(a) 
The primary intent of this chapter shall be to regulate signs to be viewed from any vehicular right-of-way or pedestrian walkway. The use of signs is regulated primarily by type, style, size and location of the sign. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this chapter.
(b) 
The purpose of this chapter shall be:
(1) 
To coordinate the type, placement and physical dimensions of signs within the different zoning districts;
(2) 
To encourage the innovative use of design;
(3) 
To promote both renovation and proper maintenance;
(4) 
To allow for special circumstances;
(5) 
To guarantee equal treatment under the law through accurate record keeping and consistent enforcement;
(6) 
To provide a reasonable balance between the right to communicate and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices;
(7) 
To recognize that instances may occur where strict application of the provisions of this Code may deprive a person of the reasonable use of a sign, and provide a procedure whereby variance from the regulations in this Code may, for good cause, be permitted;
(8) 
To preserve and promote the aesthetic qualities and purposes of the town;
(9) 
To ensure and promote the safety of pedestrian and vehicular traffic; and
(10) 
To accomplish the above purposes by regulation of the construction, erection, alteration, location, and maintenance of signs.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
(a) 
Rules of construction. The words and terms used, defined, interpreted or further described in this chapter shall be construed as follows:
(1) 
The particular controls the general.
(2) 
The present tense includes the future tense.
(3) 
Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
(4) 
The phrase "used for" includes "arranged for," "designed for," "maintained for," and "occupied for."
(5) 
The word "shall" is mandatory.
(6) 
The word "may" is permissive.
(b) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
"Abandoned sign"
shall mean a sign which no longer identifies or advertises a bona fide business, lessor, lessee, service, owner, product or activity, or no longer serves its purpose, or for which no legal owner can be found. A sign which is located on property which becomes vacant and unoccupied for a period of 30 days or more, or a sign which pertains to a time, event or purpose which no longer applies, shall be considered abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be abandoned unless the property remains vacant or the business is closed for a period of 30 days or more.
"Accessory use"
shall mean a use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.
"Access point"
shall mean that point on the vehicular right-of-way or pedestrian walkway at which or from which the public is afforded an entrance to the property or the establishment of the sign owner. Some properties or establishments may have more than one access point.
"Animated sign"
shall mean a sign which uses movement or change of lighting to depict action or create a special effect or scene.
"Architectural projection"
shall mean any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, not including signs.
"Awning"
shall mean a shelter which projects from and is supported by the exterior wall of a building and is constructed of nonrigid materials on a supporting framework.
"Awning sign"
shall mean a sign painted on, printed on or attached flat against the surface of an awning, and is considered a projecting sign. No awning sign shall project above the top nor from the face of the awning upon which it is mounted.
"Banner"
shall mean a sign made of fabric or any non-rigid material with no enclosing framework. Banners may be suspended on the exterior of buildings or free-hanging from a flagpole and shall be weighted so as to reduce flapping.
"Billboard"
shall mean a sign which directs attention to a location other than the premises on which the sign is located.
"Building elevation"
shall mean the surface of any exterior wall of the building, including windows, doors and storefronts.
"Cabinet"
shall mean the generally hollow portion of a sign to which, or in which, is attached the means of illumination of such sign and to which the face of translucent materials is attached or on which advertising copy is painted.
"Canopy sign"
shall mean a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground. A canopy sign is considered a projecting sign.
"Changeable copy sign (automatic)"
shall mean a sign on which the copy changes automatically, such as electrical or electronic time and temperature units.
"Changeable copy sign (manual)"
shall mean a sign on which copy is changed manually in the field, such as reader boards with changeable letters.
"Clearance (of a sign)"
shall mean the smallest vertical distance between the grade of the adjacent street or lot and the lowest point of any sign, including the framework and embellishments, extending over the grade.
"Comprehensive sign plan"
shall mean the building elevations and site plan of any building, lot, parcel, collection of parcels or other premises, showing the number, size, description, color, copy, materials and location of all signs thereon.
"Copy"
shall mean the wording on a sign surface in either permanent or removable letter form.
"Double-faced sign"
shall mean a sign with two faces which, if not parallel, then with an interior angle of not greater than 90 degrees.
"Electrical sign"
shall mean a sign or sign structure in which electrical wiring, connections or fixtures are used.
"Exempt sign"
shall mean a sign exempted from the normal permit requirements, including the requirement for a fee, but not including any size limitations.
"Façade"
shall mean the entire building front including the parapet. (Cf. Building elevation).
"Face of a sign"
shall mean the area of a sign on which the copy is placed.
"Flag"
shall mean a non-rigid fabric attached to a pole.
"Flashing sign"
shall mean signs with lights or illuminations which flash, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations; does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light.
"Freestanding sign"
shall mean a sign supported upon the ground by poles or braces and not attached to any building, excluding sandwich board signs and yard signs.
"Government sign"
shall mean any temporary or permanent sign erected and maintained by the town, county, state, or federal government, on public or private property, including signs required for public utility notification.
"Height (of a sign)"
shall mean the vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the grade of the street or lot.
"Illegal sign"
shall mean a sign which does not meet the requirements of this chapter and which has not received legal non-conforming status.
"Illuminated sign"
shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. Indirect lighting may be used to illuminate any sign provided that the source of light shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street, adjacent property or interfere with the visibility of vehicle drivers.
"Interior sign"
shall mean any sign placed within the building regardless of whether its message is visible to the exterior of the building, but not including window signs. Interior signs are not regulated by the provisions of this chapter.
"Lot"
shall mean a parcel of land legally defined on a subdivision map recorded with the county clerk and recorder of the county.
"Luminescent sign"
shall mean a sign which contains any light produced thereon by the action of electricity on an enclosed gas, such as neon, argon or other gasses, but not including a fluorescent light.
"Maintenance"
shall mean the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, color, structure or location of the sign.
"Main use"
shall mean the principal or primary activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
"Mansard"
shall mean a sloped roof or roof-like facade architecturally comparable to a building wall.
"Marquee"
shall mean a permanent roof-like structure or canopy of rigid materials supported by, and extending from, the facade of a building.
"Marquee sign"
shall mean any sign attached to or supported by a marquee structure. Marquee signs shall be considered wall signs for the purposes of this chapter.
"Modification"
shall mean a relaxation of the terms of these regulations where the intent of these regulations may be fulfilled by using an alternative design, or where strict application of these regulations may jeopardize the health, safety, or welfare of the citizens. A modification may be granted by the planning commission, but its decision can be appealed to the town council by any citizen of the town.
"Module"
shall mean one section of a sign or sign display either single-faced, double-faced or multifaced, projecting from or mounted flat to a wall or on a freestanding sign structure.
"Multifaced sign"
shall mean any sign having more than two faces.
"Multiple occupant building"
shall mean a building designed for occupation by two or more businesses or occupants where each unit is structurally separated from the others and has its own entrance, either exterior or interior.
"Non-conforming sign"
shall mean a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations, or a sign which does not conform to the sign code requirements but for which a special permit has been issued.
"Occupancy"
shall mean the portion of a building or premises owned, leased, rented or otherwise occupied for given uses.
"Owner"
shall mean a person recorded as such on official records. For the purposes of this chapter, the owner of the property or business to which a sign refers is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the zoning administrator, such as a sign leased from a sign company.
"Painted wall sign"
shall mean any painted scene, figure or decorative design which is applied with paint or a similar substance on the face of a wall including murals. Painted wall signs shall be considered wall signs for the purposes of this chapter.
"Parapet"
shall mean the extension of a false front or wall above a roofline.
"Permanent sign"
shall mean any sign which is permanently affixed or attached to the ground or to any structure.
"Person"
shall mean any individual, corporation, association, firm, partnership, trust or similarly defined interest.
"Pole covers"
shall mean covers enclosing or decorating poles or other structural supports of a sign.
"Portable sign"
shall mean any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
"Premises"
shall mean a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
"Projecting sign"
shall mean a sign, other than a wall sign, which is attached to and projects from a building wall a distance of nine inches or more, or is attached to any other structure in a like manner, which structure was not designed for the sole support of the sign. Awning, canopy, hanging and under-canopy signs are included in the provisions controlling projecting signs.
"Rear entrance sign"
shall mean a sign affixed to the wall above or adjacent to a rear entrance to the structure.
"Reflective sign"
shall mean a sign which contains any material or device which has the effect of intensifying reflected light, such as Scotchlite, Day Glo, glass beads and luminous paint.
"Roof sign"
shall mean any sign which is attached to or painted on the roof of a building or erected to extend over or on the roofline of a building.
"Roofline"
shall mean the top edge of a roof.
"Rotating sign"
shall mean a sign in which the sign itself, or any portion of the sign, moves in a revolving manner. Such motion does not refer to methods of changing copy.
"Sandwich board sign"
shall mean a sign with two faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting.
Sign, area of:
(1) 
Aggregate sign area
shall mean the total area of all signs, including the advertising surface and any framing, trim or molding around the perimeter of the sign face.
(2) 
Projecting and freestanding signs.
The area of such signs shall have only one face (the larger one) counted of each double-faced sign module in calculating the area, providing any one interior angle formed by the planes of the sign faces does not exceed 90 degrees. The sign area of a multifaced sign shall be calculated by adding the area of all sign faces except one. If the areas of the sign faces differ, the smallest sign face shall be the one excluded from the calculation. The total sign area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding, but shall not include the supporting structure or decorative roofing, provided that there is not written advertising copy on such structures. The area of irregularly shaped signs shall be determined by the sum of not more than the sum of three geometric figures for which the area can be calculated.
(3) 
Wall signs.
If the sign is a separate material attached to the wall, the area shall be the face of the sign, including any framing, trim or molding. If a sign is composed of individual letters or symbols using the wall as background (signs without backing) with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of a geometric figure encompassing all the letters, symbols and decoration.
"Sign backing"
shall mean any sign that is displayed upon, against or through any material, color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in, nor otherwise made a part of any larger display area.
"Sign structure"
shall mean any structure which only supports, has supported, or is capable of supporting a sign and has no other purpose.
"Single business building"
shall mean a structure or lot containing one business or several related businesses under any form of common ownership. If two or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one business.
"Snipe sign"
shall mean a temporary sign, poster or flyer affixed to a tree, utility pole, fence, side of a structure, vehicle or any roadside object.
"Special event permit sign"
shall mean a sign located within the permitted event area and which are for the operation or administration of the special event.
"Statuary sign"
shall mean any sign which is a three-dimensional, sculptured or molded representation of an animate or inanimate object.
"Temporary sign"
shall mean a sign or advertising display constructed of cloth, canvas, fabric, plywood or other light materials and erected for short-term use as set forth in this chapter.
"Under-canopy sign"
shall mean a sign suspended beneath a canopy, ceiling, roof or marquee. An under-canopy sign is considered a projecting sign.
"Vehicular sign"
shall mean a sign which is affixed to a vehicle or trailer in such manner that the carrying of such sign or signs is no longer incident to the vehicle's primary purpose. This definition does not apply to signs on vehicles when in motion or to van-type trailers used on construction sites or in a place of storage but not stored in such a way as to purport to advertise.
"Walking sign"
shall mean a portable sandwich board-type sign carried on the shoulders of a person or transported by other means.
"Wall sign"
shall mean a sign attached parallel to and extending not more than nine inches from the wall of a building. This definition includes painted, individual letter and cabinet signs; signs on marquees or canopies; and window signs. For the purposes of computing aggregate sign area, this definition also includes awning signs, projecting signs, under-canopy signs, vending machine signs and window signs.
"Wayfinding sign"
shall mean a town-erected and -maintained sign that is directional, trail, transportation, informational, or similar and is consistent with the town's adopted wayfinding plan.
"Wind-driven signs"
shall mean a sign consisting of one or a series of two or more pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
"Window sign"
shall mean a sign installed on the inside or outside of a window and intended to be viewed from the outside.
"Yard sign"
shall mean a temporary, portable sign displayed on a lot or on premises designed or intended to be displayed for a limited period of time.
"Zoning administrator"
shall mean that person designated by the town manager who is responsible for the enforcement of the provisions of this chapter.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 15-3, § 1, 5-5-15; Ord. No. 17-3, § 1, 8-1-17; Ord. No. 23-04, § 1, 5-2-23)
(a) 
The following signs shall be exempt from the provisions of this chapter:
(1) 
Government signs;
(2) 
Wayfinding signs.
(b) 
The following signs shall not require permits, but must meet all the requirements of signs requiring permits and may not exceed the specified height and size as stated in this chapter:
(1) 
Flags. Flags shall not exceed 40 square feet in size and no flagpole shall be higher than (40) feet above the ground;
(2) 
Temporary signs, except for those placed in the town's rights-of-way. Unless expressly allowed elsewhere in this chapter, a temporary sign shall be removed upon completion of the purpose for which it was erected;
(3) 
Yard signs. Yard signs shall have an aggregate maximum of 24 square feet with no individual sign more than six square feet. Yard signs shall have a maximum height of four feet measured from the ground;
(4) 
Signs not visible beyond a property line;
(5) 
Special Event Signs. Special event signs shall be located within the permitted event area. A special event sign outside of the permitted event area requires a permit. The zoning administrator may waive the permit fee.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17; Ord. No. 23-04, § 1, 5-2-23)
The following signs are prohibited:
(a) 
A sign which is structurally unsafe, or constitutes a hazard to the safety or health of any person by reason of inadequate maintenance or dilapidation, or which is not kept in good repair or is capable of causing electrical shocks to persons likely to come in contact with it;
(b) 
Signs imitating or resembling official traffic or government signs or signals, or signs other than government signs using any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle or in any other way creating an unsafe distraction for motor vehicle operators;
(c) 
Flashing, animated or rotating signs, except for dials and gauges animated to the extent necessary to display correct information;
(d) 
Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare, or which obstruct free ingress to or egress from a required door, window, fire escape or other required exitway;
(e) 
Non-conforming signs;
(f) 
Signs erected on a public right-of-way without proper authorization;
(g) 
Wind-driven signs;
(h) 
Searchlights;
(i) 
Roof signs;
(j) 
Signs that swing;
(k) 
Signs which require guy wires for support;
(l) 
Vehicular signs;
(m) 
Billboards;
(n) 
Snipe signs;
(o) 
Luminescent signs, exterior, or as window signs greater than four square feet;
(p) 
Walking signs;
(q) 
Signs containing an obscene statement, word or picture describing or depicting sexual activities or sexual anatomical areas; and
(r) 
Signs with messages that are intended to incite imminent unlawful action(s).
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 15-3, § 2, 5-5-15; Ord. No. 17-3, § 1, 8-1-17)
(a) 
It shall be unlawful hereafter to display, construct, erect, alter, use or maintain any sign or other advertising structure except in conformance with the provisions of this chapter. It shall be unlawful to alter or enlarge any sign or other advertising structure erected or constructed prior to enactment of this chapter except in conformance with the provisions set forth in this chapter.
(b) 
It shall be unlawful for any person to perform or order the performance of any act which is contrary to the provisions of this chapter, or to fail to perform any act which is required by any of the provisions of this chapter.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
All persons involved in the maintenance, installation, alteration or relocation of signs near or upon any public right-of-way or public property shall be deemed to have agreed to hold harmless and indemnify the town, its officers, agents and employees against any and all claims of negligence resulting from such work insofar as this chapter has not specifically directed the placement of a sign.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
All signs shall be properly maintained. Exposed surfaces shall be clean and painted as required. Defective parts shall be diligently replaced. The zoning administrator shall have the authority to order repairs or repainting as necessary.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
(a) 
Permanent signs shall be built of materials which when first installed will be maintenance free with regard to appearance for a minimum of three years and require maintenance thereafter at intervals of no less than two years. Metal sign components shall be noncorrosive or coated with suitable paint to prevent corrosion within the time limits specified above.
(b) 
Exterior temporary signs shall be constructed of a material suitable for the ambient conditions for the temporary terms the sign is to be erected.
(c) 
Sandwich board signs located in the business district or in business district sections of PUDs shall have a stained wooden frame unless approved by the zoning administrator.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 15-3, § 3, 5-5-15; Ord. No. 17-3, § 1, 8-1-17)
Indirect lighting may be used to illuminate any sign, provided that the source of light shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property and so as not to interfere with the vision of vehicle drivers. The light source shall be fully recessed in the lighting fixture and the lighting shall generally come from above and shine in a downward direction. Lighting considered by the zoning administrator to be obtrusive due to quantity, quality, glare, direction, or color is prohibited.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
(a) 
Freestanding or projecting signs and sign structures shall be engineered to withstand a wind loading of a minimum of 30 pounds per square foot of sign area without failure of face retention system or sign structure. Engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted with the drawings at the times of permit application if required by the zoning administrator. Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe condition shall constitute a violation under the provisions of this chapter and shall be removed or corrected by the sign owner under the provisions of section 16-12 of this chapter.
(b) 
Electrical wiring to a sign for any purpose shall be underground.
(c) 
All freestanding and ground signs shall be self-supporting. Signs mounted on marquees, or projecting signs, shall be engineered such that no guy wires are needed for support.
(d) 
Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
(a) 
If the zoning administrator shall find that any sign or other advertising structure as defined in this chapter is unsafe or insecure, is a menace to the public, is a prohibited sign, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, the zoning administrator shall immediately give written notice to the permittee thereof, or, if there is no permittee on file with the town, then to the owner of the property upon which the subject sign or advertising structure is located.
(b) 
Such notice shall be served upon such person, by certified mail at the last known address of the permittee, or the land owner, as on file in the office of the town, or in person, by the zoning administrator, an authorized agent, or by a duly authorized member or officer of the police department.
(c) 
If such permittee or owner fails to remove or alter the structure so as to comply with the standards set forth in this chapter within five working days after service of such notice upon him or her, the sign or structure may be removed by the zoning administrator at the expense of the permittee or owner of the property upon which it is located.
(d) 
All costs incurred by the town for removing or altering the structure so as to comply with this chapter, along with reasonable attorneys' fees and costs incurred, shall be a lien against the property upon which such structure is located until paid, and shall have priority over all such liens except general taxes and prior special assessments. Liens imposed pursuant to this chapter shall be created and foreclosed in the same manner as provided for general mechanics liens.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 14-9, § 1, 12-2-14; Ord. No. 17-3, § 1, 8-1-17)
(a) 
The zoning administrator may cause any sign as defined in this article which is an immediate peril to personal property to be removed summarily and without notice.
(b) 
An abandoned sign is to be removed by the owner of the sign or the owner of the premises within 10 days. If, upon inspection, the zoning administrator finds that a sign is abandoned, the zoning administrator shall issue a written order to the owner of the sign and/or owner or occupant of the premises upon which such sign is located stating the nature of the violation and requiring such person to remove the signs within 10 days from the date of mailing of such order. An abandoned sign not removed within 10 days may be removed by the zoning administrator. If the sign or sign structure is suitably covered or the identifying symbols or letters removed, an extension of time may be granted by the zoning administrator upon good cause for such extension being shown, provided the sign is conforming.
If the sign is nonconforming, the sign or sign structure shall be removed if the property remains vacant for a period of 30 days or more. This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided there is clear intent to continue operation of the business.
(c) 
In cases of emergency including signs that are structurally, materially or electrically defective, or in any way endangering the public, the zoning administrator may cause the immediate removal of such sign without notice, and at the expense of the owner of the sign or premises.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)
(a) 
The owner, builder or developer of a new building or structure designed for occupation by two or more separate occupants or businesses shall present to the planning commission at the time of design review or site specific review approval a comprehensive sign plan showing proposed sign locations, types and methods of allocating signs and allowances to tenants' use. The comprehensive sign plan will demonstrate coordinated signage by maintaining a certain uniformity of appearance through the consistent application of three out of the following six elements: color, size, shape, materials, graphics, or mounting. All proposed locations of signs shall be shown.
(b) 
The owner and/or property manager (with the owner's written permission) shall allocate the total sign allowance for the building among the occupants. The aggregate sign area for wall signs, window signs, projecting signs and exempt signs, shall not exceed 5% of each building elevation, with any one wall sign not exceeding 20 square feet or 3%, of the building elevation upon which it is placed, whichever is greater.
(c) 
An amendment to the comprehensive sign plan shall be submitted upon any change in use or ownership requiring a change in the previously approved comprehensive sign plan.
(d) 
The zoning administrator will not accept any sign permit application not in accordance with the current comprehensive sign plan.
(Ord. No. 98-12, § 1, 9-14-98; Ord. No. 17-3, § 1, 8-1-17)