Town of Manchester, NY Article 52 Sign Regulations

§ 325-52.1 Purpose and intent.

A. Purpose. The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Town. These standards are designed to protect and promote the public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.

B. Objectives. It is further the intent of this chapter to achieve the following objectives:

1) Ensure right to free speech as protected under the Constitution;

2) Establish a clear and impartial process for those seeking to install signs;

3) Protect property values, create a more attractive economic and business climate, protect traditional Town character, and maintain a desirable appearance of the community;

4) Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;

5) Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;

6) Reduce the adverse effects of signage on the desirable aesthetic of the Town and on the general environment of the community; and

7) Enforce and encourage the objectives and goals of the Town's Comprehensive Plan.

§ 325-52.2 Applicability.

A. Signs regulated. The regulations of this chapter shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation and removal of all signs within the Town visible from any street, sidewalk, public right-of-way, or public space.

B. Exemptions. The provisions of this chapter shall not apply to or be construed to prohibit the following:

1) Safety signs, road signs, historical markers, or highway directional signs erected by municipal or governmental agencies.

2) Temporary decoration of premises during customary religious, patriotic or holiday seasons.

3) Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.

4) Any official sign, public notice, or warning sign supported by federal, state or local law, including, but not limited to, signs erected and maintained pursuant to and in discharge of any government functions (examples include NYS inspection station or authorized repair shop identification and posted notices).

C. Conflict of provisions. If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health code of the Town or other local or state agency, the provision which establishes the higher standard shall prevail.

§ 325-52.3 Permits required.

A. Sign permits. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the Town of Manchester Code Enforcement Officer, as required by this chapter.

Table 52-1. Signs Requiring Permits
Sign Type	Permit Required	Sign Regulations
A-Frame	No1	§ 325-52.14(A)
Awning	Yes	§ 325-52.16(A)
Directional	No1	§ 325-52.14(B)
Governmental	No1	§ 325-52.14(C)
Ground	Yes	§ 325-52.16(B)
Incidental	No1	§ 325-52.14(D)
Lawn	No1	§ 325-52.14(E)
Neon	No1	§ 325-52.14(F)
Noncommercial	No1	§ 325-52.14(G)
Pole	Yes	§ 325-52.16(C)
Projecting	Yes	§ 325-52.16(D)
Suspended	Yes	§ 325-52.16(E)
Temporary	Yes	§ 325-52.16(F)
Wall	Yes	§ 325-52.16(G)
Window	No1	§ 325-52.16(H)

NOTE:
(1)	Signs not requiring a sign permit must still conform to all applicable regulations of this article.

B. Permit exceptions. The following actions shall not require the issuance of a sign permit provided such maintenance, changes, or alterations do not alter the physical size, design, structure, or nature of the sign.

1) Normal maintenance and repair of a sign not involving structural changes, including, but not limited to, repainting, repairing, changing of parts, or cleaning.

2) Changes to the content, graphics, or messaging of a sign.

3) Changes in the sign user, owner, or owner of the property upon which the sign is located.

C. Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the Code Enforcement Officer.

D. Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit. The Code Enforcement Officer may grant an extension of up to an additional 45 days provided the applicant submits a written request with sufficient reason for the delay in construction.

E. Revocation. The Code Enforcement Officer, at any time for a violation of this chapter, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice, otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.

§ 325-52.4 Sign permit applications.

A. Application submittal.

1) Sign permit applications shall be submitted to the Code Enforcement Officer on the appropriate forms provided by the Town of Manchester.

2) Incomplete applications will not be processed. The Code Enforcement Officer shall provide written or electronic notice of application deficiencies to applicants. If such deficiencies are not corrected within 30 days of notice, the application will be considered withdrawn.

B. Application requirements. All sign applications shall require the submittal of the following information. The Code Enforcement Officer may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.

1) Name, address, contact information, and signature of the applicant.

2) Name, address, and signature of the building and/or property owner (if not the applicant), and a statement of consent for the applicant to seek such sign permit.

3) Name and information of the sign constructor and/or erector (if not the applicant), including a cost estimate for construction.

4) All applicable permit fee(s).

5) Plans, dimensions, and/or drawings indicating the size, shape, construct, materials, design, and layout of the proposed sign(s).

6) Site plan and elevations indicating the proposed location, size, and design of the sign(s) drawn to scale.

7) Color illustrations and/or photographs of the proposed sign and sign area.

8) Plans indicating the proposed illumination system and/or structure, if any, and the type of lighting to be used.

9) Any additional site and/or sign information deemed necessary by the Code Enforcement Officer for the proper review of such application.

C. Signs in public right-of-way. Applicants seeking approval for the placement of a sign or signs in the public right-of-way shall provide the Town with a certificate of insurance issued by a qualified and licensed insurance company naming the Town as an additional insured against all claims in the face amount of $250,000 for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the Town shall not exceed $500. Applications for signs located within the public right-of-way shall be reviewed in accordance with § 325-52.5(C).

§ 325-52.5 Review procedures.

A. Review by sign type.

1) Sign permit applications shall require review by the Code Enforcement Officer, Planning Board, or Town Board, as provided in this chapter.

2) Applications for signs that are consistent with a sign plan or program previously approved for a project or building may be administratively reviewed, regardless of the sign type.

B. Administrative review procedures.

1) The Code Enforcement Officer may approve, approve with modifications, or deny a sign application as part of administrative review.

2) The Code Enforcement Officer shall render their decision within 30 days of receipt of a complete application. A sign permit shall only be issued when it is determined that the sign complies with the requirements of this chapter and all other applicable local, state, and federal laws and ordinances.

3) The CEO may refer any sign application to the Planning Board for review and issuance of a decision, if it is determined by the CEO that the nature of the application requires a more substantial, discretionary review. Such review may occur at any regularly or specially scheduled Planning Board meeting.

4) Upon referral by the CEO, the Planning Board assumes final decision authority and may approve, approve with modifications, or deny the sign application.

5) Any person aggrieved by a decision for a sign permit by the Code Enforcement Officer may submit an appeal to the Town of Manchester Zoning Board of Appeals. Such appeal must be made within 30 days of the date of decision.

C. Town Board review procedures. Applications for signs that encroach upon public property, with the exception of a-frame signs, shall be subject to review and approval by the Town Board under the following procedures.

1) Sign permit applications shall be submitted to the Code Enforcement Officer at least 10 business days prior to the Town Board meeting at which such application is to be considered. Upon receipt of all required information, the Code Enforcement Officer will submit all materials to the Town Board for their review.

2) The Town Board shall review and decide upon all sign applications received from the Code Enforcement Officer. Such review may occur at any regularly or specially scheduled Board meeting.

3) The Town Board may approve, approve with modifications, or deny a sign permit application upon consideration of the application's conformance to the applicable requirements contained in this chapter, consistency with the architectural style of the building or structure with which the proposed sign or signs is associated, and all other applicable laws and ordinances.

D. Site plan or special permit review coordination. Developments subject to review and approval under this zoning law may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.

§ 325-52.6 Measurement.

A. Sign area.

1) Single sign face. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, graphic, and/or other display, together with any material, backdrop, or structure on which it is placed. See Figures 1 and 2.

Figure 1

Figure 2

2) Multi-faced signs. In the case of a multi-faced sign only one side of the sign is considered in determining sign area if the sides of the sign are back-to-back or diverge at an angle of 45° or less.

3) Structural support not included. The supporting structure or bracing of a sign shall not be computed as part of the sign area unless such supporting structure or bracing is made a part of the message with the inclusion of any text or graphics. If such is the case, a combination of regular geometric shapes which can encompass the area of said text or graphics shall be included as part of the total sign area computation.

B. Sign height.

1) Freestanding sign. The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. See Figure 3.

Figure 3

2) Other signs. The height of an awning, projecting, suspended, wall, or window sign shall be determined by measuring the vertical distance between the top part of the sign face or structure, whichever is highest, to the bottommost edge of the sign face. See Figures 1 and 2.

§ 325-52.7 Safety provisions.

All signs shall be designed, constructed, and located in accordance with the following criteria to protect the general health, safety, and welfare of the public.

A. No sign shall be erected, constructed, or maintained so as to obstruct free egress from a window, door or fire escape, to interfere with any opening required for ventilation, or to become a menace to life, health or property.

B. No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.

C. No sign shall be of a shape, color, or design that may be confused with any authorized traffic control device.

D. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used with any sign display.

E. Signs shall maintain clearance from high voltage power lines.

F. The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with the requirements of the NYS Uniform Code and National Electrical Code, as applicable.

G. The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the Code Enforcement Officer.

§ 325-52.8 Design and construction.

A. All signs shall be constructed of permanent, weather resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this chapter.

B. Where applicable, signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the NYS Uniform Code. All sign supports may be reviewed as part of the sign design.

C. All sign lettering shall be permanently affixed to the sign. Ground signs utilizing manual changeable copy shall be enclosed and locked.

D. No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted metal. All wood components of signs must be sealed and protected from the elements.

E. No sign shall use neon, fluorescent, or DayGlo™ colors.

§ 325-52.9 Location.

A. No sign may be posted on public property or within a public right-of-way, unless otherwise approved by Town Board. Signs encroaching upon or projecting over the public right-of-way shall also require Town Board approval.

B. All signs must comply with the dimensional and setback requirements of this article.

C. No sign shall obscure, alter, or cover the architectural features of any building.

D. All signs shall be located on the site being promoted, identified, or advertised.

E. All signs shall maintain at least a ten-foot setback from all property lines, unless otherwise noted within this chapter.

§ 325-52.10 Illumination.

A. Intermittent illumination or illumination which involves movement or causes the illusion of movement resulting from the arrangement of lighting, is prohibited.

B. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

C. Overhead wires or exposed wires on a sign or its supporting members are prohibited.

D. While internally illuminated signs are prohibited, reverse channel illumination (backlighting) may be utilized in districts where illumination is permitted.

E. Fixtures shall be fully shielded, pointing downward, to minimize sky glow, glare, and light trespass. The use of lighting fixtures compliant with International Dark Sky Association standards is required.

F. Spotlights or other types of artificial lighting used to illuminate signs or building faces shall be top mounted fixtures which project downward only onto the surface itself.

§ 325-52.11 Maintenance and repair.

A. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times.

B. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the Code Enforcement Officer may require its removal.

§ 325-52.12 Removal of signs.

A. Any sign that becomes obsolete, meaning the business, product, service, event, or other such topic to which it relates ceases operation or is no longer applicable, must be removed within 60 days of such termination. An extension may be granted by the Code Enforcement Officer upon written request by the sign owner.

B. The removal of signs shall be the sole responsibility of the sign owner and/or sign permit holder. If said sign is not removed within 30 days of the date of written notice by the Code Enforcement Officer, the Code Enforcement Officer is authorized to effect its removal.

C. The removal of signs shall include the removal of all sign elements and related structural supports, returning the building, site, or structure to its original state.

D. The Code Enforcement Officer may remove any sign that is found to be in violation of this chapter. The property and/or sign owner shall subsequently be given written notice of such sign removal. If the sign is not claimed within 10 days of the written notice, the Code Enforcement Officer may dispose of said sign.

E. Any costs incurred for the removal of a sign shall be fully reimbursed to the Town of Manchester by the sign permit holder. Such costs may be assessed to the property for collection by the Town.

§ 325-52.13 Prohibited signs.

The following signs are prohibited within the Town:

A. Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.

B. Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.

C. Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on, over, or within the public right-of-way, unless otherwise permitted by this article.

D. Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located.

E. Any sign that is located off-premises from the use and/or structure to which it serves.

F. Any sign that contains words or pictures of an obscene or pornographic nature.

G. Any sign that emits audible sounds, odor, or visible matter.

H. Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.

I. Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflective material.

J. Any permanent sign that is mounted on wheels or mounted on any structure on wheels, not including registered commercial vehicles upon which a commercial message is displayed.

K. Any sign erected on the roof of a structure or attached in any manner that would extend beyond the roofline of the structure upon which it is located.

L. Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is utilized as temporary signage subject to the regulations of this article.

§ 325-52.14 Signs authorized without a permit.

The following types of signs may be erected in the Town without obtaining a sign permit. Although permits are not required for these signs, they shall conform to all other applicable requirements of this chapter or may be subject to removal by the Code Enforcement Officer in accordance with this article.

A. A-frame signs. A-frame signs shall not require a permit provided the following conditions are met:

1) The sign is located in a nonresidential district and does not interfere with vehicular, pedestrian, or bicycle access or visibility.

2) There is no more than one sign per use and the sign does not exceed three feet in height, three feet in width, and nine square feet in area.

3) The sign is not illuminated.

4) The sign is not located in the public right-of-way (permit required to be located in the public right-of-way).

5) The sign is brought inside when operation is not in use.

B. Directional signs. Non-illuminated direction signs do not require a permit provided the following conditions are met:

1) Directional signs shall be located entirely on the property to which they pertain and shall not contain a commercial message (e.g., business name).

2) The total of directional signs on any one property shall not exceed an area of six square feet in a residential district, or 16 square feet in a nonresidential district.

3) Directional signs shall not exceed three feet in height.

4) Directional signs may not extend above the first floor of any given structure or project beyond property lines.

C. Governmental signs. Any official sign, public notice, or warning sign authorized by federal, state or local law, including, but not limited to, signs erected and maintained pursuant to and in discharge of any government functions. (Example: NYS inspection station or authorized repair shop identification.)

D. Incidental signs. Signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including, but not limited to, signs which identify rest rooms, hours of operation, or warnings, provided they conform to the following:

1) No sign may be illuminated.

2) No sign may exceed three feet in area.

3) The cumulative area of all signs for any one use or property shall not exceed 12 square feet.

E. Lawn signs. Lawn signs shall be in conformance with the regulations below.

1) No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed 12 square feet.

2) No sign is displayed for more than 60 days in a 120-day period.

3) No sign is illuminated.

F. Neon or LED signs. Neon or LED signs shall not require a sign permit provided the following conditions are met:

1) The sign is mounted inside a building and the building is located within a nonresidential district.

2) There is no more than one sign per use.

3) The sign covers no more than 10% of the window area.

G. Noncommercial signs. Any use is permitted one sign that does not contain a commercial message, provided such sign is in conformance with the following:

1) No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed 12 square feet.

2) The sign is not illuminated.

3) The sign is not located above the first floor of any structure.

§ 325-52.15 Permitted signs by zoning district.

A. Sign types. The following table indicates the sign types permitted within the Town's zoning districts.

1) "●" indicates that the sign type is permitted and may be illuminated.

2) "O" indicates that the sign type is permitted but shall not be illuminated.

3) "—" indicates that the sign type is not permitted.

Table 52-1. Sign Types Permitted By Zoning District
Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	1 type per use	2 types per use	2 types per use	2 types per use	2 types per use	2 types per use
Awning	—	●	●	●	—	—
Ground	○	●	●	●	●	●
Pole	—	—	●	●	—	—
Projecting	—	●	●	●	—	—
Suspended	—	●	●	●	—	—
Temporary1	○	○	○	○	○	○
Wall	○	●	●	●	○	○
Window1	○	○	○	○	○	○

NOTE:
(1)	Window and temporary signs shall not count towards the maximum number of signs for any use.

B. Additional signage for developments. There are certain building and development configurations that warrant the permission of additional signage to provide adequate visibility and identification for motorists, pedestrians, and bicyclists. The following table indicates the permitted number of signs and sign types for such certain building and development configurations. Unless noted as additional signage, these regulations shall supersede those of Subsection A above.

Table 52-2. Additional Development Signage
Development Configuration	Permitted Sign Type and Standards
Single- or multiple-family residential development
Per entrance1	1 additional ground sign, in conformance with § 325-52.16(B)
Campus style development
Per entrance1	1 additional ground sign, no more than 32 square feet in area and 6 feet in height
Mixed-use or multi-tenant commercial development
Per use or tenant	Up to 2 sign types in conformance with § 325-52.16, except ground and pole signs
Per lot	1 ground or pole sign in conformance with § 325-52.16(B) or (C)
Multi-story, mixed-use or multi-tenant commercial building
Per first-floor use	Up to 2 different sign types in conformance with § 325-52.16
All upper floor uses	1 shared wall, projecting, or suspended sign, in conformance with § 325-52.16

NOTE:
(1)	The additional signage shall be permitted only to entrance points from public streets and/or streets designated as primary entrances.

§ 325-52.16 Regulation by sign type.

A. Awning sign. A sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	—	1 per awning	1 per awning	1 per awning	—	—
Max. area	—	12 square feet	16 square feet	16 square feet	—	—
Min. clearance1	—	9 feet	9 feet	9 feet	—	—
Illumination	—	Internal/External	Internal/External	Internal/External	—	—

NOTE:
(1)	Measured from the elevation of the ground directly beneath the center of the awning to the bottommost edge of the awning.

1) Additional regulations.

i. No sign shall project from an awning.

ii. Awnings upon which a sign is to be placed shall be comprised of high-quality, weather-resistant materials designed for exterior use.

iii. Unfinished or unpainted wood or metal awnings and internally illuminated translucent awnings are prohibited.

B. Ground sign. A type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	1 per lot	1 per lot	1 per lot	1 per lot	1 per lot	1 per lot
Max. area	6 square feet	12 square feet	48 square feet	48 square feet	12 square feet	12 square feet
Max. height	3 feet	3 feet	6 feet	6 feet	3 feet	3 feet
Min. setback	15 feet	15 feet	15 feet	15 feet	15 feet	15 feet
Illumination	None	External	External	External	External	External

1) Additional regulations.

i. All ground signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.

ii. All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.

iii. External lighting fixtures may be mounted on the ground or on the sign. Lighting fixtures mounted on the ground shall be shielded and directed so as to illuminate only the sign face.

C. Pole sign. A type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	—	—	1 per lot	1 per lot	—	—
Max. area	—	—	32 square feet	32 square feet	—	—
Max. height	—	—	20 feet	20 feet	—	—
Min. setback	—	—	15 feet	15 feet	—	—
Illumination	—	—	Internal/External	Internal/External	—	—

1) Additional regulations.

i. All pole signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.

ii. All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.

D. Projecting sign. A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	—	1 per use	1 per use	1 per use	—	—
Max. area	—	6 square feet	8 square feet	8 square feet	—	—
Max. width1	—	3 feet	4 feet	4 feet	—	—
Max. projection2	—	4 feet	5 feet	5 feet	—	—
Min. clearance3	—	9 feet	9 feet	9 feet	—	—
Illumination	—	External	External	External	—	—

NOTES:
(1)	Measured at the widest point of the sign face.
(2)	Measured perpendicularly from the building face to the furthest point of the sign edge.
(3)	Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign.

E. Suspended sign. A sign attached to and supported by the underside of a horizontal plane.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	—	1 per use	1 per use	1 per use	—	—
Max. area	—	6 square feet	8 square feet	8 square feet	—	—
Max. width1	—	3 feet	4 feet	4 feet	—	—
Min. clearance2	—	9 feet	9 feet	9 feet	—	—
Illumination	—	External	External	External	—	—

NOTES:
(1)	Measured at the widest point of the sign face.
(2)	Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign.

F. Temporary sign. A sign which is not intended to be used for a period over 60 days and is not attached to a building, structure, or ground in a permanent manner.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	n/a	n/a	n/a	n/a	n/a	n/a
Size/location requirements	See restrictions of sign type most closely aligned with style of the temporary sign.
Illumination	—	—	—	—	—	—

1) Additional regulations.

i. No sign shall be displayed for more than 60 days in a 120-day time period. This may be extended for up to two additional sixty-day periods upon written request to the CEO setting forth the special circumstances requiring such extension.

ii. Banners, posters, pennants, ribbons, streamers, spinners, or balloons may be permitted as temporary signage, provided they are in conformance with this section.

G. Wall sign. A sign located on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	1 per use	1 per facade	—	—	1 per use	1 per use
Max. area	6 square feet	12 square feet	32/60 square feet1	32/60 square feet1	12 square feet	12 square feet
Max. height	3 feet	3 feet	6 feet	6 feet	3 feet	3 feet
Illumination	—	External	External	External	—	—

NOTE:
(1)	The first number is the maximum area per individual sign. The second number is the maximum cumulative area for all wall signs on a single facade.

H. Window sign. A sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.

Zoning District	RR, HR, M-H	HC	GC	GI, LI, REI	OS	AG
Max. number	n/a	n/a	n/a	n/a	n/a	n/a
Max. area1	25%	25%	50%	50%	25%	50%
Illumination	—	—	—	—	—	—

NOTE:
(1)	Measured by the cumulative area of coverage by signs located within the transparent window area.

§ 325-52.17 Digital signs.

The following requirements shall apply to any sign utilizing digital technology.

A. The use of digital sign technology shall be limited to districts where illumination is permitted.

B. The extent of sign face area utilizing digital sign technology, including any screens or other display area, shall not exceed 75%.

C. Digital technology shall be not be utilized in any wall sign, projecting sign, suspended sign, awning sign, or window sign.

D. Digital signs shall display static messages with no animation, no effects simulating animation, and no video.

E. Changes in copy, message, or graphics shall occur no more than once every 30 seconds.

F. Each transition shall be accomplished immediately with no fade, scroll, flash, spin, revolve, shake or include any other type of movement or motion.

G. Digital signs shall be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.

H. The illuminance of a digital sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the digital sign off, and again with the digital sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign. All measurements shall be taken at a height of at least five feet and a distance determined by the following calculation. All fractions shall round up to the nearest foot.

I. The difference between the digital sign measurements when off and when displaying a solid-message (using the digital sign measurement criteria) shall not exceed 0.3 footcandle, regardless of ambient lighting conditions.

J. All digital signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.

K. Digital signs shall be programmed or set in such a manner that the display will turn dark and emit no light in case of malfunction.

L. No digital sign shall be located within 50 feet of a residential district or use as measured in a straight line from the location of the sign to the nearest residential property line.

§ 325-52.18 Nonconforming signs.

A. Any sign that does not comply with this chapter is eligible for characterization as a legal nonconforming sign if the sign complied with all requirements in effect at the time it was erected.

B. Nonconforming signs must be brought into compliance with this chapter under the following conditions:

1) The sign is altered in any way, such as size, design, structure, or type of illumination (except for normal maintenance).

2) The sign is relocated or replaced.

3) The property or business to which the sign relates changes ownership or principal use.

C. Any nonconforming sign that is removed from its position or siting and not replaced in-kind within 60 days shall be presumed to be abandoned and discontinued, and therefore may not be restored or re-erected except in compliance with this chapter.

D. No nonconforming sign may be altered in any way that would increase its nonconformity with the regulations of this chapter, including, but not limited to, area, height, setback, and illumination.

E. A nonconforming sign shall not be repaired, reconstructed or replaced, except in conformity with all the provisions of this chapter if it is damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50% of the replacement value of the sign so damaged, including labor.

F. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from complying with the provisions of this chapter regarding safety, maintenance and repair of signs. Any repainting, cleaning, or routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.