[Ord. No. 1540, 6-26-2023]
(a)
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.
(b)
Compliance.
(1)
A sign erected, altered, or maintained after
the effective date of this part must conform to the regulations specified
in this part.
(2)
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).
(3)
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.
(c)
Interpretation.
(1)
Any ambiguity in this sign code should be resolved
in favor of allowing the display of a proposed sign.
(2)
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:
(a)
All signs posted by the Town or a county,
state, or federal agency.
(b)
Street addresses and numbers.
(c)
All temporary signs, subject to the following:
(1)
A temporary sign may not be posted for more than
90 days.
(2)
The sign and sign structure must be kept in good
repair throughout the duration of the temporary period the sign is
posted.
(3)
All temporary signs must be nonilluminated.
(4)
Number permitted:
A.
One temporary sign is permitted per lot with
one street frontage.
B.
Two temporary signs are permitted per lot
with two or more street frontages, provided that each sign faces a
separate street.
(5)
In residential zoning districts. A sign must
comply with the regulations of Article 907.
(6)
In nonresidential zoning districts and the Civic
District.
A.
The maximum sign area for a temporary sign
is 32 square feet.
B.
An A-frame sign must not exceed six square
feet for each sign face.
C.
An A-frame sign may only be displayed during
the establishment's hours of operation.
(7)
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.
(f)
All murals, subject to the following:
(1)
Murals may include graphics, design, or text.
(2)
Murals are permitted on buildings in nonresidential
zoning districts with permission from the building owner.
[Ord. No. 1540, 6-26-2023]
(a)
The following are prohibited:
(1)
A sign which is structurally unsafe, unsafely
installed, or otherwise hazardous to physical safety.
(2)
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.
(3)
A sign not maintained in good condition.
(4)
A sign that blocks a driver's clear line
of sight of traffic or pedestrians.
(5)
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.
(6)
A sign that interferes with a driver's ability
to see the road due to brightness.
(7)
A sign with material depicting, describing, or
relating to nudity, specified anatomical areas, or specified sexual
activity, as defined herein.
(8)
A sign nailed, fastened, or affixed to a tree.
(9)
A sign located on private property against the
wishes of the property owner.
(10)
A sign comprising banners, lasers, twirling,
balloons, spinners, or pennants.
(13)
A sign with three dimensions.
(15)
A sign that otherwise violates this sign code.
(b)
Enforcement against prohibited signs.
(1)
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.
(2)
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.
[Ord. No. 1540, 6-26-2023]
(a)
Permits.
(1)
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.
(2)
In addition to the signs exempted from the permitting requirements in §
1305.110, permits are not required for the following:
B.
The customary maintenance of a sign.
(b)
Signs and sign structures must maintain clearance
and noninterference with all surface and underground utility and communications
lines or equipment.
(c)
Sign materials and construction.
(1)
A sign must be constructed of durable materials,
using noncorrosive fastenings.
(2)
A sign must be structurally safe and erected
or installed in strict accordance with the PCC.
(3)
A sign must always be maintained in safe condition
and good repair with all sign information clearly legible.
(d)
Sign area.
(1)
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).
Figure 1305.A
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Figure 1305.B
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(2)
Multifaceted signs. In computing the square foot
area of a double-faced sign, only one side is considered in calculating
the sign area.
(3)
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.
(e)
Illumination.
(1)
Signs may be illuminated provided they are not
located in a residential zoning district and they comply with this
article.
(2)
Uncovered light bulbs are prohibited.
(3)
Signs, other than public traffic control signs,
must have no elements that are flashing, blinking, rotating, or pulsating.
(4)
Digital display signs are not considered flashing
or pulsating signs, provided that they comply with this article.
(5)
The light output of any illuminated sign must
not measure more than 1/2 footcandle at the boundary of an abutting
property.
(6)
Hours of operation.
A.
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.
B.
Signs must have an automatic timer to comply
with the permitted hours of operation.
(7)
Types of illumination.
A.
External. Externally illuminated signs are
subject to the following regulations:
1.
External illumination must be by a steady,
stationary light source, shielded and directed solely at the sign.
2.
The light source must be static in color.
3.
The light source must be concealed by translucent
covers.
B.
Internal. Internally illuminated signs are
subject to the following regulations:
1.
Internal illumination, including neon lighting,
must be static in intensity and color.
2.
Digital display signs are permitted in accordance
with the regulations contained in Subsection (e)(8).
(8)
Digital display signs are subject to the following
regulations in addition to all other requirements established in this
article.
A.
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.
B.
Maximum number per property. Where permitted,
one digital display sign is permitted per property.
C.
Message display.
1.
A digital display sign containing animation,
streaming video, or text or images which flash, pulsate, move, or
scroll is prohibited.
2.
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.
D.
Conversion of a permitted nondigital sign
to a digital display sign requires the issuance of a sign permit.
E.
The addition of a digital display to a nonconforming
sign is prohibited.
F.
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.
(9)
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]
(a)
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.
(1)
Submission requirements. To establish a signage
plan, the owner must submit the following:
A.
An accurate, scaled site plan of the lot or
lots including the location of existing buildings, parking lots, driveways,
and landscaped areas.
B.
The location of all existing and proposed
sign indicated on the site plan.
C.
Elevations indicating the location of all
awning, marquee, projecting, and wall signs.
D.
A summary of the following:
1.
The total number of signs by type on the lot.
2.
The maximum cumulative sign area.
3.
The maximum sign area for each sign.
4.
The height of each freestanding sign.
(2)
Amendment. A signage plan may be amended by filing
a new signage plan.
(3)
Requirements. A signage plan must comply with
the regulations of Subsection (c) with the following exceptions:
A.
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.
B.
Wall signs may be permitted on more than two
building elevations, provided that each additional building elevation
has an entrance.
C.
Awning and marquee signs may exceed the number
permitted in Subsection (c)(8), provided that there is no more than
one per entrance.
(4)
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.
(5)
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:
A.
Complies with other applicable sections of
this part.
B.
Generally will be capable of meeting applicable
sections of the Subdivision and Land Development Ordinance (Part 11).
C.
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.
D.
Will not result in or significantly add to
a significant traffic hazard.
E.
Will not create a significant public safety
hazard, including fire, toxic, or explosive hazards.
F.
Will not negatively affect the desirable character
of an existing residential neighborhood in a significant way.
G.
Will involve adequate site design methods,
including plant screening and setbacks as needed to avoid significant
negative impacts on adjacent uses.
(6)
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.
(7)
Lots that have a signage plan are exempt from the requirements of §
1305.140(c).
(b)
In the Civic Zoning District.
(1)
Types permitted: Awning, monument, projecting,
pylon, or wall.
(2)
Maximum area per sign: 64 square feet.
(4)
Illumination: External, internal, or digital
display.
(5)
Sign clearance: nine feet.
(6)
Setback: 15 feet from street lot line.
(c)
In nonresidential zoning districts.
Regulation
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M-N
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M-C
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M-U
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TC
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SD
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(1) Illumination
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A. External illumination is permitted
B. Internal illumination is permitted, provided that the sign
does not face a residential zoning district
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A. External illumination is permitted
B. Internal illumination or digital display is permitted, provided
that the sign does not face a residential zoning district
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(2) Number permitted
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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
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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
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(3) Monument sign
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A. Number permitted
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See Subsection (c)(2) for total number of signs permitted per
lot
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See Subsection (c)(2) for total number of freestanding signs
permitted per lot
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B. Maximum area per sign
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32 square feet
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64 square feet
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C. Maximum sign height
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8 feet
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12 feet
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D. Setback
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All signs must be set back from the closest lot line by a distance
equivalent to the sign height
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(4) Pole sign
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A. Number permitted
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Not permitted
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See Subsection (c)(2) for total number of freestanding signs
permitted per lot
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Not permitted
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B. Maximum area per sign
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NA
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64 square feet
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NA
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NA
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NA
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C. Maximum sign height
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NA
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35 feet
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NA
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NA
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NA
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D. Sign clearance
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NA
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9 feet
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NA
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NA
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NA
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E. Setback
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All signs must be set back from the closest lot line by a distance
equivalent to the sign height
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(5) Pylon sign
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A. Number permitted
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Not permitted
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See Subsection (c)(2) for total number of freestanding signs
permitted per lot
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Not permitted
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See Subsection (c)(2) for total number of freestanding signs
permitted per lot
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B. Maximum area per sign
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NA
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64 square feet
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NA
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64 square feet
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C. Maximum sign height
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NA
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35 feet
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NA
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35 feet
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D. Sign clearance
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NA
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9 feet
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NA
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9 feet
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E. Setback
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All signs must be set back from the closest lot line by a distance
equivalent to the sign height
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(6) Wall sign
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A. Number permitted
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See Subsection (c)(2) for total number of signs permitted per
lot
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Wall signs are permitted on up to 2 elevations of a building
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B. Maximum area per lot
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1.25 square feet per 1 linear foot of building elevation
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C. Maximum letter height
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5 feet
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(7) Projecting sign
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A. Number permitted
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See Subsection (c)(2) for total number of signs permitted per
lot
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1 sign per 100 linear feet of building elevation
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B. Maximum area per sign
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8 square feet
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12 square feet
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C. Sign clearance
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9 feet minimum
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D. Sign projection
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3.5 feet maximum
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5 feet maximum
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(8) Awning or marquee sign
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A. Number permitted
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See Subsection (c)(2) for total number of signs permitted per
lot
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1 sign per 50 linear feet of building elevation
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B. Maximum area per sign
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6 square feet
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24 square feet
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C. Maximum sign height
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2 feet
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3 feet
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D. Sign clearance
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9 feet minimum
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[Ord. No. 1540, 6-26-2023]
(a)
In residential zoning districts. Off-premises
signs are prohibited in residential zoning districts.
(b)
In nonresidential zoning districts.
Regulation
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M-N
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M-C
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M-U
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TC
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SD
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(1) Number permitted
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1 sign per lot
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(2) Types permitted
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Monument
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A. Monument
B. Pole as a special exception
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Monument
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(3) Maximum area per sign
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32 square feet
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A. 64 square feet for monument signs
B. 200 square feet for pole signs
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64 square feet
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(4) Maximum sign height
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8 feet
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A. 8 feet for monument signs
B. 45 feet for pole signs
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8 feet
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(5) Maximum length
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NA
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60 feet
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NA
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(6) Sign separation
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1,000 feet
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(7) Illumination
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A. External illumination is permitted
B. Internal illumination is permitted, provided that the sign
does not face a residential zoning district
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(8) Sign clearance
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NA
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10 feet for pole signs
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NA
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NA
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NA
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(9) Setback
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All signs must be set back from the lot line according to the
greater of the zoning district's setbacks for principal structures
or a distance equivalent to the sign height
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