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.
"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).
"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.
"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.
"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.