(a) 
Regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services, and facilities in the corporate limits of the town, to encourage the general attractiveness of the community, and to protect property values therein.
(b) 
Accordingly, it is the intention of this article to establish regulations governing the display of signs and in part to achieve the following:
(1) 
Safety.
To promote the safety of persons and property by providing that signs:
(A) 
Promote and protect the public health, safety, comfort, morals, and convenience;
(B) 
Do not obstruct firefighting, emergency vehicle access, police surveillance, or other governmental functions; and
(C) 
Do not overload the public’s capacity to receive information or increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.
(2) 
Communications efficiency.
To enhance the economy and the business of the town by promoting the reasonable, orderly, and effective display of signs, and thereby encourage increased communication with the public so that:
(A) 
Businesses and services may identify themselves.
(B) 
Customers and other persons may locate a business or service.
(C) 
Signs are compatible with their surroundings, are appropriate to the type of activity to which they pertain, and are expressive of the identity of proprietors and other persons displaying signs.
(D) 
Persons exposed to signs are not overwhelmed by the number of messages presented.
(3) 
Environmental quality and preservation.
To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
(A) 
Do not interfere with scenic views, and protect and preserve the unique and natural beauty of the town;
(B) 
Do not create a nuisance to persons using the public rights-of-way;
(C) 
Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement; and
(D) 
Are not detrimental to land or property values.
(E) 
Limit light pollution and preserve dark skies in accordance with town ordinances regulating outdoor lighting.
(Ordinance 2006-017, sec. 152.01, adopted 8/1/06)
(a) 
For the purposes of understanding, administration and enforcement of this article, the following words and terms relating to all signs within the town are defined:
Awning.
An architectural projection which provides weather protection, identity and decoration and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeletal structure over which a cover of lightweight metal, fabric or other similar material is attached.
Banner.
A temporary sign made of cloth, canvas or other similar material, usually an elongated rectangle in shape, which may be used for decorative purposes or to provide information but is not permanently affixed to a building, structure or the ground.
Building official.
The chief town building official or official designee.
Bunting.
A fabric or similar material fashioned into decorative, flag-like design(s) typically used for celebrative occasions as adornments to buildings, walls, fences and other structures. Bunting is defined as a temporary sign when displayed for advertising or other public attention-getting purposes.
Canopy.
A lightweight architectural structure or projection made of canvas or other material which provides weather protection, identity and decoration and is supported either by a building to which it is attached or to a framework attached and set to the ground.
Change panel.
A portion of a sign face that may be readily removed, altered, substituted or otherwise changed to reflect updated or frequently varying information which is shown as part of the sign copy.
Code enforcement officer.
The town official duly registered with the state with authority to enforce various municipal and state codes.
Commercial planned development district (CPDD).
A planned development area within the western section of the town which emphasizes commercial development and supporting higher density residential development according to specific guidelines and standards for architecture, streetscape and site planning.
Copy.
That portion of a sign which conveys a specific identity or message to the viewer of the sign. Copy on a sign includes only letters, numerals, figures, emblems, logos, trademarks and pictures. Copy does not include stripes, patterns, outlines or other related devices used to enhance the sign, sign background or message of the sign.
Dilapidated or deteriorated condition.
Describes any sign where:
(1) 
Elements of the surface or background have portions of the finished material missing, broken, defaced or otherwise existing in a condition not consistent with the original design other than normal wear.
(2) 
A panel is visibly cracked or, in the case of wood or similar products, splintered in such a way as to constitute an unsightly or harmful condition.
(3) 
A structural support or frame member is visibly bent, broken, dented or torn.
(4) 
The sign, or its elements, are twisted or leaning or at an angle other than the angle at which it was originally erected.
(5) 
The colors of the sign or sign copy are faded to an extent which creates an unsightly appearance.
(6) 
The communication message or wording can no longer be clearly and easily read.
(7) 
The sign or its elements are not in compliance with the current electrical code or building code of the town.
Display height, facade.
The vertical distance on a building facade where a primary facade-mounted identification sign may be displayed. The vertical distance is measured by the applicable unbroken (by intervening horizontal architectural elements) vertical plane of the facade between either:
(1) 
The roof line and nearest building opening (door, window, etc.) below it;
(2) 
The roof line and the ground (when no intervening opening exists);
(3) 
A cornice or similar detail at the roof line and the nearest opening (door, window, etc.) or horizontal architectural detail below it;
(4) 
A cornice or similar detail at the top of a parapet facade and the nearest opening (door, window, etc.) or horizontal architectural detail below it; or
(5) 
The bottom of a building opening (door, window, etc.) and the top of a building opening (door, window, etc.) below it.
Facade.
The exterior walls of a building exposed to public view, especially referring to the principal faces of the building through which there may be public entries. Facade also means the exterior vertical face areas (non-roof) visible to public view of specialized elevated building forms such as canopies, porte-cocheres, and porticoes.
Face.
The surface of a sign upon or through which a message or illustration is displayed.
Flag.
A piece of fabric or similar synthetic material, usually rectangular in shape, containing a distinctive design or message.
Garage sale.
The sale of personal or household goods in a residential area or on the property of a nonprofit organization. Also called a “yard sale.”
Grand opening.
An event or time period acknowledgement of the opening of a new business or other organizational entity; the opening of a business or other organization at a different location; the major expansion of a business or other organization; or the reopening of a business or other organization after a period of either being closed or substantially reduced in operational access for causes such as rebuilding, remodeling or restricted property access.
Illuminated sign.
Any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means used to draw attention to, to light up, or to provide viewing of the sign and its contents during periods of darkness. Illuminated signs include both:
(1) 
Externally illuminated sign.
Any sign which is illuminated from a light source which is not included within the sign face or the sign structure.
(2) 
Internally illuminated sign.
Any sign which is illuminated from a light source within the sign face or within the sign structure.
Logo.
Any design or insignia of a company or product which is commonly used in advertising to identify that company or product.
Multitenant commercial development.
A building or group of buildings, such as but not limited to shopping centers and office centers, constructed and managed as a total entity where multiple commercial tenants occupy floor space which has been divided into separate areas for respective individual occupant use.
North Fairview planned development district (NFPDD).
A planned development zoning area within the northeastern part of the town which emphasizes environmental preservation and development of permitted uses according to specific guidelines and standards for architecture, streetscape and site planning.
Parapet.
The extension of the main walls of a building above the roof level.
Pennant.
Any lightweight plastic, fabric or other similar material, usually triangular in shape, designed to be suspended from lines, poles or other mounting devices and used for decorative, attention-getting or advertising purposes.
Premises.
Any parcel of real property together with all buildings and structures thereon.
Public works director.
The director of the department of public works for the town or designee.
Searchlight.
An electrical light capable of generating and projecting a concentrated beam or beams of light into the sky which are visible in periods of darkness from distances away from the source of the light.
Sign.
Any device and its supporting structure designed to visually attract viewer attention or to convey either commercial or noncommercial messages to the public, but not including any lawful display of merchandise. The term “sign” means and shall include any name, letter, number, identification, description, announcement, declaration, message, picture, emblem, logo, trademark, flag, banner, vehicle, inflatable device, pennant, or enhancing decorative pattern and the supporting structure of any of these devices which is placed upon or affixed to any building or outdoor structure, erected or otherwise placed upon a parcel of land, which directs attention to any object, product, service, place, activity, person, institution, organization or business. Sign types include:
(1) 
Sign, advertising (or promotional).
Any sign used to draw attention to or promote the sale, lease, rental or use of specific products, services or the business establishments providing such products or services. Advertising and promotional signs include, but are not limited to, information about prices, availability, products, sources, brands, identifying logos, organizations and specific periods of time or events (e.g., sales, holidays, store openings, store closings, etc.) which are intended to encourage commercial activity. Advertising or promotional signs may be categorized as either temporary or permanent signs depending upon construction and period of display.
(2) 
Sign, agricultural.
Any sign identifying the farm or ranch where the sign is placed and advertising produce, crops, animals or poultry raised or quartered thereon.
(3) 
Sign, apartment.
Any sign identifying a multifamily dwelling, including but not limited to apartment buildings, apartment complexes and on-premises apartment offices.
(4) 
Sign, awning.
Any awning containing signage used to identify a business, profession, service, product, or activity offered on the premises of the sign location.
(5) 
Sign, billboard.
Any pole sign, as that term is defined in this article, having a face surface area exceeding one hundred (100) square feet which advertises products, services or entities located either on-premises or off-premises and where the sign surface area is available for lease, rent or hire.
(6) 
Sign, cabinet (box).
A sign constructed in a manner so that the sign face is surrounded by vertical and horizontal structural members which create an enclosed space of unspecified depth behind the sign face where lighting may be installed. A cabinet sign may have either a single sign face or two sign faces with an enclosed space between the two faces.
(7) 
Sign, canopy.
Any awning containing signage used to identify a business, profession, service, product, or activity offered on the premises of the sign location.
(8) 
Sign, commercial.
A sign installed in connection with nonresidential use by a commercial business establishment or by other nonresidential organizations such as churches, schools, clubs, nonprofit groups or government entities.
(9) 
Sign, contractor/construction/development.
Any on-site temporary sign identifying the project name or any of the parties involved in the development, design, financing, engineering, construction, landscaping or other improvement of the site on which the sign is located.
(10) 
Sign, directional.
Any on-site sign designed to direct the public to entrances, exits and services relating to the property.
(11) 
Sign, directory.
Any sign listing occupants within shopping centers, office buildings and other commercial developments with multiple occupants or tenants.
(12) 
Sign, door.
Any sign affixed to or displayed from either the interior or exterior surface of a door used for the purposes of advertising products, sales or services or for the purpose of providing information about the establishment occupying the premises.
(13) 
Sign, exterior.
Any sign erected or placed outside the confined interior floor space of a building.
(14) 
Sign, freestanding.
An on-site sign not attached to any building which is supported by uprights, braces, pedestals, bases or other means capable of maintaining the sign in its designed position while withstanding the stresses of weight and wind loads.
(15) 
Sign, garage sale.
A temporary sign advertising the sale of personal or household goods in a residential area or on the property of a nonprofit organization.
(16) 
Sign, historic.
A sign that is forty (40) years old or older, is of itself of historic significance or contributes to the historic fabric of the town or area.
(17) 
Sign, inflatable.
Any sign expanded, enlarged or supported by the use of air or gas.
(18) 
Sign, institutional.
Any sign used to identify schools, churches, hospitals, child care facilities and similar public or quasi-public institutions.
(19) 
Sign, menu board.
Any on-site sign displaying a list of items offered for sale on the premises. Typically used at restaurants and drive-through restaurants.
(20) 
Sign, monument.
A sign mounted to a solid ground-level base constructed of masonry materials or to a base where vertical supports are fully enclosed by materials which provide no clear or open space for the full width of the sign structure between the bottom of the sign face and the surface of the ground.
(21) 
Sign, mural.
Pictures which may or may not be used for advertising purposes which are painted on or attached to the surfaces of building walls.
(22) 
Sign, obsolete.
Any sign which no longer serves a bona fide use or purpose.
(23) 
Sign, permanent.
Any sign installed or erected with the intent of use beyond a temporary period.
(24) 
Sign, pole.
Any permanent sign which is erected on a vertical framework consisting of one or more uprights supported by the ground.
(25) 
Sign, political.
Any sign relating to a political issue, to a particular candidate for elected office or to a political party.
(26) 
Sign, portable.
Any sign that is not permanently attached to or affixed to the ground, to a building or to some other permanent fixed structure or object. This term specifically includes advertising displays affixed to or installed on a vehicle or other mobile unit such as a trailer, wheel or skid.
(27) 
Sign, promotional.
See “sign, advertising.”
(28) 
Sign, reader board.
Any sign comprised of changeable letters or numerals which allow for a frequent change of sign copy. Reader board signs include two types:
(A) 
Electronic.
Uses electronically displayed numbers, letters and symbols (such as LCDs) controlled by remote or other automated means.
(B) 
Manual.
Uses letters, numbers and symbols which can be readily changed by the physical substitution, addition, removal or rearrangement of such copy.
(29) 
Sign, real estate.
Any on-site temporary sign pertaining to the sale or rental of property.
(30) 
Sign, roof.
Any sign erected upon or above a roof of a building.
(31) 
Sign, temporary.
Any sign used to display information related to a use, event or condition of limited duration of 30 days or less unless specifically designated (e.g., real estate) for a longer but definite limited period as defined elsewhere by this article related to a specific sign usage.
(32) 
Sign, wall.
Any sign attached to or painted onto an exterior wall of a building or structure. A wall sign includes any painting or other appurtenances added to the wall or sign which have the purpose of drawing attention to the sign face.
(33) 
Sign, window.
Any sign affixed to or displayed from either the interior or exterior surface of a window used for the purposes of advertising products, sales or services or for the purpose of providing information about the establishment occupying the premises.
(34) 
Sign, yard sale.
A temporary sign advertising the sale of personal or household goods in a residential area or on the property of a nonprofit organization.
Sign regulations.
Regulations are the specific governing requirements for the design, construction, location, illumination and use of signs. These requirements are stated in various sections of this article.
Sign surface area.
The actual measured geometric area of the face of a sign. Where two or more signs share space on a single structure, each sign may be measured separately for calculating the surface area; however, the combined area of such signs shall not exceed the total surface area allowed for the sign structure.
Single-family residential zones.
Those zones where single-family homes may be constructed on individual lots. These zones include RE-1, RE-1.5, RE-2, RE-3, PC, PD, CPDD zones G, I and L, Heritage Ranch Planned Development, and any other zones established by the town council for the construction of single-family homes on individual lots.
(b) 
The commercial planned development district (CPDD) and North Fairview planned development district (NFPDD) also allow other sign types unique to the CPDD zones within this defined area of the town. Definitions for specific signs in the CPDD and NFPDD are set forth in section 3.13.041 of this article.
(Ordinance 2006-017, sec. 152.02(B), (C), adopted 8/1/06)
(a) 
Whenever in this article or any ordinance of the town an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in this article or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of such provision of this article or any such ordinance shall be punished by a fine not exceeding $500; provided, however, that a final penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, may not exceed $2,000.
(b) 
Notwithstanding the above provisions, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
(c) 
Each day a violation of this article or of any ordinance continues shall constitute a separate offense.
(Ordinance 2006-017, sec. 152.99, adopted 8/1/06)
(a) 
Authorization to hear appeals and grant or deny variances.
There is hereby created a sign board of appeals which shall have the following power and authority:
(1) 
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the code enforcement officer or building official in the enforcement of this article;
(2) 
In appropriate cases and subject to appropriate conditions as set forth below, to grant variances from the size, spacing, height, setback, location and other requirements set forth in this article;
(3) 
To authorize the alteration or reconstruction of a nonconforming sign provided such reconstruction does not, in the judgment of the board, increase the degree of nonconformity of the sign and that the long-term goal of bringing signs into conformance is achieved; and
(4) 
To permit the use of potential sign exceptions (e.g., use of logos or variations in size as referenced in section 3.13.131(8)) where authorized by this article, and where the board determines after a public hearing that the sign will not have a significant adverse impact on traffic or pedestrian safety, or on the use or enjoyment of adjacent properties.
(b) 
Basis and rules for appeals.
In order to grant a variance, the board must find that:
(1) 
The requested variance does not eliminate any requirement of this article and does not allow any prohibited signs.
(2) 
The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. The hardship is peculiar to the property of the applicant and not due to the general conditions of surrounding properties. (Note: A hardship is intended to include a change in elevation, a curve in a roadway or other substantial physical element which obstructs sign visibility.)
(3) 
Economic gain or loss is not the sole basis for finding a hardship or granting a variance.
(4) 
A variance would not create an unnecessary hardship upon another parcel of land or business entity occupying such land.
(c) 
Applicability of variance.
A variance applies only to the particular sign for which it was granted. Any subsequent change to that sign terminates the variance. Any change or alteration of a sign requires a new permit without consideration of any prior variance or prior ordinance.
(d) 
Application.
A property owner or authorized agent may initiate a request for an appeal or a variance by filing an application in writing with the building official using forms prescribed for that purpose. The application for an appeal must be received within ten (10) days after placement of a letter in U.S. mail addressed to the address on the application or to the address of the current owner of record in the county tax records which contains the written decision rendered by the town that is being appealed. The application for a variance shall be accompanied by a site plan, drawn to scale, showing the dimensions and an illustration of the sign or proposed sign. The board may require other drawings, pictures, copies of the permit application or other information necessary to an understanding of the sign, the property site and the relationship to surrounding properties. The applicant shall pay a fee as established by the town at the time the application is filed. The board shall hear and determine the appeal or application for a variance as soon as practicable after receipt of an application.
(e) 
Designation of appeals board.
The zoning board of adjustment for the town is hereby designated to serve as the sign board of appeals.
(Ordinance 2006-017, sec. 152.14, adopted 8/1/06)
The town has established a lighting ordinance designed to protect night skies from unnecessary glare and light pollution. Because signs can create various levels of nighttime lighting brightness, refer to article 3.14 (outdoor lighting) for additional information and limitations on sign lighting.
(Ordinance 2006-017, sec. 152.02(D), adopted 8/1/06)
(a) 
No billboard or off-premises sign (unless specifically permitted by other sections of this article) shall be built or erected by any person, group, business establishment, organization, unincorporated association or corporation within the town or its extraterritorial jurisdiction. Neither the town nor any town official shall issue a permit for the construction of new off-premises signs or billboards within the town.
(b) 
The following signs are prohibited within the town:
(1) 
Pole signs;
(2) 
Inflatable signs;
(3) 
Searchlights;
(4) 
Signs with visible neon elements (except for authorized interior signs);
(5) 
Advertising signs held or carried by individuals or animals on or near publicly accessible roads, sidewalks, trails, or rail lines;
(6) 
Signs painted on or otherwise attached to natural features such as shrubs, trees or rocks;
(7) 
Signs painted on or otherwise attached to utility poles, bridge abutments or constructed elements which are within or part of a public right-of-way;
(8) 
Portable signs. (This provision does not restrict identification signs on vehicles or other signs attached to vehicles which are legally licensed and operated upon public streets. However, these vehicles shall not be parked where the intent is to use the vehicle as advertising.)
(9) 
Internally illuminated cabinet signs except where specifically permitted in commercial planned development district zones.
(c) 
Signs not specifically permitted by the various sections of this article are prohibited within the town.
(d) 
An exception to these prohibitions is allowed in the case of temporary signs otherwise permitted in other sections of this article and as follows: Any billboard already existing at the time of the enactment of this article will be subject to a renewal permit issued by the town secretary for the duration of one year.
(e) 
Nonconforming signs located within the town limits shall be governed by the following rules:
(1) 
Grandfather clause.
If, at the time of passage of this article, a sign does not conform to the provisions of this article, said sign may be continued and maintained in reasonable repair subject to other applicable regulations set forth in subsequent subsections of this section pertaining to nonconforming signs. Grandfathered status, however, shall not prevent the town from taking action to correct or remove a grandfathered sign when the sign causes a clear and immediate threat to the public safety or welfare of the community.
(2) 
Replacement or moving of nonconforming sign.
All signs that are lawfully in existence on the date of adoption of this article may exist in their present form, but no such signs shall be replaced or moved unless a permit is issued pursuant to the provisions of section 3.13.009 of this article. Any legal nonconforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit shall be required, pursuant to section 3.13.009, to erect a new sign.
(3) 
Destruction of nonconforming sign.
If a nonconforming sign is destroyed by any cause to the extent of more than sixty (60) percent of it value, then, and without further action by the town council, the sign shall be subject to all applicable regulations of this article. For the purpose of this article, the value of any sign shall be the estimated cost to replace the sign in-kind, as determined by the town code enforcement official.
(4) 
Unsafe billboards.
Any existing nonconforming billboard standing at the time of the enactment of this article shall be brought into conformance (shall cease to exist) when said billboard becomes structurally unsafe.
(5) 
Additional requirements.
Notwithstanding the “grandfather” provision of this section, all existing nonconforming signs located on any land parcel at the time of the enactment of this article shall be brought into conformance when:
(A) 
There is a change in ownership of the property;
(B) 
There is a change in the use of the land parcel;
(C) 
There is a change in the sign’s nature or intent;
(D) 
There is any alteration of the sign.
(Ordinance 2006-017, sec. 152.03, adopted 8/1/06; Ordinance 2007-3-6C, sec. 1.A, adopted 3/6/07)
The following regulations apply to all signs not exempted by this article:
(1) 
All signs must be well maintained so that they are structurally safe and do not cause litter to the surrounding area or appear to be in a dilapidated condition. Signs must not endanger traffic by obstructing the view of any street, road, highway or intersection.
(2) 
No sign shall project over any right-of-way except as permitted in the case of federal, state, and town directional and/or regulatory signs.
(3) 
No flashing or animated light signs are permitted.
(4) 
No sign may be painted on, mounted on or otherwise attached to the roof of a building.
(5) 
Obscene signs in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value, are prohibited.
(6) 
Signs which imitate an official traffic sign or signal or which contain the words “stop,” “go slow,” “caution,” “danger,” “warning,” or similar words are not permitted except on private property where they will not be confused with any official traffic sign or signal.
(7) 
No person shall attach or maintain any sign upon any tree, public utility pole or public building unless specifically permitted by this article.
(8) 
No person shall paint a sign or attach a sign, other than a nameplate, to the outside of a fence or railing.
(9) 
Each sign shall be constructed of durable material and shall be maintained in a high state of repair at all times.
(A) 
Any sign, banner, flag, or pennant which becomes dilapidated, deteriorated or otherwise in a state of disrepair shall be removed by the permit applicant, sign owner or property owner if not refurbished, repaired, or removed within ten (10) calendar days after official written notice by the town code enforcement officer.
(B) 
Upon failure to comply with such notice, the public works director is authorized to enter the property upon which such sign is located and cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected, and the owner of such sign and the holder of the sign permit, are jointly and severally liable for any expense incident to removal, including reasonable administrative costs.
(10) 
Political signs may be erected on any private property with the consent of the property owner. No sign permit is required provided that such signs comply with the following:
(A) 
They are not greater than eight (8) feet high;
(B) 
They do not have a sign face area greater than 36 square feet; and
(C) 
They are not illuminated and have no moving elements.
(11) 
For the purpose of applicability of zoning classifications, setbacks, and the like under article 14.02 of this code, all signs located outside of a principal structure shall be considered structures unless such signs are placed flat against such principal structure, subject to all requirements in this chapter applicable to structures.
(12) 
Wherever used in this section or elsewhere in this article, the term “installed,” “erected” or “constructed” shall also mean “reinstalled,” “reerected” or “reconstructed” except with respect to periodic and normal maintenance, including repainting or other refurbishing, and shall also mean “built” or “rebuilt,” all as may be appropriate to the context or conditions thereof.
(13) 
After enactment of this article, no sign shall be erected, placed or modified except in conformance with this article.
(14) 
All signs must also conform with specific sign requirements for the applicable zones as set forth respectively in sections 3.13.010, 3.13.011, 3.13.012, and 3.13.013 and division 2 of this article.
(15) 
The following signs are exempt from the requirements of this article: signs required or authorized by law or by federal, state, county, or town authority; official legal notices issued by any court, public body or person in performance of legal public duty; and historical sign plaques.
(16) 
Notwithstanding anything contained herein to the contrary, any sign authorized in this article may contain a noncommercial message in lieu of a commercial message.
(Ordinance 2006-017, sec. 152.04, adopted 8/1/06)
(a) 
Required.
Sign permits are required for all exterior signs placed within the town limits unless specifically exempted by other subsections within this section. Permit applications (when required) must be submitted, the permit application fees (where applicable) must be paid and the application must be approved prior to placing any sign at its intended location.
(b) 
Signs exempt from permit and fee.
The following signs are exempt from sign permit and sign fee requirements; however, such signs shall comply with all applicable requirements of this article. (Failure to comply with applicable ordinances will result in the removal of noncompliant signs by designated town officials.)
(1) 
Temporary signs not exceeding six square feet in surface area which advertise the sale, rental or lease of the premises on which such signs are located.
(2) 
Signs (temporary or permanent) located inside a building.
(3) 
Political signs located on private property.
(4) 
Yard and garage sale signs.
(5) 
Temporary contractor/developer signs not exceeding sixteen (16) square feet in surface area when located on the premises of the property tract under development.
(6) 
Temporary contractor/construction signs not exceeding sixteen (16) square feet in surface area which provide information about construction entrances or permitted construction working hours for a project in the process of development.
(7) 
Any temporary banner or sign announcing a community, civic, charitable or organizational event which is located on the premises of the sponsoring organization or event site.
(8) 
All municipal signs.
(c) 
Signs exempt from fee.
The following signs require issuance of a valid sign permit but are exempt from the payment of any associated sign permit fees:
(1) 
Any temporary banner or sign announcing a community, civic, charitable or organizational event which is located off the premises of the sponsoring organization.
(d) 
Procedures.
An applicant shall submit for approval a sign permit application, which shall be reviewed by the public works director or designee for compliance with the requirements of this article. Subject to meeting applicable sign requirements, the applicant will be granted a permit by the public works director or designee after review of the application, with:
(1) 
The payment (if required) of a filing fee for both permanent and temporary signs in an amount set, from time to time, by resolution of the town council;
(2) 
The submittal of the following information about the proposed sign(s):
(A) 
Three copies of a plan (drawn to scale) shall be submitted on standard white or graph paper, 8-1/2" x 11" or larger, to show an illustration of the sign and sign copy. The plan information shall include the sign’s proposed dimensions, including the height, width and distance from the ground at the base of the sign to the top of the sign.
(B) 
Type of lighting to be used, and placement of lights, and area which will be illuminated.
(C) 
Location of sign(s), boundaries of the parcel of land involved, and locations of and accesses to buildings.
(D) 
Names of property owner(s), address, telephone number, and the date of application.
(3) 
The application for a permit for the erection of a sign in which electrical wiring and connections are to be used shall be approved by the building official.
(4) 
Every applicant for a permit under this article for permanent exterior attached or detached signs erected shall carry a liability insurance policy (minimum $100,000) which covers the subject sign, the installer and the sign installation. The policy must be carried by an approved and Best A-rated insurance company authorized to do business in the state. A bond carried by an approved and Best A-rated carrier covering the subject sign will also be acceptable. Proof of liability coverage shall be submitted by means of certificate.
(5) 
The building official may suspend or revoke any permit issued under the provisions of this article whenever he/she shall determine that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this article, any other ordinance of this town, or any laws of this state or of the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located. Any signs installed under a revoked permit shall be removed by the permit holder, sign owner, or property owner within thirty (30) days of written notice of the revocation.
(Ordinance 2006-017, sec. 152.05, adopted 8/1/06; Ordinance 2007-3-6C, sec. 1.B, adopted 3/6/07)
Any signage requiring a conditional or special use permit shall be governed by those conditional or special use regulations that apply to the basic zoning classification under which the conditional or special use permit is granted.
(Ordinance 2006-017, sec. 152.07, adopted 8/1/06)
(a) 
Permitted signs generally.
In single-family residential, AG, FH and MH zones, there shall be allowed on any one lot or parcel of land under a single ownership not more than one sign, temporary in nature, the size of which shall not exceed six (6) square feet in area, nor exceed five (5) feet in height inclusive of mounting; such sign to be erected or placed not closer to any side or rear lot line than permitted under the regulations for the appropriate zone under article 14.02, nor less than ten (10) feet from any front (street-side) lot line.
(b) 
Public signs.
Within single-family residential, AG, FH and MH zones, the following signs are permitted without reference to the owner(s) and/or occupant(s) of any lot or parcel of land:
(1) 
Federal, state and town directional and/or regulatory signs;
(2) 
Historic signs.
(c) 
Real estate signs.
One (1) temporary real estate or contractor sign (not to exceed six sq. ft. in size) is allowed in single-family residential, AG, FH and MH zones, provided that such sign is placed at the location of the property concerned. The foregoing notwithstanding, if the property offered for rental or sale comprises ten or more acres, and fronts on two or more streets, roads, or highways, additional signs of identical dimensions may be erected, the total not to exceed one for each frontage. (No town sign permit is required for these temporary real estate signs.)
(d) 
Construction signs.
One “construction entrance” sign not to exceed sixteen (16) square feet in size is allowed at each construction entrance within a project development for the duration of the project construction or while structures within the project are being constructed. One “construction hours” sign, not to exceed thirty-two (32) square feet in size, providing information about permitted construction hours in the town is allowed at each project development entrance during the construction period of the project.
(e) 
Garage sale signs.
Temporary signs announcing yard or garage sales are allowed subject to the following restrictions:
(1) 
One yard or garage sale sign, not to exceed five (5) square feet in area, is allowed at the location of the yard/garage sale.
(2) 
Two directional yard or garage sale signs, each not to exceed five (5) square feet in area, may be placed at the intersections of roads during the period of the sale.
(3) 
Yard or garage sale signs may be erected one day prior to the yard sale event and must be removed immediately upon conclusion of the sale event.
(f) 
Zoning change request signs.
Temporary signs announcing a zoning change request are allowed in single-family residential, AG, FH and MH zones, and must follow the rules as outlined in section 14.02.002(f)(1).
(g) 
Exceptions.
Subject to the size limitations in subsection (a) of this section, temporary signs providing directional or other information concerning special home or farm occupation events (horse or other animal shows, special auctions, special produce sales, and the like) may be erected at the site of the event, or at locations other than those of the special events, providing always these conform additionally to the following:
(1) 
The erection of such signs shall be for a period not to exceed fifteen (15) days, and the applicant(s) must demonstrate that such signs are to be placed with the permission of the property owner(s) or occupant(s) involved, if they are other than the sponsor of the special event(s); and
(2) 
Any such signs will not be erected or placed more than five days in advance of the event(s), and will be removed within five days following the event(s); however, an exception to the time limit above may be granted by the town public works director in those cases where special event(s), by their nature, require a longer period, but in no case shall the period exceed 120 days, inclusive of the time periods specified above.
(h) 
Illumination; reflective materials.
With the exception of federal, state and town directional and/or regulatory signs, no sign in single-family residential, AG, FH and MH zones shall be artificially illuminated, or constructed with iridescent or other highly reflective materials.
(i) 
Advertising flags.
Advertising flags in single-family residential and MH zones are allowed at the main entry of a residential development (subdivision) and at one model home of each participating builder during the period of time when the development is actively marketing homes or lots for sale. When a development has sold 85% of its platted lots or constructed residences, such advertising flags must be removed. Flags of governmental entities (such as the United States, the state and the town) may remain at a development entry if incorporated and approved as part of the development landscape plan. There shall be no advertising flags allowed in AG or FH.
(j) 
Development signs.
In addition to the foregoing signs, a development sign for residential developments meeting the following standards shall be permitted:
(1) 
The developer may put up a temporary for sale/marketing sign for a new residential development of ten (10) lots or greater.
(2) 
The sign may go up once the final plat has been approved by the town council, and must be taken down once 75% of the lots have been sold.
(3) 
Sign size may not exceed 32 square feet of surface area.
(4) 
No sign will exceed ten feet in height above grade level, excluding decorative features (a decorative extension, crowns, frames, etc.).
(5) 
The sign must be framed with sides not to exceed six inches in width, and with the top and bottom framing of the sign not to exceed ten inches in width.
(6) 
Permit required. The developer must complete an application for a sign permit, pay a sign permit fee as required by the town schedule of permits and fees to the town, and receive the approved sign permit before the sign may be erected. The location of the sign will be approved through the platting process and shall be submitted in conjunction with the preliminary plat.
(7) 
The sign must remain in good condition or the town reserves the right to remove it.
(k) 
Single-family residential zones defined.
For purposes of this article, single-family residential zones are defined as those zones where single-family homes may be constructed on individual lots.
(Ordinance 2006-017, sec. 152.08, adopted 8/1/06; Ordinance 2007-3-6C, sec. 1.D, adopted 3/6/07)
(a) 
Single business sites.
(1) 
Permanent flat to wall sign.
(A) 
One sign per building permanently affixed to the building is permitted. No part of the sign may be mounted above the highest part of the building.
(B) 
Maximum size:
Business Size*
Sign Size
1500 sq. ft. or less
24 sq. ft.
1501 - 3000 sq. ft.
36 sq. ft.
3001 - 6000 sq. ft.
48 sq. ft.
6001 sq. ft. and greater
60 sq. ft.
*Refers to the finished interior of the building or building suite.
(2) 
Freestanding permanent sign.
(A) 
Only one sign per site is permitted, unless the site fronts on two streets.
(B) 
Maximum size:
Frontage
Maximum
Less than 240 ft.
18 sq. ft.
240 - 480 ft.
100 sq. ft.
Greater than 480 ft.
150 sq. ft.
(C) 
A business that fronts two streets may erect a sign facing each street; however, the total square footage allowed per subsection (2)(B) above may not be exceeded by both signs combined.
(D) 
A change panel may be incorporated within the allowable sign area for price information signs at vehicle fueling stations and in other signs (typically used by institutional organizations such as churches, schools, governmental entities and nonprofit service agencies) where information is periodically updated.
(E) 
The height of the sign from the ground (level grade) shall not exceed six (6) feet.
(3) 
Flags.
(A) 
One organizational flag per business is permitted.
(B) 
Oversize flags (greater than 8.95' x 17') may not be displayed.
(C) 
No pole used to display a flag(s) shall be higher than fifty (50) feet, measured from ground level.
(D) 
Flags of governmental entities and organizations (e.g., U.S. flag, state flags, town flags and corporate organizations) may be displayed in conjunction with project developments when shown on project development plans filed with the town.
(E) 
No more than three (3) flagpoles are allowed within a display group when flags are displayed within these zones.
(F) 
Organizational flags may not be displayed on the same flagpole used to display the flag of a governmental entity.
(G) 
Flags must be kept in good repair and displayed in accordance with established etiquette for that flag. Inappropriately displayed or deteriorated flags are not allowed and must be removed from display.
(4) 
Temporary signs (other than real estate).
(A) 
A single temporary sign may be used either as a freestanding or building-mounted sign for up to thirty (30) days per year.
(B) 
The size of a temporary sign shall not exceed thirty-two square feet.
(C) 
Temporary signs may be used for the following purposes only:
(i) 
“Grand openings” for new businesses (in addition to permanent signs);
(ii) 
Announcing special events (such as parades, concerts and similar);
(iii) 
During renovation of or a change in any permanent sign;
(iv) 
Awaiting construction or reconstruction of a permanent sign;
(v) 
To announce a zoning change request as described in section 14.02.002(f)(1).
(5) 
Banners.
Banners may be used as temporary signs and may be used only in accordance with the following provisions:
(A) 
Announcement banners.
One such banner may be used only for the following:
(i) 
“Grand openings” or business/organization opening announcements;
(ii) 
Awaiting installation or renovation of a permanent sign;
(iii) 
Special events (noncommercial).
Announcement banners must be mounted flat against a premises wall or may be mounted on poles within the landscape area of the premises. Banners may not exceed twenty-four (24) square feet in size. Announcement banners require a sign permit and may be mounted for a period not to exceed thirty (30) days. Banners must be kept in good repair or will be subject to removal.
(B) 
Decorative banners.
Banners may be used for decorative or seasonal/special event promotional purposes for a business or other organization on a temporary basis subject to the following requirements:
(i) 
May be mounted against a premises wall or may be mounted on utility pole cross-members specifically designed to mount banners and pennants.
(ii) 
May not be used to advertise products, sales events or business entities.
(iii) 
Individual banners may not exceed 16 square feet in size.
(iv) 
May be mounted for a period not to exceed thirty (30) days.
(v) 
May not be used for repetitive (more than 3 per year) displays per displaying organization.
(vi) 
Within major planned mixed use developments (>300,000 square feet floor space), banner size may be up to 30 square feet; may be displayed up to 4 times per year for periods up to 45 days.
(vii) 
Sign permits are required.
(viii) 
Must be kept in good repair and nonfaded condition.
(C) 
Advertising banners.
Banners designed to advertise products, prices, sales events or business/organizational entities are not allowed for display.
(6) 
Pennants and bunting.
Pennants and bunting may be used as temporary signs and may be used only in accordance with the following requirements:
(A) 
May be used only for a “grand opening” event for a period not to exceed thirty (30) days.
(B) 
May not be used as part of a recurring display.
(C) 
A sign permit is required for the exterior display of pennants or bunting.
(D) 
Exceptions. Pennants and bunting may be used without permit for celebration of official U.S. and state holidays. No individual holiday display of pennants or bunting may exceed seven (7) days in duration.
(7) 
Construction signs.
One temporary “construction entrance” sign not to exceed sixteen (16) square feet in size is allowed at each construction entrance within a project development for the duration of the project construction or while structures within the project are being constructed. One temporary “construction hours” sign, not to exceed thirty-two (32) square feet in size, providing information about permitted construction hours in the town is allowed at each project development entrance during the construction period of the project.
(8) 
Lights.
No moving, flashing or animated signs are permitted.
(9) 
Illumination.
Signs may be either externally illuminated with concealed or low-profile shielded floodlighting or backlit with halo illumination. Internally illuminated signs are not permitted in GB and PC zones. Note: When not required for evening and night business operation, security or other reasonable lighting needs, the town encourages the reduction of sign lighting (dimming or turning off) during time periods when sign illumination is unnecessary.
(b) 
Multibusiness sites.
(1) 
Permanent flat to wall sign.
(A) 
One sign per business permanently affixed to the building is permitted. No part of the sign may be mounted above the highest part of the building.
(B) 
Maximum size:
Business Size*
Size
1500 sq. ft. or less
24 sq. ft.
1501 - 3000 sq. ft.
36 sq. ft.
3001 - 6000 sq. ft.
48 sq. ft.
6001 sq. ft. and greater
60 sq. ft.
*Refers to the finished interior or the building or building suite.
(2) 
Freestanding permanent signs.
(A) 
Only one sign per site is permitted unless the site fronts on two streets.
(B) 
Maximum size:
Frontage
Maximum Area
Less than 240 ft.
18 sq. ft.
240 - 480 ft.
100 sq. ft.
Greater than 480 ft.
150 sq. ft.
(C) 
A business that fronts two streets may erect a sign facing each street; however, the total square footage allowed per subsection (2)(B) above may not be exceeded by both signs combined.
(D) 
A change panel may be incorporated within the allowable sign area where information is subject to change on a regular basis, for example, price information signs at vehicle fueling stations and in the signs of institutional organizations such as churches, schools, governmental entities and nonprofit service agencies.
(E) 
The height of the sign from the ground shall not exceed six (6) feet above grade level unless the area of the sign exceeds one hundred (100) square feet, in which instance the height may be eight (8) feet above grade level.
(3) 
Flags.
(A) 
One organizational flag per business is permitted.
(B) 
Oversize flags (greater than 8.95' x 17') may not be displayed.
(C) 
No pole used to display a flag(s) shall be higher than fifty (50) feet, measured from ground level.
(D) 
Flags of governmental entities and organizations (e.g., U.S. flag, state flags, town flags and corporate organizations) may be displayed in conjunction with project developments when shown on development plans filed with the town.
(E) 
No more than three (3) flagpoles are allowed within a display group when flags are displayed within these zones.
(F) 
Organizational flags may not be displayed on the same flagpole used to display the flag of a governmental entity.
(G) 
Flags must be kept in good repair and displayed in accordance with established etiquette for that flag. Inappropriately displayed or deteriorated flags are not allowed and must be removed from display.
(4) 
Temporary signs (other than real estate).
(A) 
A single temporary sign may be used either as a freestanding or building-mounted sign for up to thirty (30) days per year.
(B) 
The size of a temporary sign shall not exceed thirty-two (32) square feet.
(C) 
Temporary signs may be used for the following purposes only:
(i) 
“Grand openings” for new businesses (in addition to permanent signs);
(ii) 
Announcing special events (such as parades, concerts and similar);
(iii) 
During the renovation of or a change in any permanent sign;
(iv) 
Awaiting construction or reconstruction of a permanent sign;
(v) 
To announce a zoning change request as described in section 14.02.002(f)(1).
(5) 
Banners.
Banners may be used as temporary signs and may be used only in accordance with the following provisions:
(A) 
Announcement banners.
These banners may be used only for the following:
(i) 
“Grand openings” or business/organization opening announcements;
(ii) 
Awaiting installation or renovation of a permanent sign;
(iii) 
Special events (noncommercial).
Display of one banner per street facing facade is allowed for individual businesses or organizations. Multiple banners are allowed for display for large project developments. Announcement banners must be mounted flat against a premises wall or may be mounted on poles within the landscape area of the premises and may not exceed twenty-four (24) square feet in size. Announcement banners require a sign permit and may be mounted for a period not to exceed thirty (30) days. Banners must be kept in good repair or will be subject to removal.
(B) 
Decorative banners.
Banners may be used for decorative or seasonal/special event promotional purposes for planned development projects, individual businesses, governmental entities or other organizations on a temporary basis subject to the following requirements:
(i) 
May be mounted against a premises wall or may be mounted on utility pole cross-members specifically designed to mount banners and pennants.
(ii) 
May not be used to advertise products, sales events or business entities.
(iii) 
Individual banners may not exceed 16 square feet in size.
(iv) 
May be mounted for a period not to exceed thirty (30) days.
(v) 
May not be used for repetitive (more than 3 per year) displays per displaying organization.
(vi) 
Within major planned mixed use developments (>300,000 square feet floor space), banner size may be up to 30 square feet; may be displayed up to 4 times per year for periods up to 45 days.
(vii) 
Sign permits are required.
(viii) 
Must be kept in good repair and nonfaded condition.
(C) 
Advertising banners.
Banners designed to advertise products, prices, sales events or business/organizational entities are not allowed for display.
(6) 
Pennants and bunting.
Pennants and bunting may be used as temporary signs and may be used only in accordance with the following requirements:
(A) 
May be used only for a “grand opening” event for a period not to exceed thirty (30) days.
(B) 
May not be used as part of a recurring display.
(C) 
A sign permit is required for the exterior display of pennants or bunting.
(D) 
Exceptions. Pennants and bunting may be used without permit for celebration of official U.S. and state holidays. No individual holiday display of pennants or bunting may exceed seven (7) days in duration.
(7) 
Construction signs.
One temporary “construction entrance” sign not to exceed sixteen (16) square feet in size is allowed at each construction entrance within a project development for the duration of the project construction or while structures within the project are being constructed. One temporary “construction hours” sign, not to exceed thirty-two (32) square feet in size, providing information about permitted construction hours in the town is allowed at each project development entrance during the construction period of the project.
(8) 
Lights.
No moving, flashing or animated signs are permitted.
(9) 
Illumination.
Signs may be either externally illuminated with concealed or low-profile shielded floodlighting or backlit with halo illumination. Internally illuminated cabinet signs are not permitted in the GB or PC zones. Note: When not required for evening and night business operation, security or other reasonable lighting needs, the town encourages the reduction of sign lighting (dimming or turning off) during time periods when sign illumination is unnecessary.
(10) 
Other signs.
All signs permitted in single-family residential zones, AG, FH and MH zones are also permitted in the GB and PC zones.
(c) 
Temporary real estate signs.
(1) 
A temporary real estate sign may be placed on a property in these zones, indicating its availability for sale or lease, or announcing project development on the site. Real estate industry standard signs, which are six (6) square feet in size or less, do not require a sign permit. All larger (>6 square feet) real estate signs require a permit. The following size, dimension and height restrictions apply to temporary real estate signs:
Property Size*
Maximum Sign Size
Maximum Dimension Ratios**
Maximum Height***
0 - <10 acres
18 square feet
2 to 1
4 feet
10 - <50 acres
32 square feet
2 to 1
4 feet
50 - <100 acres
64 square feet
2 to 1
4 feet
100+ acres
96 square feet
2.5 to 1
4 feet
*Property size shall mean the total contiguous acreage owned by a single or joint owner, or the total acreage of each separately platted lot. Where a single project includes several platted lots, both a project sign and individual lot signs may be used, each conforming to the sizes and dimensions stated above.
**Dimension ratios shall be measured from height to width or width to height.
***Maximum height shall be measured from the ground to the lowest part of the sign.
(2) 
Notwithstanding subsection (c)(1) above, when a property available for sale, lease or project development fronts on two or more streets, roads or highways, an additional temporary sign may be placed on the property at each of the secondary frontage locations.
(3) 
No flags, banners or other attention-getting devices may be attached to temporary real estate signs.
(4) 
Lighting of temporary real estate signs is not permitted.
(5) 
Temporary real estate signs must be of professional quality construction and must be maintained in an attractive condition. Signs that fade, tilt, decay, or become defaced, broken or otherwise deteriorated shall be repaired to original condition or removed from the property as directed by the town.
(6) 
Temporary real estate signs are allowed for a period of eighteen (18) months and may be renewed, for a fee, for one additional eighteen-month period, provided such signs are kept in good condition/appearance, and do not otherwise become detrimental to the community in terms of safety, communication effectiveness, or environmental quality, as described in section 3.13.001 of this code.
(7) 
In those situations where temporary real estate signs are needed for periods longer than thirty-six (36) months, a new sign permit application for a new or refurbished sign must be submitted to the town for approval.
(8) 
A sign identifying a real estate agent or manager may be added on a separate panel at the top or bottom of the sign. Any such panel addition may not exceed 10 inches in width and must be contained within the width of the primary sign.
(Ordinance 2006-017, sec. 152.09, adopted 8/1/06; Ordinance 2007-3-6C, sec. 1.E, adopted 3/6/07)