[Amended 6-6-2011 by Ord. No. 631, effective 6-16-2011; 10-4-2012 by Ord. No.
649, effective 10-14-2012; 3-7-2013 by Ord. No. 652, effective 3-17-2013; 5-1-2014 by Ord. No. 658, effective 5-8-2014]
A. For the purpose of this article, signs
are recognized to present unique problems and conditions, and therefore
the following regulations and restrictions are intended to ensure
that signs which because of their nature, size, structure, design,
color, lighting, or location will not create an adverse effect on
surrounding properties and the community in general.
B. After the effective date of this article
and unless herein excepted, no sign shall be erected, constructed,
posted, painted, altered, maintained, or relocated except as provided
in this section and in these regulations, until a permit has been
issued by the Director of the Department of Planning and Codes, henceforth
known as "the Director," or his/her designee. The Director or his/her
designee shall be responsible for providing an application. Before
any permit is issued, an application shall be filed, together with
a sketch, drawing, or specification as may be necessary to fully advise
and acquaint with the location, construction, materials, manner of
illuminating, securing, or fastening, and number of signs for which
approval is sought.
C. For the purposes of this article, signage
area, height, and location shall be in accordance with the following:
(1)
Signage area shall be based on the
entire area of the sign with a single continuous perimeter enclosing
the extreme limits of the sign surface. Signage area for individual
letters and logos shall be measured individually, and the total area
of all letters and logo shall constitute the signage area. Signage
support and framework shall not be included in the signage area calculation.
Signs with two faces no more than two feet apart shall be considered
as one signage area.
(2)
Sign height shall be measured from
the adjacent grade, paved walk, or vehicular surface to the lowest
and/or highest point of the sign.
(3)
Freestanding signs shall be located
1/2 the distance required for the building setback, except in the
Industrial Zoning District where a freestanding sign shall be located
a minimum of 10 feet from the property line.
(4)
No sign shall be installed or constructed
extending over or above the roof or parapet of a building or into
a public right-of-way or street.
D. The Director or his/her designee shall
remove or cause to be removed any sign erected or maintained in conflict
with these regulations if the owner or lessee or responsible party
of either the site or the sign fails to correct the violation within
30 days after receiving a written notice of violation from the Director
or his/her designee. Removal of a sign shall not affect any proceedings
instituted prior to removal of such sign, including but not limited
to, formal enforcement activities and/or imposition of fines.
E. Any unpaid expenses associated with enforcement activities, including the imposition of fines and the cost of correcting violation(s), shall be subject to lien against the property. The procedure for an appeal of violation(s) is established in accordance with Chapter
94, Property Maintenance.
F. Nonconforming signs may not be enlarged,
substantially altered, moved, or replaced except to bring the sign
into conformity with these regulations. For the purposes of this article,
a nonconforming sign may be repaired and renovated to the original
sign specifications.
G. The Board of Appeals, pursuant to the authority and procedures set forth in Article
XIX, Citizen Boards, may grant variances to these regulations as established in §
128-126H.
H. Restrictions.
(1)
No signs, banners, pennants, streamers,
spinners, or similar devices constructed of cloth, fabric, cardboard,
metal, or other like material, displayed for purposes shall be erected
except where the Director or his/her designee has authorized such
use or is otherwise permitted by these regulations.
(2)
No sign shall be constructed, erected,
or otherwise installed within a required buffer area, forested, or
similar conservation easements or area, or create a hazard or unsafe
condition, including but not limited to, the safety of vehicular and
pedestrian traffic.
(3)
All signs and supporting structures
shall be maintained in good condition and appearance. After due notice
has been given, the Director or his/her designee may cause to be removed
any sign which shows gross neglect or becomes dilapidated.
(4)
Where permitted by these regulations, illumination shall meet the standards and regulations as provided for in Article
XXII, Outdoor Lighting.
(5)
All signs shall comply with the yard
setback requirements of the district in which they are located except
that freestanding signs may be located within the front yard setback.
(6)
The owner and/or tenant of the premises
shall be held responsible for any violation of these regulations.
Where a sign has been erected in accordance with these regulations,
the sign company shall be relieved of further responsibility under
these regulations.
(7)
Except in the Historic Overlay Zone,
where Historic and Architectural Review Commission review and approval
is required, repainting and changing the message of a sign shall not,
in and of itself, be considered a substantial alteration.
(8)
For the purposes of enhancing visibility
of a sign, no person may damage, trim, destroy, or remove trees, shrubs,
or vegetation located within:
(a)
The right-of-way of any public street
or road without express written authorization of the owner of the
right-of-way;
(b)
On any other property other than
under direct ownership or control of where the sign is located; or
(c)
In any area where such vegetation
is required as part of the critical area regulations.
(9)
Off-site signage. "Off-site signage" shall mean signage of any material or vehicle advertising a business, event, or activity that is not physically and permanently located on the lot or parcel where signage is displayed. No off-site signage is allowed except as permitted in §
128-127, Sign types and dimensional regulations, and §
128-126I of this Code.
(10)
Temporary signage. Unless permitted by the regulations under §
128-126I of this Code, temporary signage shall be defined as any signage, temporary in nature, including vehicles or signage constructed or fabricated of posters, paper, plastic, cardboard, fabric or similar types of materials, installed for 30 days or less. Any signage installed and in use for greater than 30 days shall be determined as permanent and shall comply with this Code.
(11)
Vehicle signage. No vehicle shall be used as permanent signage, on-site or off-site except as permitted in §
128-127, Sign types and dimensional regulations, and the following:
(a)
For the purposes of this Code, vehicle signage permitted by §
128-127 is considered permanent if located on a parcel or lot more than the time as established in §
128-126H(10) of this Code.
(b)
All vehicle signage, whether the
use is temporary or permanent in nature, shall be properly licensed
and registered, operable, maintained in clean and good condition,
and parked or stored on a fully stabilized surface intended for vehicles.
"Stabilized surface" shall mean any surface such as asphalt, concrete,
gravel, grass-pave, or similar construction for the purpose of the
parking, storage, or driving of vehicles.
I. Use regulations. The following sign uses, and no other, are permitted, provided the regulations as set forth in Subsections
C and
H are met:
(1)
Professional, accessory use, or name
signs indicating the profession or activity of a dwelling, or signs
indicating the private nature of a driveway or property, providing
that no more than two such signs shall be located along one road frontage
and that the combined area on one side of such sign or signs shall
not exceed two square feet.
(2)
Identification signs, announcement
signs, or bulletin boards, relating to a religious institution, educational
facility, hospital, municipal or government facility, charitable or
civic institution or facility, providing that not more than one sign
shall be placed on any street frontage of any one property.
(3)
Official signs, erected by a public
authority or public utility, such as, but not limited to, highway
signs, railroad crossing, hazard and other signs that may be required
by a governmental or public utility authority or agency in connection
with the identification, operation or protection of property, persons,
or activity.
(4)
Warning signs may be placed by property
owners to warn of dangers, such as, but not limited to, hidden driveways
and traffic directions on private drives.
(5)
Real estate signs relating to advertisement
of individual properties for sale or rent may be placed on the property,
provided no more than one sign is installed per street frontage on
a property by any one real estate organization. The sign shall be
removed promptly when the properties are sold or rented.
(6)
Directional signs relating to a use
located in the Town may be erected off site. These signs shall not
include more than the name, direction and nature of the business activity
referred to. Each sign shall have not more than two square feet on
each side and not more than two shall be erected for any one use.
Directional signs for activities outside the Town will not be allowed
within the Town.
(7)
Legal notices, such as, but not limited
to, signs used to post a property to prevent trespassing, hunting,
trapping, etc.
(8)
Temporary public announcements to
advertise public benefits of religious institutions, fire companies,
other public charitable religious events, and public sales events
of an individual's household goods, stock, or property are permitted,
providing that:
(a)
The event is held in Town;
(b)
The notices are not more than 16
square feet in area, and removed within 14 days; or 48 hours following
the event, whichever is the lesser time.
(9)
Special event, sale, and grand opening
signs shall be erected in accordance with the following:
(a)
A carnival, fair, circus, festival,
or similar event may locate banners, flags, pennants, streamers, and
similar signs, provided these signs are displayed four weeks prior
to the event and removed no more than three days after the event.
Signs advertising such events may be erected and located off site,
provided no more than four signs are erected per lot or parcel, not
exceeding 32 square feet in signage area, per sign, and written property
owner permission is obtained.
(b)
Banners, flags, pennants, streamers
and similar signs may be erected and installed for special sales and
grand openings, provided signage does not indicate prices and is removed
no more than three days after the event and is no more than 24 square
feet in signage area. Signs advertising such events may be erected
and located off site, provided no more than a total of four signs
are erected or installed, one sign per any given parcel, not exceeding
32 square feet in signage area per sign, and written property owner
permission is obtained.
(10)
Temporary nonilluminated, political
signs 16 square feet in area or less are permitted in any zoning district
and shall be removed within seven days after the election. Removal
shall be the responsibility of the candidate or erector of the sign.
(11)
Flag and pennant signs shall be in
accordance with the following standards:
(a)
Shall not exceed eight square feet
for each 10 linear feet of street frontage;
(b)
In connection with a commercial promotion
or as an advertising device, providing only such information to identify
the business located on the property;
(c)
Shall be maintained in accordance
with the safety and maintenance standards of these regulations.
J. Variances. Pursuant to the authority and procedures set forth in Article
XIX, Citizen Boards, §
128-163, Board of Appeals, the Board of Appeals may grant variances to the limitations set forth in these regulations as follows:
(1)
An adjustment of up to 20% of the
limitations set forth in these regulations with respect to the following
dimensional criteria:
(c)
Distance of permitted projection;
(e)
Distance from other zoning lots;
(2)
An increase of one sign in addition
to the maximum number of signs permitted per lot, building, or street
frontage where special or unusual conditions of the lot or parcel
justify increasing the number of signs.
(3)
The Board of Appeals may reasonably modify the provisions of Subsection
J(1)(a) through
(f) of these regulations based on special or unusual conditions of the site or building.
(4)
In addition to the review criteria and findings set forth in §
128-163 for variances, the Board of Appeals shall only approve an application in accordance with the standards as set forth in this article for signage.
K. Shopping centers, big-box stores, commercial medical centers, and industrial centers. The Planning Commission may grant approval as part of the site plan approval process. The Official Tables of Sign Types and Dimensional Regulations is hereby included as Exhibit A, §
128-127, and the following standards shall apply:
(1)
A plan shall be required showing
the overall design and treatment of signs throughout the center or
big-box store, which shall be submitted to and approved by the Planning
Commission as part of the comprehensive development plan and site
plan approval process. All signs within the center or big-box store
shall be controlled by written agreement between the owners and tenants
of the center or big-box store to ensure an attractive and harmonious
appearance throughout the center or big-box store.
(2)
Sign lighting may be indirect, internally illuminated, direct downlight, and shall be in conformance with Article
XXII, Outdoor Lighting, and the provisions of Chapter
38, Building Construction, the International Energy Conservation Code ("IECC").
(3)
No signage shall be flashing or otherwise
create a vehicular or pedestrian hazard.
(4)
The Planning Commission shall approve signage as established in the Official Tables of Sign Types and Dimensional Regulations, included as Exhibit A, §
128-127, (5A) and (6A), or exceed the sizes and number of signage, or otherwise
modify the standards of the Official Tables based on the proposed
plan or other conditions of the site.
(5)
Existing signage. Individual signage in existing shopping centers, big-box stores, commercial medical centers, and industrial centers shall comply with the signs dimensions as established in the Official Tables of Sign Types and Dimensional Regulations, included as Exhibit A, §
128-127, (5) and (6), unless determined as comprehensive sign redevelopment defined in this section. "Comprehensive sign redevelopment" shall be defined as any design change of all signage in the center.
(6)
Sign redevelopment. For the purposes
of this section, "sign redevelopment" shall mean the comprehensive
design and replacement of all existing signs in shopping center, big-box
store, industrial center, and commercial center.
(7)
Fees. For the purposes of establishment
and payment of fees, any signage review by the Planning Commission
shall be based on the fee as established for a minor site plan review.
Signage permit fees shall be considered a separate fee from this review.
The Official Tables of Sign Types
and Dimensional Regulations is hereby included as Exhibit A.