Article 1305 Signs

Purpose. The intent of this Article is to provide comprehensive and balanced Sign regulations that will preserve the right of free speech and expression; avoid excessive levels of visual clutter or distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance; and ensure that Signs are well-constructed and maintained and expressive of the identity of individual activities and the community.

Compliance.

A Sign erected, altered, or maintained after the effective date of this Part must conform to the regulations specified in this Part.

Existing Nonconforming Signs. A Sign lawfully existing at the time of the adoption or Amendment of this Article may be continued although the size or location does not conform with this Article. This Sign is a Nonconforming Use or Structure, and the Nonconforming Use or Structure provisions of this Article apply. Maintenance of a Nonconforming Sign must comply with § 1305.130(C).

A Person who displays a Sign in compliance with this Code may substitute the message on that Sign without first securing additional approval, permitting, or notice, unless the substitution would result in the Sign becoming noncompliant.

§ 1305.110 Signs Exempt from Permit Requirements.

Interpretation.

Any ambiguity in this Sign code should be resolved in favor of allowing the display of a proposed Sign.

Nothing in this Code is intended to prevent the strengthening or restoration to a safe condition of a Nonconforming Sign for purposes of the public health and safety.

[Ord. No. 1540, 6-26-2023]

The Signs in this section do not require a Sign Permit, are not counted against the maximum Sign allotment for a particular property, and are not subject to other restrictions in the Sign code, except the Prohibited Sign section of § 1305.120. These exempted Signs are:

All Signs posted by the Town or a County, State, or Federal agency.

Street addresses and numbers.

All Temporary Signs, subject to the following:

A Temporary Sign may not be posted for more than 90 days.

The Sign and Sign Structure must be kept in good repair throughout the duration of the temporary period the Sign is posted.

All Temporary Signs must be nonilluminated.

Number permitted:

One Temporary Sign is permitted per Lot with one Street Frontage.

Two Temporary Signs are permitted per Lot with two or more Street Frontages, provided that each Sign faces a separate Street.

In Residential Zoning Districts. A Sign must comply with the regulations of Article 907.

In Nonresidential Zoning Districts and the Civic District.

The maximum Sign Area for a Temporary Sign is 32 square feet.

An A-Frame Sign must not exceed six square feet for each Sign Face.

An A-Frame Sign may only be displayed during the establishment's hours of operation.

Temporary Signs are not permitted in the Right-of-Way. This prohibition includes Signs on utility poles, traffic medians, and in roads and sidewalks.

(D)

All flags. Ground-mounted flagpoles are subject to the Height regulations of Article 1304.

(E)

All Vehicle Signs.

(F)

All Murals, subject to the following:

Murals may include graphics, design, or text.

Murals are permitted on Buildings in Nonresidential Zoning Districts with permission from the Building Owner.

§ 1305.120 Prohibited Signs.

[Ord. No. 1540, 6-26-2023]

The following are prohibited:

A Sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety.

A Sign that obstructs free ingress to or egress from a fire escape, door, window, or other required access way to or from a Building or site.

A Sign not maintained in good condition.

A Sign that blocks a driver's clear line of sight of traffic or pedestrians.

A Sign that interferes with the view of, or is confused with, a traffic control Sign or device, or a Sign that misleads or confuses traffic flow. A Sign's position, size, shape, color, and illumination, but not its content, must be considered when making this determination.

A Sign that interferes with a driver's ability to see the road due to brightness.

A Sign with material depicting, describing, or relating to Nudity, Specified Anatomical Areas, or Specified Sexual Activity, as defined herein.

A Sign nailed, fastened, or affixed to a tree.

A Sign located on private property against the wishes of the Property Owner.

10.

A Sign comprising banners, Lasers, Twirling, Balloons, Spinners, or Pennants.

11.

A Roof Sign.

12.

An Inflatable Sign.

13.

A Sign with three dimensions.

14.

A Tri-Vision Board Sign.

15.

A Sign that otherwise violates this Sign code.

Enforcement against Prohibited Signs.

If, upon inspection, the inspector determines that a Sign violates this section, the enforcement procedures of Article 1301 apply, unless the Sign presents an imminent hazard to public safety.

In cases of Emergency, meaning cases where a Sign presents an imminent hazard to public safety, the Sign Inspector may cause the immediate removal of a dangerous or defective Sign, at the Owner's expense.

§ 1305.130 General Sign Requirements.

[Ord. No. 1540, 6-26-2023]

Permits.

Before installation, all Signs not otherwise exempted from the permit requirement (§ 1305.110) must obtain a permit according to the permitting procedures of § 1301.220.

In addition to the Signs exempted from the permitting requirements in § 1305.110, permits are not required for the following:

Changing Sign content.

The customary maintenance of a Sign.

Signs and Sign Structures must maintain clearance and noninterference with all surface and underground utility and communications lines or equipment.

Sign Materials and Construction.

A Sign must be constructed of durable materials, using noncorrosive fastenings.

A Sign must be structurally safe and erected or installed in strict accordance with the PCC.

A Sign must always be maintained in safe condition and good repair with all Sign information clearly legible.

(D)

Sign Area.

Where the Sign consists of individual letters, designs, or symbols attached to a Building, awning, wall, or window, the Sign Area is the smallest rectangle or smallest combination of rectangles that encompasses all the letters, designs, and symbols (Figures 1305.A and 1305.B).

Multifaceted Signs. In computing the square foot area of a double-faced Sign, only one side is considered in calculating the Sign Area.

The permitted maximum Sign Area for all Signs is determined by the Sign type and its location as specified in §§ 1305.140 and 1305.150.

Figure 1305.A

Figure 1305.B

(E)

Illumination.

Signs may be illuminated provided they are not located in a Residential Zoning District and they comply with this Article.

Uncovered light bulbs are prohibited.

Signs, other than public traffic control Signs, must have no elements that are flashing, blinking, rotating, or pulsating.

Digital Display Signs are not considered flashing or pulsating Signs, provided that they comply with this Article.

The light output of any illuminated Sign must not measure more than 1/2 footcandle at the boundary of an Abutting property.

Hours of Operation.

Signs in Nonresidential Zoning Districts may be illuminated from 6:00 a.m. until 10:00 p.m., or 1/2 hour past the close of business of the facility being identified or advertised, whichever is later.

Signs must have an automatic timer to comply with the permitted hours of operation.

Types of Illumination.

External. Externally Illuminated Signs are subject to the following regulations:

External illumination must be by a steady, stationary light source, shielded and directed solely at the Sign.

The light source must be static in color.

(3)

The light source must be concealed by translucent covers.

Internal. Internally Illuminated Signs are subject to the following regulations:

Internal illumination, including neon lighting, must be static in intensity and color.

Digital Display Signs are permitted in accordance with the regulations contained in Subsection (E)8.

Digital Display Signs are subject to the following regulations in addition to all other requirements established in this Article.

Sign Type. Digital Display Signs are permitted in the form of Freestanding Signs in accordance with the regulations established under §§ 1305.140 and 1305.150.

Maximum Number per Property. Where permitted, one Digital Display Sign is permitted per property.

Message Display.

A Digital Display Sign containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited.

§ 1305.140 On-Premises Sign Regulations.

One message or display may be brighter than another, but each message or display must be static in intensity.

(3)

The content of a Digital Display Sign must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).

(4)

Message Duration. The minimum length of time each message may be displayed is 20 seconds.

(5)

Default Design. The Sign must contain a default design which must freeze the Sign message in one position if a malfunction should occur.

(6)

Brightness.

(a)

Between sunrise and sunset, a maximum of 2,500 nits is permitted.

(b)

Between sunset and sunrise, a maximum of 250 nits is permitted.

Conversion of a permitted nondigital Sign to a Digital Display Sign requires the issuance of a Sign Permit.

The addition of a digital display to a Nonconforming Sign is prohibited.

Public Service Announcements. The Owner of a Digital Display Sign must coordinate with the local authorities to display, when appropriate, Emergency information important to the traveling public including Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages must remain in the advertising rotation according to the protocols of the agency that issues the information.

Electrical Standards. The electrical supply to all Signs, whether to the Sign itself or to lighting fixtures positioned to illuminate the Sign, must be provided by means of concealed electrical cables. Electrical supply to Freestanding Signs must be provided by means of underground cables.

10.

Glare Control. Glare control must be achieved primarily by such means as cutoff fixtures, shields, and baffles, and the appropriate application of fixture mounting Height, wattage, aiming angle, and fixture placement. Vegetation screens do not qualify as the primary means for controlling glare.

[Ord. No. 1540, 6-26-2023]

Signage Plans. In the Special District, the Owner of one or more contiguous Lots with a Lot Area more than 10 acres may submit a Signage Plan for approval according to the requirements of this subsection.

Submission Requirements. To establish a Signage Plan, the Owner must submit the following:

An accurate, scaled site plan of the Lot or Lots including the location of existing Buildings, parking Lots, Driveways, and landscaped areas.

The location of all existing and proposed Sign indicated on the site plan.

Elevations indicating the location of all Awning, Marquee, Projecting, and Wall Signs.

A summary of the following:

The total number of Signs by type on the Lot.

The maximum cumulative Sign Area.

(3)

The maximum Sign Area for each Sign.

(4)

The Height of each Freestanding Sign.

Amendment. A Signage Plan may be amended by filing a new Signage Plan.

Requirements. A Signage Plan must comply with the regulations of Subsection (C) with the following exceptions:

The number of Freestanding Signs on the site may exceed the maximum identified in Subsection (C)2, provided that the number within 10 feet of the Right-of-Way does not exceed two per 200 linear feet. Additional Freestanding Signs may be located outside of this ten-foot Setback.

Wall Signs may be permitted on more than two Building Elevations, provided that each additional Building Elevation has an entrance.

Awning and Marquee Signs may exceed the number permitted in Subsection (C)8, provided that there is no more than one per entrance.

Recommendation. The Planning Commission will be given the opportunity to review the Signage Plan application and to submit a recommendation to the Town Council within 60 days of the date of application. Town Council may proceed if no recommendation is received this time.

Approval. The Town Council must approve, conditionally approve, or disapprove a Signage Plan. In making a determination, the Town Council must consider whether the Signage Plan:

Complies with other applicable sections of this Part.

Generally will be capable of meeting applicable sections of the Subdivision and Land Development Ordinance (Part 11).

Will not clearly conflict with other Town ordinances or state or federal laws or regulations known to the Town. The Town may require an Applicant to prove compliance, or to prove that appropriate applications have been submitted to obtain such compliance.

Will not result in or significantly add to a significant traffic hazard.

Will not create a significant public safety hazard, including fire, toxic, or explosive hazards.

Will not negatively affect the desirable character of an existing residential neighborhood in a significant way.

Will involve adequate site design methods, including plant screening and Setbacks as needed to avoid significant negative impacts on adjacent Uses.

Sign Permits under a Signage Plan. After approval of a Signage Plan, only Signs that conform to the plan are permitted to be erected, placed, painted, or maintained.

Lots that have a Signage Plan are exempt from the requirements of § 1305.140(C).

In the Civic Zoning District.

Types permitted: Awning, Monument, Projecting, Pylon, or Wall.

Maximum Area per Sign: 64 square feet.

Maximum Height: 35 feet.

Illumination: External, Internal, or Digital Display.

Sign Clearance: nine feet.

Setback: 15 feet from Street Lot Line.

§ 1305.150 Off-Premises Sign Regulations.

In Nonresidential Zoning Districts.

Regulation	M-N	M-C	M-U	TC	SD
1. Illumination	a. External Illumination is permitted b. Internal Illumination is permitted, provided that the Sign does not face a Residential Zoning District	a. External Illumination is permitted b. Internal Illumination or Digital Display is permitted, provided that the Sign does not face a Residential Zoning District
2. Number Permitted	Inclusive of all Sign types: a. 2 Signs are permitted per Lot fronting on 1 Street b. 3 Signs are permitted per Lot fronting on 2 or more Streets c. Up to 1 Sign may be a Freestanding Sign per Lot	a. For Freestanding Signs, which includes Monument Signs, Pole Signs, and Pylon Signs exclusively: (1) 1 Freestanding Sign Structure per Lot with less than 200 feet of Street Frontage (2) 2 Freestanding Sign structures per Lot with at least 200 feet of Street Frontage (3) A Monument or Pylon Sign Structure may hold multiple Signs b. For all other Sign types, see each Sign type subsection below for number permitted per Lot
3. Monument Sign
a. Number Permitted	See Subsection C.(2) for total number of Signs permitted per Lot	See Subsection C.(2) for total number of Freestanding Signs permitted per Lot
b. Maximum Area per Sign	32 square feet	64 square feet
c. Maximum Sign Height	8 feet	12 feet
d. Setback	All Signs must be set back from the closest Lot line by a distance equivalent to the Sign Height
4. Pole Sign
a. Number Permitted	Not Permitted	See Subsection C.(2) for total number of Freestanding Signs permitted per Lot	Not Permitted
b. Maximum Area per Sign	NA	64 square feet	NA	NA	NA
c. Maximum Sign Height	NA	35 feet	NA	NA	NA
d. Sign Clearance	NA	9 feet	NA	NA	NA
e. Setback	All Signs must be set back from the closest Lot Line by a distance equivalent to the Sign Height
5. Pylon Sign
a. Number Permitted	Not Permitted	See Subsection C.(2) for total number of Freestanding Signs permitted per Lot		Not permitted	See Subsection C.(2) for total number of Freestanding Signs permitted per Lot
b. Maximum Area per Sign	NA	64 square feet		NA	64 square feet
c. Maximum Sign Height	NA	35 feet		NA	35 feet
d. Sign Clearance	NA	9 feet		NA	9 feet
e. Setback	All Signs must be set back from the closest Lot line by a distance equivalent to the Sign Height
6. Wall Sign
a. Number Permitted	See Subsection C.(2) for total number of Signs permitted per Lot	Wall Signs are permitted on up to 2 elevations of a Building
b. Maximum Area per Lot	1.25 square feet per 1 linear foot of Building Elevation
c. Maximum letter Height	5 feet
7. Projecting Sign
a. Number Permitted	See Subsection C.(2) for total number of Signs permitted per Lot	1 Sign per 100 linear feet of Building Elevation
b. Maximum Area per Sign	8 square feet	12 square feet
c. Sign Clearance	9 feet minimum
d. Sign Projection	3.5 feet maximum	5 feet maximum
8. Awning or Marquee Sign
a. Number Permitted	See Subsection C.(2) for total number of Signs permitted per Lot	1 Sign per 50 linear feet of Building Elevation
b. Maximum Area per Sign	6 square feet	24 square feet
c. Maximum Sign Height	2 feet	3 feet
d. Sign Clearance	9 feet minimum

[Ord. No. 1540, 6-26-2023]

In Residential Zoning Districts. Off-Premises Signs are prohibited in Residential Zoning Districts.