[Ord. No. 917, 11-2-2010[1]]
(a) 
Scope. The provisions of this division shall apply to all signs as defined herein.
(b) 
Intent. It is the purpose of this division to promote minimum requirements to safeguard public health, safety, property, and welfare, promote the efficient transfer and communication of sign information, and preserve and protect the scenic landscaping quality by regulating and controlling the design, quality of materials, construction, location, and illumination of signs.
[1]
Editor's Note: This ordinance also repealed former Div. 5, which pertained to the same subject matter and derived from Z.O., §§ 8.04.02 — 8.04.04, 8.04.05.01 — 8.04.05.07, 8.04.06, 8.04.08, 8.04.09, as amended.
[Ord. No. 917, 11-2-2010]
This division shall apply to all buildings, premises and residential premises within the City limits.
[Ord. No. 917, 11-2-2010]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where terms are not defined in this division and are defined in the building code, fire code, mechanical code, plumbing code, residential code, or property maintenance code, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized by this division, such terms shall have ordinarily accepted meanings as the context implies.
ATTENTION-ATTRACTING DEVICES
Any item designed or used to promote, advertise, demonstrate, or call attention to any commercial, residential, office, retail or service business or activity.
AWNING
An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached.
BALLOON
Any article filled with gas or inflated with air through the use of fans, blowers or any other air- or gas-injecting mechanism and displayed in such a manner as to attract attention to the premises on which it is located or used for advertising.
BUILDING LINE
The established by law, beyond which a building shall not extend, except as specifically provided by law.
BUILDING OFFICIAL
The officer or other designated authority charged with the administration and enforcement of this division, or duly authorized representative.
CANOPY
An architectural projection, including porticos, that provides weather protection, identity or decoration, and is supported by the building to which it is attached and at the outer end by not less than one stanchion. A canopy is comprised of a rigid structure over which a covering is attached.
CONSTRUCTION DOCUMENTS
Written, graphic and political documents prepared or assembled for describing the design, location, and physical characteristics of the elements of a project necessary for obtaining a permit.
CURB GRADE
The elevation of the top of the curb measured at the curb line at a point perpendicular to a sign.
CURB LINE
The line at the face of the curb most distant from the centerline of the street. In the absence of a curb, the building official shall establish the curb line.
DISPLAY SURFACE
The area made available by the sign structure for the purpose of displaying an advertising message, illustration, or symbol.
FASCIA
A flat horizontal member of a building having the form of a flat band or broad fillet.
FLAG
A piece of fabric or other material of distinctive design that is used as a symbol and is displayed hanging free from, but not limited to, a staff, pole, or halyard to which it is attached by one edge.
(1) 
Governmental. Legitimate City, county, state, national, United Nations, and military flags flown or displayed in their respectively correct manner. These flags are not considered a form of signage and, therefore, are not addressed by this division.
(2) 
Corporate. A flag flown or displayed containing the design or logo of a corporation or company, or of any product and/or service provided by said company. These flags are considered signage and therefore are regulated by this division.
HISTORIC BUILDINGS
Buildings that are listed in or eligible for listing in the National Register of Historic Places, or designated as historic under and appropriate state or local law.
JURISDICTION
The governmental unit that has adopted this division under due legislative authority.
LOT
A portion or parcel of land considered as a unit.
LOT LINE
A line dividing one lot from another, or from a street, or any public place.
MANSARD
A roof having two slopes on all sides with the lower slope steeper than the upper one.
MARQUEE
A permanent roofed structure attached to and supported by the building and that projects into the public right-of-way.
OWNER
Any person, agent, firm, or corporation having a legal or equitable interest in the property.
PERMIT
An official document or certificate issued by the authority having jurisdiction, which authorizes performance of a specified activity.
PERSON
An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PREMISES
A lot, plot, or parcel of land, including any structures thereon.
PRIMARY SYSTEM
That portion of the highways of the state located within the limits of the City, officially designated by the state highway and transportation commission as being the primary highway system as authorized by the constitution and laws of the state.
PROJECTION
The distance by which a sign extends beyond the building line.
REGISTERED DESIGN PROFESSIONAL
An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed.
REPAIR
The reconstruction or renewal of any part of an existing structure for the purpose of maintenance.
SETBACK
The horizontal distance between the curb line and a vertical projection from that portion of the sign nearest the curb line.
SHOPPING CENTER
A concentration of retail stores and service establishments in a suburban area, with generous parking space and planned to serve the community or neighborhood.
SIGN
Any medium which is used or intended to be used to attract attention to any subject matter, including, but not limited to, advertising, instructional, direction, or announcement purposes.
(1) 
ABANDONEDA sign that advertises an activity, business, product, or service no longer conducted.
(2) 
ALTERATIONThe replacement, enlargement, reduction, reshaping, or adding to an existing sign, frame, pole, brackets, or any supporting member.
(3) 
ANIMATEDAny sign which uses movement or change of lighting to depict action or to create a special effect; this includes electronic message centers.
(4) 
AREAThat portion of the smallest rectangle which completely encloses the display surfaces of the sign.
(5) 
BANNERA temporary sign made of fabric or any other nonrigid material with no enclosing framework displayed in connection with public or semipublic promotional or festive occasions. The City Administrator may approve the installation of a banner in accordance with the requirements of this section and subject to such additional requirements and conditions as deems necessary.
(6) 
BILLBOARDAll signs which advertise a product or business not located on the same lot or premises as the sign. Real estate, subdivision and subdivision real estate signs are excluded from this definition.
(7) 
CONSTRUCTIONAny freestanding sign used only during the construction of a new building, reconstruction, or addition to an existing building to identify the project, owner, tenant, agent, architect, engineer, contractor, and financing institution of the project and shall be located on the parcel of land being improved.
(8) 
DIRECTIONALA ground or wall sign displaying traffic, parking, emergency vehicle, height clearance, or similar directional information. A directional sign shall not include any advertising message.
(9) 
FLASHINGA sign that contains a flashing, intermittent, or sequential flashing or blinking light source but does not include time and temperature signs, animated signs, or electronic message center signs.
(10) 
FREESTANDINGAny sign placed upon or fixed in the ground, self-supporting, not attached to any building.
(11) 
GROUNDA freestanding or monument sign placed at or near ground level.
(12) 
INCIDENTALAny sign which provides information or guides or directs pedestrian or vehicular traffic, which may be mounted on the ground, on a building, or in connection with a detached sign.
(13) 
MAINTENANCEThe normal care and minor repair that is necessary to retain a safe, attractive and finished structure, frame, pole, brackets, or surface.
(14) 
MARQUEEAny sign attached to or part of a marquee or permanent sidewalk canopy of a building and not extending above the roofline.
(15) 
OBSOLETESee Abandoned.
(16) 
OFF-PREMISESAny sign identifying, announcing or advertising real estate, products, services, or businesses not located on the same lot or premises as the sign.
(17) 
ON-PREMISESA sign identifying, announcing or advertising real estate, products, services, or businesses located on the same lot or premises as the sign.
(18) 
OPEN HOUSEAny off-premises ground sign announcing an open house for inspection of real estate.
(19) 
PERMANENTAny sign or advertising device designed and erected to be maintained as a permanent structure in accordance with the requirements of this division.
(20) 
POLEA freestanding sign wholly supported by upright poles or posts, mounted in the ground, with at least eight feet of clearance above the curb grade.
(21) 
POLITICALAny sign promoting, supporting, or opposing any candidate, office, issue, or proposition to be voted upon at any public election.
(22) 
REAL ESTATEAny sign advertising the sale, lease, or rental of the premises upon which it is located.
(23) 
REFACINGChanging or replacing the word, numerals, characters, or materials of the sign to serve a different establishment or business or create a different message on the same sign face.
(24) 
ROOFA sign which extends above a roof or parapet wall of a building and which is wholly or partially supported by said roof.
(25) 
STRUCTUREThe supports, uprights, bracing, or framework of any sign structure, be it single faced, double faced, or any framing otherwise supporting a sign.
(26) 
SUBDIVISION DEVELOPMENTAny on-premises real estate sign advertising an entire real estate development during its construction. Signs advertising sale of lots in an undeveloped subdivision may be erected and displayed in the subdivision, provided that not more than one such sign facing on any one street shall be permitted in any subdivision; and provided that each sign shall be removed at the expiration of one year after its erection or when 60% of the lots fronting on the street which such sign faces have been built upon and occupied as residences, whichever occurs first.
(27) 
SUBDIVISION ENTRANCEAny ground sign identifying only the name of an entire residential plat.
(28) 
TEMPORARYAny sign which is not permanently attached to any structure, building, motor vehicle, or the ground, or is portable, intended for a limited display period covering a special event, and is designed and constructed to be movable from one location to another.
(29) 
WALLAny sign attached to, erected against, or painted on the exterior walls, fascia, mansards, or sides of a building or structure.
STRUCTURE
That which is built or constructed.
WALL
A vertical element with a horizontal length to thickness ratio greater than three, used to enclose space. The term parapet means the part of any wall entirely above the roofline.
YARD
An open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this division, on the lot on which a building is situated.
[Ord. No. 917, 11-2-2010; Ord. No. 1185, 4-15-2025]
(a) 
The gross surface area of a sign shall be the sum of all surfaces of the sign faces, except that for double-faced signs only one face shall be used to compute the surface area.
(b) 
Sign height shall be measured from the ground level at the base or below the sign to the highest element of the sign.
(c) 
No illuminated sign shall be located in any residential district. Illuminated signs shall include:
(1) 
Semi-illuminated signs. Any sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light.
(2) 
Indirectly illuminated signs. Any sign which is partially or completely illuminated at the time by an external light source which is so shielded as to not be visible at eye level.
(3) 
Fully illuminated signs. Any sign which is illuminated by an external or internal light source which is visible.
(d) 
No sign shall be attached to a tree. No sign shall be attached to a public utility pole on public or private property, except governmental signs.
(e) 
No sign shall be erected or maintained at any location where, by reason of its position, size, shape or color, it may obstruct or interfere with the view of any traffic or traffic control sign or device, or where it may confuse or obstruct traffic.
(f) 
Replacement of support posts or other structural supports shall constitute removal of the sign, and its replacement shall be in conformance with the provisions of this division.
(g) 
Signs accessory to a principal use with a legally nonconforming front yard setback need not have setbacks in excess of that of the principal structure.
(h) 
Display signs shall not closely resemble or approximate the shape, form and color of official traffic control signs, signals and devices.
(i) 
No display sign or temporary sign shall be so placed as to obstruct or interfere with a required building doorway, other required means of ingress or egress.
[Ord. No. 917, 11-2-2010; Ord. No. 1185, 4-15-2025]
(a) 
Required. Any owner or authorized agent who intends to construct, enlarge, alter, erect, or re-erect any permanent or temporary sign shall first make application to the building official and obtain the required sign permit.
(b) 
Work exempt from permit.
(1) 
Generally. Exemptions from permit requirements of this division shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this division or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
a. 
Political signs which comply with this division.
b. 
Municipal signs, legal notices, trespassing signs, signs to add safety.
c. 
Subdivision development signs.
d. 
Construction signs.
e. 
Residential real estate signs.
f. 
Open house signs not exceeding four square feet.
g. 
Sidewalk signs.
h. 
Tables or plaques constructed of bronze, brass, stone, or other noncombustible materials, when built or attached to the walls of the building.
i. 
Incidental and direction signs not exceeding three square feet.
j. 
One information sign not more than 2 1/2 square feet, on a wall or over a show window or door of a business or business establishment, announcing without display or elaboration, only the name of the proprietor and the nature of his business or business establishment.
k. 
One information sign not exceeding two square feet of display surface, on a residence building stating merely the name and profession or occupation of an occupant for an approved home occupation.
l. 
Temporary signs or banners authorized by the City.
m. 
Notices posted by order of any court or to notices to the public required by law to be posted in public places.
n. 
Painting, cleaning, and general maintenance of existing signs.
o. 
Changing of the advertising copy of an existing sign.
(2) 
Repairs. Application or notice to the building official is not required for ordinary repairs to the sign structure, face, or replacement of lamps. Repairs shall not include modifications to the structure, alterations, replacement or relocation of any sign, or other work affecting public health or general safety. No display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this division. The repainting of signs shall not be deemed to be an alteration within the meaning of this division.
(c) 
Application for permit.
(1) 
To obtain a permit, the applicant shall first file an application on a form furnished by the City. Such application shall:
a. 
Identify and describe the work to be covered by the permit for which application is made.
b. 
Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed sign or work.
c. 
Indicate the use for which the proposed work is intended.
d. 
Be accompanied by construction documents and other information as required.
e. 
State the valuation of the proposed work.
f. 
Be signed by the applicant or the applicant's authorized agent.
g. 
Give such other data and information as required by the building official.
(2) 
Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within ten (10) business days after filing. If the application does not conform to the requirements of the Code and pertinent laws, the building official shall reject such application in writing stating the reason therefore. If the building official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable.
(3) 
Time limitation of application. An application for permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(d) 
Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this division or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this division or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the corrections of errors in the construction documents and other data. The building official is also authorized to prevent the use of a sign where it is in violation of this division or any other ordinances of this jurisdiction.
(e) 
Expiration. Every permit issued shall be come invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(f) 
Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this division wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation, or any of the provisions of this division.
[Ord. No. 917, 11-2-2010]
Nothing in this division shall require the removal or discontinuance of a legally existing display sign that is not altered, rebuilt, enlarged, extended, or relocated and the same shall be deemed a nonconforming use under the terms of this division.
[Ord. No. 917, 11-2-2010; Ord. No. 1185, 4-15-2025]
Display signs, fastened to, suspended from or supported by a building or structure so as to project there from at an angle, shall not extend to more than two feet from the inner curb line; provided, that display signs not exceeding 15 inches high, supported directly on marquees may extend to the permissible outer limits of such marquees. A clear space of not less than 10 feet shall be provided below all parts of such signs except when such signs are hanging from permitted marquees and building projections in the general business district which are in compliance with the general business district plan and providing that such signs do not exceed 15 inches from the bottom of such marquees or projections. Projecting sizes shall not exceed one square foot in area for each two feet of building frontage.
[Ord. No. 917, 11-2-2010]
(a) 
Privately-owned, freestanding, moveable display signs shall be permitted on public sidewalks adjacent to buildings with zero-foot setbacks within the commercial zoning districts without a sign permit, when in compliance with the following:
(1) 
The sign face and frame shall be no more than three feet wide or more than four feet high.
(2) 
Signs may be placed on public sidewalks, provided that a minimum unobstructed walkway of four feet in width shall be preserved for pedestrian use.
(3) 
Only two moveable signs shall be displayed on any business frontage abutting a public street.
(4) 
Signs may only be displayed during business hours of the subject business and shall be removed at other times.
(5) 
Signs shall not be illuminated.
(6) 
No sign shall obstruct the vision or mobility of pedestrians or motorists on adjacent streets, and shall be subject to removal by the City.
(7) 
The owner of any private sign displayed on a public sidewalk shall indemnify the City from any liability resulting from the location of a sign on the sidewalk.
[Ord. No. 917, 11-2-2010; Ord. No. 1185, 4-15-2025]
Display signs shall not exceed 15 feet in height above the ground on which they rest, except that along the highway, freestanding identification pole signs for gasoline service stations, parking lots and other commercial uses may have a height of not to exceed sixty (60) feet. Such signs shall be located back of the street line and building line a distance equal to not less than the height of the sign above the ground. Such signs when more than 13 feet high shall be constructed of incombustible materials.
[Ord. No. 917, 11-2-2010]
Display signs that are placed above or supported on the top of a building or structure shall be constructed of incombustible materials; provided, that moldings and capping may be of wood. Such signs shall be set back at least eight feet from the building line and shall be not more than 25 feet high above that part of the roof on which they rest.
[Ord. No. 917, 11-2-2010]
Display signs placed against the exterior walls of buildings shall not extend more than six inches outside of the wall surface. Such signs shall not exceed 60 square feet in area, unless made of incombustible materials. Such signs shall not extend beyond the top or ends of the wall surface on which they are placed.
[Ord. No. 917, 11-2-2010]
No display sign, except those exempted in Section 26-267, shall be permitted which faces the front or side of an R district lot line, or which faces and is visible from any public parkway, public square or entrance to any public park, public or parochial school, library, church or similar institutions, within 300 feet thereof.
[Ord. No. 917, 11-2-2010]
No display signs, except those exempted in Section 26-267, and church, institutional or directional signs shall be permitted in any R district. Temporary trailer-mounted signs shall not be permitted in any R district.
[Ord. No. 917, 11-2-2010]
(a) 
Generally. Any bona fide church, religious sect or congregation, public or semipublic institutional use, such as a government building, hospital, school, etc., may erect three directional signs in the City subject to the specifications in this section.
(b) 
Support and location. Such signs shall be mounted on a street post imbedded in concrete between the sidewalk and the curb, so that the bottom of the sign shall be at least six feet from the ground. There shall be not more than one church sign located on the corner of any street intersection.
(c) 
Design. All signs shall be of uniform design, size and construction as approved by the City.
(d) 
Permission of property owner. Permission from the owner of the property in front of which such sign is sought to be erected is required. Such permission shall be filed with the zoning inspector who will issue the required permit upon determination that all requirements have been completed.
(e) 
Announcement signs, bulletin boards. Any bona fide church, religious sect or congregation, community center or similar semipublic or institutional use may erect on their property or building and maintain for their own use a bulletin board or announcement sign not over 16 square feet in area. If not attached flat against a building, said sign shall be at least 12 feet from all street lines.
[Ord. No. 917, 11-2-2010; Ord. No. 959, 11-6-2012]
(a) 
Generally. Political signs may be erected and maintained in the City in accordance with the provisions contained in this chapter. Location of signs shall not be placed in any public street, alley or right-of-way, or any City-owned property or fixed to any City-owned pole, building or other facility. Signs shall be set back at least 12 feet from all streets and shall not be placed in any location which may block a driver's view of traffic, create a safety hazard or obstruct or hinder the operation of public utilities.
(b) 
Political signs at fairgrounds. Political signs are permitted to be placed in the area occupied by the arena upon approval of the person/organization in control of the arena and that the signs shall conform to the regulations for commercial and industrial zones. Political signs shall not be permitted in any other areas of the fairgrounds.
(c) 
Political signs within residential zones. Political signs located in an area zoned for residential use shall not exceed 26 inches by 26 inches on each side and shall not exceed four feet in height above the ground.
(d) 
Political signs within commercial and industrial zones. Political signs located in an area zoned for commercial or industrial use shall not exceed 60 square feet in total on each side and shall not have any side greater than 12 linear feet. In commercial and industrial zoned areas, the exposed political sign face shall not exceed an aggregate gross surface area of 600 square feet per lot. Ground signs including mobile trailer mounted signs shall not exceed 15 feet in height measured from the ground surface to the top of the sign.
(e) 
Responsibility for removal. The owner or occupier of the property upon which any political sign is erected, placed, or located shall be responsible for the removal of such sign within the time required by this chapter.
(f) 
Legislative purpose and intent. The City Council makes the following findings of legislative purposes and intent:
(1) 
That the expression of political speech is an important and constitutionally protected right.
(2) 
That, under certain circumstances, it may be necessary to restrict or regulate the time, place and manner of the expression of such speech in order to advance and protect other significant legitimate interests of local government.
(3) 
That political signs have certain characteristics that distinguish them from many of the other types of signs permitted and regulated by the City. These characteristics include the fact that many of such signs, intended to be temporary in nature, do not meet the regular structural and installation requirements necessary to prevent them from being affected by weather and other natural forces and presenting a potential hazard to persons and property. Severe weather conditions, including, without limitation, thunderstorms with accompanying high winds, tornados, ice accumulation and flooding, are characteristic of local weather conditions. With respect to the temporary nature of such signs, the durational and illumination regulations provide a channel of communication on an election candidate or issue balancing the aesthetic and public health and safety concerns surrounding temporary structures.
(4) 
That the primary purpose of political signs placed along a roadway is to attract the attention of drivers and distract them from their primary responsibility of constant attention to traffic and road conditions. This concern is especially acute in residential areas where young children present a significant potential hazard for drivers. With respect to residential areas, with their lower speed limits, it is concluded that political signs not exceeding 26 inches by 26 inches on each side. Although it is recognized that certain individuals may wish to express political thoughts that require a larger area to adequately convey them, a greater number of or larger and more complex messages would further distract drivers' attention, presenting an unacceptable safety risk, and there exists in the community adequate other means for conveying such message. In nonresidential areas, motorists frequently see and reasonably expect to see larger signs, so their attention is not as easily distracted, and higher speed limits, larger lot areas, and a larger size sign can be allowed consistent with safety requirements. Further, since permitted signage in residential areas is minimal, the aesthetic impact of signs in residential areas is much greater than in nonresidential areas.
(5) 
That in addition to the safety and traffic interests affected by political signs, the City Council concludes that the unrestricted proliferation of political signs would create visual clutter, have an adverse effect on the aesthetic quality of the City, with accompanying adverse economic effects, and detract from the desirable visual environment that the City has made a strong effort to create through its land use regulations.
(6) 
That the City Council concludes that the interests to be protected by this regulation are sufficiently substantial to justify the content-neutral regulation of political speech represented by this section, and that this section represents a reasonable accommodation of the City's interest with First Amendment Rights.
[Ord. No. 917, 11-2-2010]
The owner or person in control of a sidewalk or other display sign, or a sign suspended over a street or extending into a street more than one foot beyond the building line, whether permanent or temporary, shall provide a certificate of insurance in the amount of $500,000 and the City of Butler named as additional insured on the policy and this has been provided to the City and will require permit fees paid.