sign height of a sign shall be defined as the vertical distance from the adjacent street grade or upper surface of the street curb to the highest point of either the sign or sign structure. Elevated roadways shall not be used to measure height. 3.50 Sign Message - The words or symbols on a sign face which convey a message to those viewing the sign. 3.51 Sign Owner - A sign owner is that person who owns a sign and/or who is responsible for a sign. In those cases in which the sign owner cannot be determined, the owner of the premises upon which the sign is located shall be deemed the owner of the sign. 3.52 Sign Structure - A sign structure is the supporting structure upon which a sign or sign face is fastened, attached or displayed or is intended to be fastened, attached or displayed; provided however, this definition shall not include a building or fence. 3.53 Snipe Sign - A snipe sign is a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to poles, stakes, fences, or to other like objects. 3.54 Street Banner Sign - A street banner sign is any banner sign which is stretched across and hung over a public right-of-way. 3.55 Subdivision Sign - A subdivision sign is a sign located within the boundaries of a subdivision identifying the subdivision and denoting the entrance or exit to the subdivision. 3.56 Temporary Sign - A temporary sign is any sign, the display of which is limited by law, ordinance, or regulation and which advertises a situation or event that is designed, intended, or expected to occur and be completed within a reasonably short or definite period after the erection of such sign. 3.57 Trailer Sign - A trailer sign is any sign or sign structure attached to or composed in whole or in part of a trailer frame or chassis or skid or skid frame or body or of any materials which have ever previously constituted in whole or in part such a trailer, skid, frame, chassis or body. 3.58 Vehicle Sign - A vehicle sign is any sign displayed on or from any mode of transportation, including but not limited to cars, buses, tracks/trailers, trains, boats, or airplanes. 3.59 Wall Sign - A wall sign is a sign other than a parapet sign which is painted on or which projects less than twelve (12) inches from the wall of a building, and is painted on, attached to or erected against any exterior wall or window of a building or structure with the exposed face of the sign being in a plane parallel to the plane of said wall or window and not extending above the building. 3.60 Window Sign - A window sign is any sign which is painted on, applied, to, attached to or projected upon the exterior or interior of a building glass area, including doors, or located within one foot of the interior of a building glass area, including doors, whose identification, message, symbol, insignia, visual representation, logo type or any other form which communicates information, can be perceived from any off-premises contiguous property or public right-of-way. 3.61 Adoption of Definitions from other Sources - Any word, term or phrase used in this Sign Code and not otherwise defined herein but defined elsewhere in any other ordinance or regulation of the City of Ponchatoula shall be defined in accordance with the definition set forth in such other ordinance or regulation unless the context in which such word, term or phrase is used in this Article indicates that the application of that definition would lead to a result which is inconsistent, unintended, or out of character with the purpose of this Sign Code and the plan of regulation set forth herein. All remaining terms of this Sign Code shall carry their usual and customary meanings. Terms indigenous to the industry shall be defined in accordance with their usual and customary understanding in the trade industry or profession to which they apply, unless such terms are otherwise defined herein. Section IV PROHIBITED SIGNS 4.1 The following types of signs are prohibited within the City of Ponchatoula: 4.1.1 Abandoned signs 4.1.2 Audible signs 4.1.3 Beacons 4.1.4 Bench signs 4.1.5 Billboards - In excess of 120 ft.2 of Sign Area 4.1.6 Flashing signs 4.1.7 Inflatable signs 4.1.8 Lasers 4.1.9 Parapet signs 4.1.10 Portable signs 4.1.11 Projected signs 4.1.12 Revolving or rotating signs 4.1.13 Roof signs 4.1.14 Search lights 4.1.15 Signs attached to trees, shrubs or any living vegetative matter. 4.1.16 Signs, other than public directional signs, public service signs, public information signs, subdivision signs or official notices which encroach into a public right-of-way. 4.1.17 Signs resembling traffic control devices or emergency devices 4.1.18 Freestanding signs which restrict or impair visibility at the intersection of the right-of-way lines of two streets, or of a street and a railroad right-of-way, or of a street and a pedestrian or bicycle right-of-way. 4.1.19 Snipe signs other than real estate signs, garage sale signs, political signs or signs used to convey or express a non-advertising or non-commercial idea or message. 4.1.20 Strings of lights, except when used as holiday decorations during the period beginning the Sunday prior to Thanksgiving to the second Sunday in January of the succeeding year. 4.1.21 Trailer signs. 4.1.22 Any sign, other than a sign displaying or conveying a non-advertising or non-commercial idea or message, which is located in a development area (such as, for purposes of illustration only, shopping centers, industrial parks or developments, planned unit developments, subdivisions or neighborhoods of general historic or aesthetic value or character) and which, due to its proposed height, setback, location, landscaping, illumination or type of material by which it is constructed is out of character or harmony with the overall character of similar types of signage existing within the development area or is in violation of any publicly or privately imposed regulations or covenants established in order to impose an overall consistency or harmony of signage within the development area which are applicable to the sign. 4.1.23 Any sign not specifically defined and allowed by the provisions of this article. Section V REGULATIONS OF ON-PREMISE SIGNS AND MURALS 5.1 On-Premise Signs Allowable Without a Permit - Subject to all provisions and requirements of this Article, the following on-premise signs, where permissible, may be erected and displayed without the necessity of issuance of a permit by the Building Inspector: 5.1.1 Public directional signs 5.1.2 Official notices duly issued by any court, public agency or officer 5.1.3 Resident identification signs not exceeding three (3) square feet in sign area 5.1.4 Flags and insignia of any government except when displayed in connection with a commercial promotion 5.1.5 Integral decorative or architectural features of buildings, other than letters, trademarks, logos, or any feature containing moving parts or moving or flashing lights 5.1.6 Indoor signs not visible from any street right-of-way 5.1.7 Private directional signs not exceeding five (5) square feet in sign area per sign 5.1.8 Home occupation signs not exceeding two (2) square feet in sign area which are non-illuminated, and mounted flat against and parallel to the plane of the wall of the building to which the sign is attached 5.1.9 Temporary window signs displayed on the inside of windows and intended for the purpose of disseminating information about special sales or promotional campaigns shall not, in aggregate, cover more than 50% of the area of any window in which displayed. 5.1.10 Fuel service station pump signs, oil rack signs, and pricing signs as follows: 5.1.10a Fuel Service Station Pump Signs - if a trade name of the business or supplier is incorporated in to the name or designation of the different types of fuels available, said trade name and any associated symbols therewith may be displayed on the pumps provided that such signs are flat signs that do not exceed three (3) square feet per sign face and an aggregate area of six (6) square feet of sign face per pump. 5.1.10b Oil Racks Signs - If a fuel service establishment markets engine oil on the pump island, any identification signs on the merchandise itself visible to the public shall be permitted. Additional signs on the oil rack may be permitted provided that each such sign shall not exceed three (3) square feet per sign face with an aggregate area of six (6) square feet of sign face per rack. 5.1.10c Tire Rack Signs - If a fuel service station, tire store, auto repair shop or any other business which markets tire displays the tires on racks visible to the public, additional signage on the tire rack identifying the tires displayed on that rack may be permitted, provided that such additional signage shall not exceed three (3) square feet per sign face with an aggregate area of six (6) square feet of sign face per rack. 5.1.10d Pricing Signs - A sign advertising the price of motor fuel, other than pump signs, shall be permitted provided that such sign shall not exceed twelve (12) square feet of sign face per sign with an aggregate sign face area of twenty-four (24) square feet per sign. Such sign shall not exceed five (5) feet in height, if freestanding. One such sign per premise frontage shall be allowed with a maximum of two (2) such signs per premises. However, should such pricing sign be attached to, or be made part of, a permanent freestanding sign which identifies the premises, such sign shall not be allowed without permit and shall conform to the requirements of freestanding signs. 5.1.11 Temporary real estate signs shall conform to the following regulations and requirements. 5.1.11.a In all residential zoning districts, real estate signs shall be limited to: 5.1.11.a.1 One non-illuminated real estate sign, not exceeding six (6) square feet in sign face area and six (6) square feet in total area and, if freestanding, not exceeding five (5) feet in height. Premises with two (2) or more frontages shall be allowed one additional sign conforming with all of the requirements of this subsection; and 5.1.11.a.2 Not more than two (2) additional real estate signs, each not exceeding one square foot in sign face area and two (2) square feet in total sign face area; provided however, that these additional signs may only convey information regarding the features of the property or home offered for lease or sale, state that the property or home is sold, announce that the house or property is open for inspection, or identify the agent listing the property or house. 5.1.11.b In all other zoning districts, any such signs shall be limited to one real estate sign per listing broker on any premises offered for sale, rent or lease. Such sign shall be non-illuminated and shall not exceed thirty-two (32) square feet in sign area. A double-faced real estate sign is permitted, provided that such sign shall not exceed sixteen (16) square feet in area per sign face and an aggregate sign face area of thirty-two (32) square feet. If freestanding, any such sign, whether single or double-faced, shall not exceed seven (7) feet in height. Property with two (2) or more premises street frontages shall be allowed to display one additional sign conforming with all of the requirements of this subsection on a second frontage. 5.1.12 Temporary yard or garage sale signs - Any garage sale sign erected or displayed without necessity of a permit shall be limited to one non-illuminated sign displayed on the residential premises at which the sale is conducted, provided that such erection and display shall be limited to three (3) days in any sixty-day period. Such sign shall not exceed six (6) square feet in sign area. Two (2) additional garage sale signs, a maximum of six (6) square feet may be placed off-premise on private property with permission of the property owner. 5.1.13 Menu boards for drive-thru [drive-through] facilities providing food for off-premise consumption which signs do not exceed forty-eight (48) square feet in sign area and which are located so as not to be visible from the street right-of-way from which primary access to the premise is obtained. 5.1.14 Vehicle signs as follows: 5.1.14.a Vehicle signs may be displayed on any vehicle operated in the daily conduct of any business enterprise without necessity of a permit so long as such signs; 5.1.14.a.1 Are limited to content to a noncommercial message; or 5.1.14.a.2 Are required to be displayed by any federal, state or local law, rule or regulation; or 5.1.14.a.3 Are limited in content to an identification of the name, address and/or telephone number of the business entity operating the vehicle or the goods, products or services available from or provided by said business entity; 5.1.14.a.4 Are on a vehicle which is operable and not parked primarily for the purpose of signage. 5.1.14.a.5 Billboards may not be erected or displayed on any vehicle. 5.1.15 Non-Residential address sign for each premise shall be permitted with the following requirements: 5.1.15.a Address sign shall not exceed two (2) feet by three (3) feet in sign area. 5.1.15.b A minimum setback from the property line of ten (10) feet shall be required. 5.1.15.c The maximum height of an address sign shall be two (2) feet from the ground. 5.1.16 Signs which convey a non-advertising or non-commercial idea or message shall not exceed 8 square feet in total sign area with a maximum height of 7 feet above ground. 5.1.17 One Roadside Vendor Sign will be permitted on signs facing each side not to exceed a maximum of 16 square feet. Section VI ON-PREMISE SIGNS ALLOWABLE BY TEMPORARY PERMIT ONLY 6.1 Subject to all provisions and requirements of this Article, the following on-premise temporary signs, where permissible, may be erected and displayed upon the issuance by the Building Inspector of a temporary sign permit: 6.1.1 Street Banner Signs; 6.1.2 Flags, Streamers, Banners and Pennants 6.1.3 Political Signs 6.1.4 Construction Signs 6.1.5 Proposed Project Signs 6.1.6 Temporary Signs Preceding Permanent Sign Approval 6.2 Public Service Signs; Limitations and Requirements for Temporary Permit - Public service signs including street banner signs are permitted only in connection with the promotion or identification of special events of a civic, philanthropic, charitable or religious purpose. 6.2.1 General Application - Any person, firm, corporation or organization in charge of any festival, spectacle, play, show, or other event of such a general civic and public nature and who is in charge of placing, erecting, constructing and maintaining any public service banner, flag, emblem bunting or freestanding public service sign upon or over any public street, or other public place in the City shall first secure a temporary permit. 6.2.2 Application for Permit - Applications for such a permit shall state the name of the person, firm, corporation or organization sponsoring the event; the location where such device or devices are to be installed and the contemplated dates during which such devices shall remain upon or over any street or other public place in the City. 6.2.3 Regulations for the Placement of Public Service Signs in Street Rights-of-Way - The placement of public service signs in street rights-of-ways shall be in accordance with the following: 6.2.3.a No sign shall have a sign face greater than 32 square feet in area and no more than one sign face shall be visible from any one direction of travel; 6.2.3.b No sign shall be greater than four (4) feet in height from grade; 6.2.3.c No sign shall have more than two (2) supporting members; 6.2.4.d No more than three (3) public service signs shall be erected in the public rights-of-way at any one time. 6.2.4.e No sign shall be placed in such a manner as to impede vehicular visibility at any intersection or driveway. 6.2.4.f Public service signs shall be placed for a period of time not to exceed fifteen (15) days and shall be removed within 48 hours of the event to which they apply. 6.2.4.g Public service signs shall display the name of the sponsoring organization, the date and name of the function to which they apply only and shall not include commercial advertisement. 6.2.4 Regulations for Placement of Public Service Street Banners - Each such banner shall be displayed no more than once annually for no more than fifteen (15) days prior to the advertised event and shall be removed no later than five (5) days after the end of the advertised event. In no instance, however, shall the banner be displayed for more than thirty (30) consecutive days. The minimum clearance for any such sign shall be in accordance with the applicable standards of the Louisiana Department of Transportation and Development, but in any event shall not be less than fifteen (15) feet. 6.2.5 Issuance of a Permit - If the Building Inspector finds that the facts stated in the application are true he shall then issue the requested permit for a specific temporary period of time not to exceed that prescribed in the preceding paragraph. 6.2.6 Permit Deposit Required - Upon the issuance of a temporary permit for public service signs the applicant shall deposit $25.00 with the Building Inspector. Such deposit shall be refunded to the applicant provided the public service signs authorized by the permit are displayed and removed in accordance with the regulations herein. 6.3 Flags, Streamers, Banners and Pennants; Limitations and Requirements for Temporary Permits 6.3.1 Flags, streamers, banners or pennants may be displayed in connection with grand openings or special events no more than once semi-annually for any one business entity or applicant. Such signs may be displayed for a period not to exceed fourteen (14) consecutive calendar days upon the issuance of a temporary permit by the Building Inspector. 6.3.2 Application for Permit - Applications for such a temporary permit must state the name of the person, firm, corporation or organization sponsoring the event; the locations where such device(s) are to be installed and the contemplated dates during which such devices shall remain on display. 6.4 Political Signs; Limitations and Requirements for Temporary Permits 6.4.1 Any person desiring to distribute or display political signs in connection with an organized campaign in support of or opposition to and candidacy, political slate or ticket, or ballot proposal shall first make application to the Building Inspector for the issuance of a temporary sign permit. Such application shall include the name, address and telephone number of the applicant. The applicant for the permit shall provide the building inspector with specimen copies of all signs to be distributed or displayed under the permit. 6.4.2 The Building Inspector shall issue the requested permit upon receipt of the application and specimens provided for in Paragraph 1, above. Said permit shall authorize the distribution, erection and display of an unlimited number of signs of the type or types submitted as specimens by the applicant. 6.4.3 Any such permit shall be issued for a period of time not to exceed ninety (90) consecutive calendar days; provided, however, that in the event that signs are distributed, erected or displayed under any such permit in connection with any candidacy or ballot proposal which involves more than one election, the permit shall be automatically extended to the tenth day following the date of the general election to which the sign pertains. 6.4.4 No political sign shall be erected or displayed in any public right-of-way. 6.4.5 No political sign shall exceed thirty-two (32) square feet in sign face area. 6.4.6 The applicant shall remove all political signs erected or displayed under any permit issued to him under the provisions of this section no later than ten (10) calendar days following the last election to which the sign pertains. Upon the failure to timely remove such signs the City may thereafter remove and dispose of any remaining signs at the owners expense. 6.5 Construction Signs; Limitations and Requirements for Temporary Permits One non-illuminated construction sign may be permitted on the premises being developed or improved, requiring a building permit, subject to the following conditions and requirements: 6.5.1 A building permit for the project must have been obtained prior to the issuance of the sign permit. 6.5.2 In residentially zoned districts such sign shall not exceed sixteen (16) square feet in area and shall be limited to the denoting of the architect, engineer, contractor, subcontractor, owner and/or financing agency providing labor, materials, services or financial capital for the proposed construction. Such sign may be displayed only during construction and for a period of not more than ten (10) days after completion of actual construction identified by the first issuance of a certificate of occupancy for the project or development in question or upon expiration of the building permit for the project or development, whichever is first to occur. 6.5.3 In any non-residential or combined use district such sign shall not exceed thirty-two (32) square feet in area and shall be limited to the name of the project and the denoting of the architect, engineer, contractor, subcontractor, owner and/or financing agency providing labor, materials, services or financial capital for the proposed construction. Such sign may be displayed only during actual construction and for a period of not more than ten (10) days after completion of the construction as identified by the first issuance of a certificate of occupancy for the project or development in question or upon expiration of the building permit for the project or development, whichever is first to occur. 6.5.4 The location of such sign shall be in strict conformance with all applicable setback requirements of this code and of other laws and ordinances of this City, provided, however, that in no instance may such sign be located within ten (10) feet of the property line of the premises on which it is displayed. 6.6 Proposed Project Signs; Limitations and Requirements for Temporary Permits 6.6.1 One non-illuminated temporary sign announcing a proposed land development may be erected on the premise proposed for the project provided that such sign does not exceed fifty (50) square feet in area, is set back at least ten (10) feet from any property line, and is removed within one year from the date the sign permit for its erection was issued or upon the issuance of the sign permit for a construction sign or the lapse of sixty (60) days from the issuance of a building permit for the project whichever is first to occur. The applicant for such a sign permit shall post with the Building Inspector a cash bond of one hundred dollars ($100.00) payable to the City prior to the issuance of the required sign permit. If construction of the project is not begun within one year of the issuance of this sign permit and the sign is not timely removed, the cash bond shall be forfeited and the City shall be authorized to remove and dispose of the sign. 6.7 Temporary Signs Preceding Permanent Sign Approval 6.7.1 One temporary attached identification sign not exceeding thirty-two (32) square feet may be permitted for a period of not more than thirty (30) days for an occupant who has no other on-premise signs to identify the occupant's business subsequent to the filing of a complete application for sign approval and approval of the PTB and Building Inspector. 6.7.2 An additional sixty (60) days extension may be requested in writing by the sign applicant subsequent to the filing of a complete application for a sign variance from the Building Inspector. Section VII. PERMANENT ON PREMISE SIGNS 7.1 Residential Zoning - Sign Restrictions 7.1.1 Subdivision and multi housing development signs shall not be greater than 48 square feet in sign area or 96 square feet for a two sided sign and must be located at the entrances of approved development. Maximum height shall be seven feet and a minimum setback of 15 feet shall be established from the right of way. 7.1.2 For premisses containing permitted non residential structures, one non illuminated flat wall sign not exceeding 24 square feet in sign area shall be allowed. 7.1.3 Churches, schools or public buildings shall be permitted to erect on their premises in additional to the above mentioned wall sign, a freestanding, either illuminated or non illuminated sign not to exceed 96 square feet of aggregate sign area and no closer than 15 feet to the right of way. The maximum height of such sign shall be seven feet. Any illuminated sign shall be situated that its source of illumination is not visible from an abutting residence. 7.2 Commercial & Industrial Zoning - Sign Restrictions One of the following two alternatives shall be permitted: 7.2.1 One freestanding identification sign located at least 15 feet from the right of way. Such freestanding sign face shall be sized at a square foot ratio equal to (.5) one-half the street frontage of the premise on which the sign is located. The maximum allowable sign area shall be 120 square feet per sign face or a maximum of 240 square feet aggregate total for a two sided sign. A maximum of 48 square feet, or 80 square feet aggregate, shall be allowed on premises with frontage of less than 80 linear feet. No freestanding sign shall exceed 15 feet in height or, except for monument signs, exceed 20 feet in width. A second freestanding sign on premises with non intersecting street frontages may be allowed if minimum distance between signs is 250 feet. 7.2.2 A bonus of 20 percent of the total square footage of freestanding signage shall be allowed for a monument sign in lieu of a freestanding sing. Monuments signs shall not exceed a maximum of 7 feet in overall height from the ground. Mounds or berm on which the monument sign is located shall be no more than 3 feet in height measured from the ground level of the lot. Changeable message sign and public service signs attached to the structure of a monument sign shall be allowed, however, such signs shall be considered in the calculation of the allowable square footage. 7.2.3 One attached store front sign per occupant to be sized at a ratio on (1.25) on and one-fourth square feet per linear feet of store facade. For store fronts of less than 23 linear feet the maximum allowable size sign shall be 32 square feet. However, all occupant signs shall maintain a minimum distance of one foot from the lease line of the occupants portion of the facade. On store frontages located at the corner of a building an additional sign may be permitted provided that the two signs are a minimum of 30 feet apart and the sign is mounted on a separate wall. One rear identification wall sign may be permitted for the purposes of emergency access and deliveries only. 7.2.4 Occupants located within the interior of a building without benefit of store frontage shall be allowed one maximum 24 square feet attached sign at the entrance nearest the occupants space. 7.2.5 Unless otherwise restricted herein any person has the option of apportioning the total permissible sign area for any premise between the permitted identification and amplifying signs. Amplifying signs are limited to the identification, which may include the price of particular products for sale or services available on the premises or to signs conveying a non-advertising or non-commercial idea or message. The combined area of the identification sign and all amplifying signs shall not exceed the total sign area for the premise or occupant as elsewhere set forth in this sign code. 7.2.6 Temporary seasonal cloth banners shall not exceed 8 square feet in area. The total number, location and method of attachment shall be approved by the Building Inspector and the PTB. Section VIII. OFF-PREMISE SIGNS 8.1 The following regulations shall apply to all off-premise signs: 8.1.1 Maximum height shall be 15 feet with a minimum setback of 10 feet from the property line. 8.1.2 The maximum sign face area shall be 120 square feet with a aggregate of 240 square feet for two sided signs. 8.1.3 No off-premises signs shall be allowed on Highway 22 or Highway 51. Section IX. APPLICATION REQUIREMENTS FOR ISSUANCE OF SIGN PERMITS 9.1 In applying to the Building Inspector for the issuance of a sign permit the following shall be required: 9.1.1 A completed sign permit application providing all applicable information requested by the Building Inspector; 9.1.2 Written consent of the owner of the property or his agent granting permission for the construction, maintenance and display of the sign or sign structure; 9.1.3 Name, address and telephone number of the premises owner, the sign owner, the sign contractor and any designated contact person; 9.1.4 A description of the size and location of all existing signs owned, leased or otherwise being used on the same premise by the entity making application for a sign permit; and 9.1.5 Any sign exceeding 12 square feet in sign face shall be submitted with a drawing to scale for review by the PTB and Building Inspector and become a document of record for issuance of a permit: and 9.1.6 Such additional information as may be required by the Building Inspector or the PTB in furtherance of a determination that the provisions of this Ordinance and all other applicable laws and ordinances of the City of Ponchatoula are being complied with. Such additional information may include, but shall not be limited to a current survey by registered land surveyor of the premises in question, detailed plans and specifications for any proposed sign or structure, or engineering certification of compliance with any technical requirements of this Sign Code, the Building Code or any other codes, ordinances or regulations of the City of Ponchatoula. 9.2 Procedure for Issuance of Sign Permit: Required Review of Application by PTB and Building Inspector; Appeals All applications for sign permits except for temporary signs shall be reviewed and approved by the Building Inspector prior to the issuance of any permit. 9.2.1 Required Review - If the applicant's proposed activity as set forth in his permit application is, upon review by the Building Inspector and the PTB, found to be in conformity with the provisions of the Sign Code and of all other laws ordinances and regulations of this City then in force, the chairman of the PTB shall endorse his approval on said permit application and the Building Inspector shall issue the appropriate permit for the proposed activity. If the proposed activity is found by the PTB or by the Building Inspector to violate any provisions of this Sign Code or of any other laws, ordinances or regulations of the City then in force, the Building Inspector shall so advise the applicant in writing and the request for a permit shall be denied unless plans amended to conform to the stated codes are submitted by the applicant within thirty (30) days of the issuance by the Building Inspector of written notice of the nonconformity. 9.2.2 Appeals - If the violation or nonconformity so discovered involves a matter within the jurisdictional authority of the City Council, the applicant shall then have thirty (30) days, from denial of the permit, in which to submit an amended application not in violation of said laws, ordinances or regulations or to submit to the City Council an appeal of the decision of the PTB or Building Inspector or a petition for other applicable relief from the provisions of the otherwise offended law, ordinance or regulation. Timely application to the City Council shall stay the denial of the sign permit application for ninety (90) days. The application shall be denied after said ninety (90) days and the requested permit refused if the applicant cannot show that all necessary relief has been granted by the City Council. 9.3 Issuance of Permit not a Waiver The issuance of a sign permit shall in no case be construed as a waiver of any of the provisions of this Article or of any other ordinances or regulations of the City. No permit issued for a sign shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued constitute a defense in an action to abate an unlawful sign. 9.4 Commencement of Work under Sign Permit; Automatic Expiration All permits issued under the terms of this Ordinance shall expire automatically if the permitted activity or other work described in the application has not commenced within ninety (90) days from the date of the issuance of the permit and any construction or other work required under the terms of the application shall not be substantially completed within one hundred twenty (120) days of the date of issuance of the permit. The Building Inspector may, for good cause shown, grant an applicant two (2) extensions, not to exceed a total of ninety (90) days, of such periods. Any period of time in which progress on the completion of any work authorized by the permit is stayed by operation of law shall not be considered in the accrual of the periods of time for commencement and completion of permitted work. 9.5 Suspension or Revocation of Sign Permit The Building Inspector may, in writing, suspend or revoke a sign permit issued on the basis of a misstatement of material fact or fraud. 9.6 Required Fees for Sign Permits 9.6.1 At the time of submission of an application for a sign permit, a non-refundable plan review application fee of ten dollars ($10.00) shall be paid. 9.6.2 When application for a permit is approved and prior to the issuance of a permit, a permit fee shall be paid based on the following schedule of rates. 9.6.2.a Residential/Commercial/Industrial Up to 32 square feet $15.00 per face Over 32 square feet 0.50 per sq.ft. 9.6.2.b Temporary Signs: Up to 32 square feet $10.00 per face Over 32 square feet 0.50 per sq.ft. 9.6.2.c Street Banner Sign $15.00 9.6.2.d Billboards shall pay the following fees in addition to the above fees: Initial Permit Fee $100.00 per face 9.6.2.e Murals ..................... $25.00 1