A.
Statement of purpose.
(1)
The purpose of this article is to establish minimum standards to
safeguard life and property and promote public welfare and community
aesthetics by regulating the appearance, construction, location and
maintenance of all signs, awnings, canopies and billboards.
(2)
In addition, this article is intended to protect the public health,
safety and general welfare by:
(a)
Promoting well-maintained and attractive signs within the Town
of Lowell;
(b)
Providing for adequate business identification, advertising
and communication; and
(c)
Protecting the safety and efficiency of the Town's transportation
network by reducing confusion or distractions to motorists and enhancing
motorists' ability to see pedestrians, obstacles, other vehicles and
official traffic signs, signals or devices by minimizing a proliferation
of messages for the motorist.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The provisions herein contained shall be binding alike upon every
owner of a building, every lessee and every person in charge or responsible
for or who causes the construction, repair, relocation or alteration
of any outdoor sign and other advertising structures in the Town of
Lowell; painting, posting and general maintenance are excepted.
B.
Statement of Authority. This chapter is adopted pursuant to authority,
power and duties granted to the Town Board, in the exercise of village
powers under § 60.10, Wis. Stats., as well as authority
under § 60.23, Wis. Stats., to regulate and control persons
in the Town in certain uses, activities, businesses and operations
within the Town.
The following definitions are used in this article:
A structural poster panel or painted sign, either freestanding
or attached to the outside of a building, for the purpose of conveying
information, knowledge or ideas to the public about a subject either
related or unrelated to the premises upon which located.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The area is the perimeter which forms the outside shape,
but excluding the necessary supports or uprights on which the sign
may be placed unless they are designed as part of the sign. If the
sign consists of more than one section or module, all areas will be
totaled. The area of an irregularly shaped sign shall be computed
using the actual sign face surface. The area of the irregularly shaped
sign shall be the entire area within a single continuous rectilinear
perimeter of not more than eight straight lines.
A temporary hood or cover which projects from the wall of
the building which can be retracted, folded or collapsed against the
face of a supporting structure.
A nonilluminated, projecting identification sign painted
on or affixed flat to the surface of an awning and which does not
extend vertically or horizontally from the awning.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any outdoor sign, display, device, notice, figure, painting,
drawing, mural, message, placard, poster or other thing which is designed,
intended or used to advertise or inform, any part of which is visible
from any place on the traveled way of any town, county, state or federal
highway or roadway and which is larger than 75 square feet in total
area.
The unreasonable obstruction of view of a sign caused by
the placement of another sign.
A "canopy" is a shelter, with or without a sign, attached
to or connected with a building and extending into a setback or over
the public sidewalk.
A "day" shall be designated as a period of time in terms
of calendar days.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories. Directory signs shall be encouraged for use with advertising
of multiple-occupied commercial and industrial buildings.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphics, time, date, temperature,
weather or information concerning civic, charitable or other noncommercial
activities or the advertising of products or services for sale on
the premises. This also includes traveling or segmented message displays.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any directly or indirectly illuminated sign on which artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise,
institution or principal products offered for sale on the premises
or combination of these.
A sign that is illuminated from a source outside of the actual
sign.
Any sign attached to and made part of a marquee. A "marquee"
is defined as a permanent rooflike 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 weather.
Any sign which does not conform to the regulations of this
chapter.
Any sign, device or display which advertises goods other
than that commonly available or services other than that commonly
performed on the premises on which the sign is located.
Any sign displaying a candidate for an election, or a current
election's subject matter.
Any sign not permanently attached to the ground which is
designed to be easily moved from one location to another.
Any sign extending more than 18 inches, but less than four
feet, from the face of a wall or building; such sign may not extend
more than three feet into the right-of-way.
Any sign which are used to offer for sale, lease or rent
the property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any
building.
Any outdoor display, device, notice, figure, painting, drawing,
mural, message, placard, poster or other thing which is designed,
intended or used to advertise or inform, and in which any part of
the advertising or informative contents is visible from any place
on the traveled way of any portion of a town, county, state or federal
highway or roadway and is less than 75 square feet in total area.
A sign erected for the purpose of directing persons to a
place of business, recreation or public building, school or church.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any sign which is erected or displayed for a limited period
of time not to exceed 28 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed eight square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this chapter, a portable sign is not a temporary sign.
Includes the sign area, plus any exposed area or members
of the supporting structure on or to which the sign (sign message)
is affixed. Decorative, landscaped earth berms or structures which
are composed principally of exposed earth and/or landscape (plant)
materials shall not be included as part of a total sign structure
but shall meet sign setback requirements as set forth herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 16 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way. For purposes of this chapter, a window
sign shall not include any sign permanently attached in the window
or directly painted on the glass.
A.
Application. Except those specified in § 295-54, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Town of Lowell. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the Building Inspector shall also be required. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator/Permit Issuer. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.
Required information. Application for a sign permit shall be made,
in writing, upon forms furnished by the Town which contain the following
information about the sign: dimensions, including display surface;
materials; illumination; wiring; height above grade; distance from
lot lines; and the person, firm or corporation erecting or altering
the sign. A permit is not required for a copy change when no change
in business name is involved.
C.
Permit fees. Required permit fees shall be paid to the Town Clerk
for each sign permit issued under this article; provided, however,
that a fee shall not be charged for putting an existing sign in conformity
with this article, or for a copy change when no change in business
name is involved.
D.
Inspection. The applicant shall, upon completion of the installation,
relocation or alteration of the sign, notify the Zoning Administrator/Permit
Issuer, who will assure the sign complies with the regulations of
this article. If a building permit was also required, the applicant
shall also notify the Building Inspector.
E.
Appeals. The Zoning Administrator/Permit Issuer may, at any time
for a violation of this article, revoke a permit or require changes
so the sign conforms with this article. The holder of a revoked permit
shall be entitled to an appeal before the Town Board. Any person,
firm or corporation aggrieved by any permit denial or decision by
the Zoning Administrator/Permit Issuer relative to the provisions
of these sign regulations may appeal and seek review of such decision
to the Town Board.
The following signs do not require a sign permit, provided that
they are not located over a public road right-of-way or in, on or
over public water:
A.
Commercial, industrial and planned unit development (commercial/industrial)
districts.
(1)
Warning signs not to exceed four square feet located on the premises.
(2)
Memorial signs, tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against the structure.
(3)
Official signs, such as traffic control, parking restriction, information
and notices.
(4)
Rummage or garage sale signs not to exceed eight square feet in area,
but use of this type of sign shall be limited to 72 hours per sale.
(5)
Signs designating entrances, exits, service areas, parking areas,
restrooms and other such signs relating to functional operation of
the building or premises shall be permitted without limitation other
than reasonable size and necessity.
(6)
Signs not exceeding two square feet in area and bearing only property
numbers, postbox numbers or names of occupants of premises.
(7)
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
(8)
Legal notices, identification information or directional signs erected
by governmental bodies.
(9)
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights.
(10)
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
(11)
Political message signs during an election campaign period.
As defined in § 12.04(1), Wis. Stats. Said sign shall be
a maximum of 32 square feet. Such signs shall only be erected on private
property, with the permission of the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(12)
Window signs are allowed with no permits.
(13)
Bills, posters and banners shall be allowed with no permits.
(14)
Unlighted real estate signs advertising the sale or lease of
the premises on which the sign is located provided in residential
districts are limited to four square feet and one sign per street
frontage, and in all other districts are limited to 32 square feet.
Permanent rental signs, such as for apartments, shall be limited to
12 square feet.
(15)
Bulletin boards and identification signs for public, charitable
or civic institutions, apartments, planned residential developments
and subdivisions and model homes, in residential districts, provided
they:
B.
Residential, conservancy and agricultural districts.
(1)
Signs over show windows or doors of a nonconforming business establishment
announcing without display or elaboration only the name and occupation
of the proprietor and not to exceed two square feet.
(2)
Memorial signs, tablets, names of buildings and dates of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against a structure.
(3)
Official signs, such as traffic control, parking restrictions, information
and notices.
(4)
Awnings or canopies servicing only a particular single-family dwelling
unit, provided the same shall conform to the regulations applicable
to the zoning district in which the same are located.
(5)
House numbers or signs identifying parks or country clubs or official
bulletin boards.
(6)
Political message signs during an election campaign period, as defined
in § 12.04(1), Wis. Stats. Political signs may be posted
60 days before an election and must be removed within 10 days after
said election. Said sign shall be a maximum of eight square feet.
Such signs shall only be erected on private property, with the permission
of the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Rummage or garage sale signs not to exceed eight square feet in area,
but use of this type of sign shall be limited to 72 hours per sale.
(8)
Unlighted real estate signs advertising the sale or lease of the
premises on which the sign is located provided in residential districts,
are limited to four square feet and one sign per street frontage,
and in all other districts are limited to 32 square feet. Permanent
rental signs, such as for apartments, shall be limited to 12 square
feet.
(9)
Bulletin boards and identification signs for public, charitable or
civic institutions, apartments, planned residential developments and
subdivisions and model homes, in residential districts, provided they:
(11)
Farm names and identification signs in all agricultural districts.
(12)
Agricultural signs advertising farm products produced on the
premises or the sale of farm equipment, stock and personal goods,
not exceeding 32 square feet.
A.
Permitted signs. Business signs as defined herein are permitted in
all business, industrial and public and semi-public districts following
issuance of a sign permit.
B.
Business signs clearance standards.
(1)
Projecting signs. Projecting signs shall not be less than 10 feet
above the grade nor 15 feet above a driveway or an alley.
(2)
Freestanding signs.
(a)
If located above a walkway or driving area, freestanding signs
shall not be less than 10 feet above a walkway nor less than 15 feet
above a driveway or an alley.
(b)
If located within 100 feet of an intersection of a driveway
or roadway, freestanding signs shall not be less than 10 feet above
existing grade or grade of existing structure at the time of permit
approval.
C.
D.
Off-premises signs. Off-premises advertising signs are permitted
in the Business/Commercial Mixed-Use District and all industrial districts
subject to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Street setback. Minimum: 25 feet, unless otherwise specified in conditional
use approval.
(2)
All other district yards. The setback minimum shall be the same as
for the basic district unless otherwise specified in conditional use
approval.
(4)
Height. A maximum of 25 feet above the existing grade or grade of
existing structure at the time of permit approval.
E.
Directional signs permitted. Directional signs are permitted in Business/Commercial
Mixed-Use District subject to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Advertising and directional signs. Clearance standards:
(1)
Height. Projecting signs shall not be less then 10 feet above the
grade nor 15 feet above a driveway or an alley.
(2)
Freestanding signs.
(a)
Freestanding signs located above a walkway or driving area shall
not be less than 10 feet above a driveway or an alley.
(b)
Freestanding signs located within 100 feet of an intersection
of a driveway or a roadway shall not be less than 10 feet above existing
grade or grade of existing structure at the time of permit approval.
G.
Lighting. Business and industrial signs may be internally lighted
or illuminated by a hooded reflector; provided, however, that such
lighting shall be arranged to prevent glare and no sign shall be lighted
by a lighting of intermittent or varying intensity. Animated signs,
or signs having moving parts, or signs which may be mistaken for traffic
signal devices, or which diminish the visibility or effectiveness
of such traffic signal devices are prohibited.
H.
Signs causing obstruction prohibited. Any sign so erected, constructed
or maintained as to obstruct or be attached to any fire escape, window,
door or opening used as means of ingress or egress, or for firefighting
purposes, or placed so as to interfere with any opening required for
legal ventilation is prohibited.
I.
Signs at intersection prohibited. No sign or advertising device shall
be erected or maintained at the intersection of streets in such a
manner as to obstruct clear vision of the intersection.
In addition to those permitted signs not requiring a permit pursuant to § 295-54B, the following nonflashing, nonilluminated signs are permitted under the conditions specified in all residential and planned unit development (residential) districts established by this chapter:
A.
Nameplate and identification signs. Subject to the following:
(1)
Area and content, residential. There shall be not more than one nameplate,
not exceeding four square feet in area, for each dwelling unit, indicating
the name or address of the occupant or a permitted home occupation.
On a corner lot, two such nameplates for each dwelling unit (one facing
each street) shall be permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Projection. Such signs shall be affixed flat against the wall of
the building.
(3)
Height. No sign shall project higher than one story or 15 feet above
curb level, whichever is lower.
B.
"For sale" and "to rent signs." Subject to the following:
(1)
Area and number. There shall be not more than one sign per zoning
lot, except that on a corner zoning lot, two signs (one facing each
street) shall be permitted. No sign shall exceed eight square feet
in area nor be closer than 12 feet to any other zoning lot.
(2)
Height. No sign shall project higher than one story or 15 feet above
curb level, whichever is lower, when attached to a building; detached
or freestanding signs shall not be more than four feet in height,
measured from the soil grade to the top of the signpost.
C.
Signs accessory to parking area. Subject to the following:
(1)
Area and number. Signs designating parking area entrances or exits
are limited to one sign for each such exit or entrance, and to a maximum
size of two square feet each. One sign per parking area, designating
the conditions of use or identity of such parking area and limited
to a maximum size of nine square feet, shall be permitted. On a corner
lot, two such signs (one facing each street) shall be permitted.
(2)
Projection. No sign shall project beyond the property line into the
public way.
(3)
Height. No sign shall project higher than seven feet above curb level.
D.
Signs accessory to roadside stands. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification
of the roadside stand and advertising the agricultural products for
sale therein.
(2)
Area and number. The signs shall be on the same zoning lot (either
zoned agricultural or with a conditional use permit) as the roadside
stand, and there shall be not more than two signs per lot. No sign
shall exceed 12 square feet in area nor be closer than 50 feet from
any other zoning lot.
(3)
Projection. No sign shall project beyond the property line into the
public way.
(4)
Height. No sign shall project higher than 15 feet above curb level.
(5)
Permit. A sign permit is required for this type of sign.
E.
Temporary signs accessory to subdivision developments or other permitted
improvements in residential districts. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification
of homes for sale or rent in the subdivision under construction, or
for the identification of other nonresidential uses under construction.
(2)
Area, number and setback. Such signs shall not exceed two in number
for each subdivision nor 32 square feet each in area. They shall observe
the front yard requirement of the principal use and shall be located
at least 50 feet from all other boundaries of the site.
(3)
Height. No sign shall project higher than eight feet above curb level.
(4)
Time limitations. The sign or signs shall be removed by the applicant
or property owner within two years of the date of the issuance of
a sign permit.
F.
Subdivision identification signs. Subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or
development.
(2)
Area and number. There shall be not more than two signs located at
each entrance to a subdivision. No sign shall exceed 50 square feet
in area. Such identification signs shall only be erected after review
and approved by the Zoning Administrator/Permit Issuer.
(3)
Height. No sign shall project higher than 12 feet above curb level;
the Town Board may, however, temporarily authorize a larger sign for
a period not to exceed two years.
(4)
Permit. A sign permit is required for this type of sign. Drawings
showing the specific design, appearance and location of the sign shall
be submitted to the Zoning Administrator/Permit Issuer for approval.
The location of any such sign shall be at the discretion of the Zoning
Administrator/Permit Issuer based upon the character of the area,
the type and purpose of the sign and the length of time permitted.
G.
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
Area and number. There shall be not more than one sign per lot, except
that on a corner lot, two signs (one facing each street) shall be
permitted. No sign shall exceed 16 square feet in area nor be closer
than eight feet from any other zoning lot.
(2)
Projection. No sign shall project beyond the property line into the
public way.
(3)
Height. No sign shall project higher than one story or 15 feet above
the curb level, whichever is lower.
The following signs are permitted in the AG-1 General Agricultural
District upon the granting of a permit and subject to the following
regulations:
A.
Name, occupation or organization signs not to exceed 10 square feet
in sign area, and not exceeding two in number per form or premises.
B.
Off-premises directional sales signs.
C.
Real estate signs pertaining to the lease or sale of any building,
land, farm equipment or animals. Such signs shall not exceed 32 square
feet in sign area; shall not be less than 25 feet away from the right-of-way
of any street or highway and upon the property so offered for sale
or lease; and shall not exceed one sign per street frontage.
Landscape features such as plant materials, berms, boulders,
fencing and similar design elements unincorporated or in conjunction
with the freestanding signs are encouraged and shall not be counted
as allowable sign area.
A.
Traffic interference. Signs shall not resemble, imitate or approximate
the shape, size, form or color of railroad or traffic signs or devices.
Signs, canopies and awnings shall not obstruct or interfere with the
effectiveness of railroad or traffic signs, signals or devices or
the safe flow of traffic. No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door, window or
fire escape. No sign, awning or canopy shall be placed so as to obstruct
or interfere with traffic visibility.
B.
Moving or flashing signs. No sign shall be erected which has any
flashing, rotating or brilliant intermittent parts or lights or bare,
reflecting-type bulbs, except those giving public service information
such as time, date, temperature, weather or similar information or
where allowed by conditional use permit. No signs, billboards or other
advertising media which creates a hazard or dangerous distraction
to vehicular traffic or a nuisance to adjoining residential property
shall be permitted in any district.
C.
Signs on public rights-of-way. Signs shall not be permitted on public
rights-of-way, except for municipal traffic control, parking and directional
signs and as otherwise specified in this chapter, or be located within
five feet of a property line.
D.
Other prohibited signs. The following types and classes of signs
are prohibited from being placed, erected or maintained in any area
or district within the Town:
(1)
Unsafe signs. Signs or billboards which are unsafe or in a state
of disrepair, so as to be dangerous or cause a hazard to persons,
animals or property.
(2)
Signs attached to natural objects. Signs which are attached to trees
or other natural objects, except "no trespassing" signs, which may
be placed on trees by the owner or occupant of the premises.
(3)
Signs on vehicles, trailers or buildings. Signs which are painted
or placed directly on temporarily parked vehicles, trailers, or buildings,
unless the sign is directly related to the use of the premises in
or on which it is located.
(4)
Nonaccessory signs. Signs or billboards which are not directly related
to the use of the premises in or on which they are located, except
directional signs specifically authorized under this chapter.
(5)
Abandoned signs. Signs or billboards that advertise an activity,
business product or service no longer conducted or available on the
premises on which the sign is located.
(6)
Rooftop signs, flashing or blinking signs (other than public traffic
control signs), semitemporary portable signs, and private signs within
public street, road or highway right-of-way shall be prohibited.
(7)
Signs facing on federal interstate or federal aid primary highways
shall meet all the requirements and regulations set forth in Wisconsin
Statutes and federal regulations as well as the regulations for the
type and location of signs set forth herein.
(8)
Words and phrases on signs should be kept to a minimum to allow reading
or interpretation from a moving vehicle at posted speed limits without
hazard. A combination of 10 words, sets of numbers, logos, or pictures
will, under normal circumstances, be considered as a guide for sign
phrasing, and the applicant may be requested to modify the sign to
delete excessive verbiage.
E.
Facing of signs. No illuminated signs, except those permitted in
residential zoning districts, shall be permitted to face a residence,
and no sign-related illuminating device shall be directed toward residential
parcels in a residential zoned district.
A.
Removal of dangerous signs.
(1)
From time to time the Zoning Administration may inspect signs within
the Town for compliance with the provisions of this chapter, and if
such provisions are not being met, the Building Inspector shall report
such fact to the sign owner and request that the sign be made to comply
with this chapter. If, within a reasonable period of time set by the
Zoning Administrator, the sign is not made to comply with this chapter,
the Zoning Administrator may direct that the sign be removed by the
owner and, if not so removed, shall cause the sign to be removed and
the cost of such removal assessed to the sign owner or the owner of
the property from which the sign is removed.
(2)
All signs shall be removed by the owner or lessee of the premises
upon which the sign is located if, in the judgment of the Zoning Administrator/Permit
Issuer, such sign is so old, dilapidated or has become so out of repair
as to be dangerous or unsafe, whichever occurs first. If the owner
or lessee fails to remove it, the Zoning Administrator/Permit Issuer
may remove the sign at cost of the owner, following adequate written
notice. The owner may appeal the decision of the Zoning Administrator/Permit
Issuer to the Board of Appeals.
B.
Abandoned signs. Except as otherwise herein provided, all sign messages
shall be removed by the owner or lessee of the premises upon which
an off-premises sign is located when the business it advertised is
no longer conducted where advertised. If the owner or lessee fails
to remove the sign, the Zoning Administrator/Permit Issuer shall give
the owner 60 days' written notice to remove said sign, and thereafter,
upon the owner's or lessee's failure to comply, may remove such sign,
any costs for which shall be charged to the owner of the property
or may be assessed as a special assessment against the property, and/or
the Zoning Administrator/Permit Issuer may take any other appropriate
legal action necessary to attain compliance.
C.
Violations. All signs constructed or maintained in violation of any
of the provisions of this article after the date of adoption are hereby
declared public nuisances within the meaning of this Code. In addition
to the penalty provisions for violations of this article, the Zoning
Administrator/Permit Issuer or Town Board may bring an action to abate
the nuisance in the manner set forth in the Wisconsin Statutes.[1]
Variances or exceptions to these sign regulations may be granted
by the Board of Appeals following a recommendation from the Town Board
and Zoning Administrator/Permit Issuer, pursuant to the standards
of this chapter.
A.
Installation. All signs shall be properly secured, supported and
braced and shall be kept in reasonable structural condition and shall
be kept clean and well-painted at all times. Bolts or screws shall
not be fastened to window frames. Every sign and its framework, braces,
anchors and other supports shall be constructed of such material and
with such workmanship as to be safe and satisfactory to the Zoning
Administrator/Permit Issuer and/or Building Inspector.
B.
General requirements.
(1)
Construction standards. All signs, except flat signs and those signs
weighing less than 10 pounds, shall be designed, fastened and constructed
to withstand a wind pressure of not less than 30 pounds per square
foot of area and shall be constructed, attached, fastened or anchored
to adequately support the dead load and any anticipated live loads
(i.e., ice, snow) of the sign.
(2)
Illuminated signs. Any illuminated signs shall not interfere with
surrounding properties or traffic.
(3)
Roof signs. No sign shall be located so as to project above the parapet
line unless approved by the Zoning Administrator/Permit Issuer.
(4)
Projection. Signs, including supports, shall not interfere with surrounding
properties or traffic.
(5)
Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus, except "no trespassing" signs as provided in § 295-59D(2).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
Blanketing. Blanketing of signs on buildings shall not be allowed.
(7)
Maintenance. All signs, including supports and attachments, shall
be properly maintained and have an appearance that is neat and clean.
All signs shall be kept in good structural condition, well-painted,
and clean at all times, and the immediate premises shall be maintained
in a clean, sanitary and inoffensive condition and kept free and clear
of all obnoxious substances, rubbish and weeds.
A.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on
the premises or to present public service information.
(2)
Segmented messages must be displayed for not less than 3 1/2
seconds and not more than 10 seconds.
(3)
Traveling messages may travel no slower than 16 light columns per
second and no faster than 32 columns per second.
B.
Portable signs/message boards. Portable, temporary and mobile mounted
signs and movable message boards are permitted in nonresidential districts
and shall be limited in use to five days at a time following approval
by the Zoning Administrator/Permit Issuer; provided, however, that
the Zoning Administrator/Permit Issuer shall not give approval for
placement of a portable sign/message board if it presents a vision
obstruction; such signs shall not be displayed more frequently than
five days in any ninety-day period at any one location. The maximum
size of a portable sign/message board shall be 10 square feet on each
face, back to back. Portable signs/message boards shall not be located
in any public rights-of-way and shall be securely fastened to prevent
any hazardous condition. Portable signs/message boards shall not be
located closer than 10 feet to an adjacent property and shall not
be illuminated between 10:00 p.m. and 6:00 a.m.
C.
Searchlights. The Zoning Administrator/Permit Issuer may permit the
temporary use of a searchlight for advertising purposes in any district,
provided that the searchlight will not be located in any public right-of-way,
will not be located closer than 10 feet to an adjacent property and
will not cause a hazard to traffic or adjoining properties. Searchlight
permits shall not be granted for a period of more than five days in
any six-month period.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Town of Lowell limits of the original date of adoption
of this article hereafter which does not conform with the provisions
of this article is eligible for characterization as a legal nonconforming
sign and is permitted, provided that the owners of such signs shall,
within three months of the original effective date of this chapter
or any amendment thereto, fill out a permit application for the Zoning
Administrator's records. Upon the filing of such application, the
Zoning Administrator shall issue a permit to the sign owner without
fee.
B.
Loss of legal nonconforming status. A sign loses its nonconforming
status if one or more of the following occurs:
(1)
If said sign is damaged by fire, flood, explosion, earthquake, war,
riot or act of God; or structurally altered in any way, except for
normal maintenance and repair; the sign may be reconstructed and used
as before if it is reconstructed within three months after such calamity,
unless the damage to the sign is 50% or more of its replacement value,
in which case the constructed sign shall comply with the provisions
of this article.
(2)
The sign is relocated.
(3)
The sign fails to conform to the Town requirements regarding maintenance
and repair, abandonment or dangerous or defective signs.
(4)
On the date of occurrence of any of the above, the sign shall be
immediately brought in compliance with this article with a new permit
secured therefor or shall be removed.
C.
Legal nonconforming sign maintenance and repair. Nothing in this
article shall relieve the owner or use of a legal nonconforming sign
or the owner of the property in which the sign is located from the
provisions of this article regarding safety, maintenance and repair
of signs.
A.
Permitted awnings. No awnings (noncollapsible type) shall be erected
or maintained, except such awnings as comply with the following requirements,
and then only if the permit required hereunder is first obtained and
the same conform to the regulations of the zoning district in which
the same are to be located:
(1)
Support. Awnings shall be securely attached to and supported by the
building and shall be without posts or columns beyond the setback
line.
(2)
Height. All awnings shall be constructed and erected so that the
lowest portion thereof shall be not less than seven feet above the
level of the public sidewalk or public thoroughfare.
(3)
Setback from curbline. No awning shall extend within one foot of
the curbline.
B.
Permitted canopies. No canopies shall be erected or maintained, except
such canopies as comply with the following requirements, and then
only if the permit required hereunder is first obtained and the same
conform to the regulations of the zoning district in which the same
are to be located:
(1)
Support. The structural support of all canopies shall be approved
by the Zoning Administrator/Permit Issuer as in compliance with the
Building Code of the Town[1] and shall meet state building codes. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 295-62 of this chapter. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected
so that the lowest portion thereof shall not be less than eight feet
above the level of the sidewalk or public thoroughfare.
(3)
Setback from curb. No canopy shall extend beyond a point two feet
from the curbline.
A.
Construction without permit. Any person, firm or corporation who
begins, erects or completes the erection or construction of any sign,
awning or canopy controlled by this article prior to the granting
of a sign permit shall pay a penalty double the amount of the permit
otherwise required.
B.
Compliance notice.
(1)
If the Zoning Administrator/Permit Issuer finds any sign, awning
or canopy regulated herein unsafe or insecure or is a menace to the
public, it shall give written notice to the sign owner and to the
property owner.
(2)
If such sign, awning or canopy owner fails to remove or alter the
sign, awning or canopy so as to comply with the standards herein set
forth within a reasonable period of time set by the Zoning Administrator
after such notice, the Zoning Administrator/Permit Issuer may cause
such sign, awning or canopy to be removed or altered at the expense
of the owner of the sign, awning or canopy or the owner of the property
upon which it is located so as to comply with the provisions of this
article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Violations; penalties. Any person who shall violate any of the provisions
of this article shall be subject to a penalty which shall be as follows:
(1)
Any person found guilty of violating any part of this article who has previously been notified of being in violation or been convicted of violating the same Article within one year shall, upon conviction thereof, be subject to a forfeiture as prescribed by Chapter 1, General Provisions, § 1-3, for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this article shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this article.
Applications for permits shall be filed with the Zoning Administrator,
who shall review the application for its completeness and accuracy
and approve or deny the application within 45 days of receipt unless
the time is extended by written agreement with the applicant. A sign
permit shall become null and void if work authorized under the permit
has not been completed within six months from the date of issuance.
Applications shall be made on forms provided by the Zoning Administrator
and shall contain or have attached thereto at least the following
information:
A.
Name, address and telephone number of the applicant, and location
of building, structure, lot or property to which or upon which the
sign is to be attached or erected.
B.
Name of person, firm, corporation or association erecting the sign.
C.
Written consent of the owner or lessee of the building, structure,
or land to which or upon which the sign is to be affixed or erected.
D.
A scale drawing of such sign indicating the dimensions, the materials
to be used, the type of illumination, if any, and the method of construction
and attachment.
E.
A scale site drawing indicating the location and position of such
sign in relation to nearby buildings, structures, property boundaries,
or signs.
