(A) Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare through reasonable, consistent, and non-discriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs, especially the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety.
(B) Exempt signs. The following signs are exempt from this section:
(1) Government signs, including signs erected by the town for government purposes;
(2) Signs located entirely inside the premises of a building or enclosed space, other than window signs;
(3) Signs on a vehicle, other than an unlawful vehicle sign;
(4) Signs protected by state statute;
(5) Traffic control device signs;
(6) Public art, including public art murals.
(C) Prohibited signs. The following signs are prohibited unless protected by state statute, or otherwise allowed in this section:
(1) Abandoned signs;
(2) Signs that are animated, blink, flash, move, rotate, or have scrolling text;
(3) Balloon or inflatable signs;
(4) Billboards or off-premise advertising signs;
(5) Pole signs;
(6) Reflective or fluorescent signs;
(7) Signs attached to or painted on trees or natural features;
(8) Signs within the right-of-way;
(9) Signs installed, attached to, or painted on fences;
(10) Signs or sign support structures obstructing a means of egress, including any fire escape, window, door opening, stairway, exit, walkway, any utility access, or fire department connection;
(11) Signs interfering with any opening required for ventilation;
(12) Signs resembling traffic control device signs;
(13) Signs with exposed raceways;
(14) Snipe or bandit signs;
(15) Unlawful vehicle signs.
(D) Sign plans and sign program.
(1) Comprehensive sign programs. A comprehensive sign program is required for all projects consisting of multi-tenant buildings, nonresidential complexes with multiple buildings, or large-scale mixed-use developments. A comprehensive sign program provides design compatibility for all signs and integrates sign design with the architecture of the buildings. The comprehensive sign program must set design standards including: sign types, placement, size, design, colors, materials, textures, and method of illumination, as well as provide for the safe navigation for vehicles and pedestrians. If a sign subject to the comprehensive sign program complies with all the requirements of this chapter, it may be approved administratively. In determining approval, the Administrator must not base any approval on the message content of a sign.
(2) Master sign plans. The Plan Commission may approve a master sign plan as an alternative to the requirements set forth in division (I) for the following uses and developments:
(a) Multiple-tenant commercial, office, or employment uses;
(b) A multiple-building complex for a single commercial or employment use in a project exceeding 40 net acres;
(b) Stand-alone office/employment buildings exceeding 100,000 square feet;
(c) Indoor or outdoor entertainment and recreation uses;
(d) Auto malls;
(e) Hospitals;
(f) Hotels and commercial lodging having at least 150 guest rooms and a full-service restaurant or conference and meeting rooms;
(g) Regional retail shopping malls.
1. Conditions. The Plan Commission may attach conditions as necessary to assure the signs covered by the master sign plan will not be materially detrimental to persons or property in the vicinity. In making its determination, the Plan Commission must not base any condition on the message content of a sign.
2. Evaluation criteria. Master sign plans are evaluated on the following criteria:
a. Placement. Signs must be placed where they are visible and legible. Consideration is given to a sign's location relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and angles. Wall signs may be approved on building walls other than the wall of the space occupied by the tenant in commercial centers where tenants have little or no visibility from the street.
b. Quantity. The number of signs approved within any development must be sufficient for internal traffic and navigation for vehicles and pedestrians.
c. Size. Signs must be no larger than necessary for visibility and legibility. A master sign plan must not contain a freestanding sign exceeding any maximum height standard permitted by this chapter by more than 50%. A master sign plan must not contain a wall sign exceeding any maximum sign area standard permitted by this chapter by more than 25%.
d. Design features and materials. Sign design themes and materials must be compatible with the architecture, colors, and materials of the project.
e. Development standards. The Plan Commission may not reduce any sign development standard to less than 50% of any minimum standard, nor increase any sign development standard by more than 100% of the maximum standard. The Plan Commission must not base any decision on the message content of a sign.
f. Amendments. The Administrator may approve minor amendments to a master sign plan involving noncommunicative activity, where such changes are determined to have little or no visual impact and are consistent with the intent of the original approval.
(E) Review of sign applications for permanent signs. Applications for permanent signs are considered by the Plan Commission, except for those applications subject to administrative approval by the Administrator. Approval for a permanent sign may be by:
(1) A comprehensive sign program;
(2) A master sign plan; or
(3) A separate Administrative Design Review application approved by the Administrator.
(F) General provisions for signs. The following general provisions for signs apply to this chapter and to all lawful conforming and nonconforming signs, unless otherwise indicated.
(1) Viewpoint neutrality. Unless stated to the contrary in this chapter, no sign or sign structure is subject to any limitation based upon the viewpoint of the message contained on the sign or displayed on the sign structure. It is the policy of the town to regulate signs to not favor commercial speech over noncommercial speech. The town does not regulate protected noncommercial speech by message content. Within this chapter, distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to noncommercial messages.
(2) Substitution of noncommercial speech for commercial speech. A sign may contain a noncommercial message instead of a commercial message. The noncommercial copy may be substituted in for the commercial copy. The noncommercial copy may occupy all or part of the entire sign face. The sign face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another noncommercial message, provided there is no change in the sign structure.
(3) Approval criteria. When reviewing a sign permit or other sign approval, consideration is given to the following:
(a) The location and placement of the sign will not endanger motorists
(b) The sign will not interfere with the prominent view of a structure or facade of historical or architectural significance;
(c) The sign will not obstruct views of users or adjacent buildings to side yards, front yards or open space;
(d) The sign will not adversely impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, or courtyard;
(e) The sign is compatible with existing neighborhood building heights;
(f) The sign's lighting will not cause hazardous or unsafe driving conditions.
(4) Consent of legal owner of property. Except as required by state law, no sign may be displayed without the consent of the legal owner of the property where the sign is mounted or displayed.
(5) Signs on public property. Except as required by state law or otherwise permitted by this chapter, a sign installed or placed on public property is deemed illegal, forfeited to the public, and subject to confiscation. In addition to other remedies in this chapter, the town has the right to recover the cost of removal and disposal of the sign from the owner or person placing such sign.
(6) Placement of signs.
(a) An encroachment permit from the town is required prior to installing a permanent sign projecting into or over the public right-of-way.
(b) The lowest portion of any sign extending over an area intended for pedestrian use must be at least eight feet above finished grade.
(c) The lowest portion of any sign extending over an area intended for vehicular use must be at least 14 feet above the finished grade.
(d) Any sign placed on a sidewalk or other public right of way must comply with this chapter and applicable provisions of the Americans with Disability Act.
(e) Signs are prohibited within sight visibility triangles, except for appropriately placed traffic control device signs.
(7) Flag brackets and stanchions. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags.
(8) Measurement of sign area. The area of a sign is measured or calculated as follows (Figure 5-8):
(a) Background panel signs. Sign copy on a panel or area distinctively colored or constructed as a background is measured as the area contained within the sum of the geometric shapes enclosing both the sign copy and the background.
(b) Background surface signs. The area of a sign consisting of copy mounted as individual letters or graphics against a wall or building surface, that is not altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest geometric shapes enclosing each word, graphic or discrete visual element in the total sign.
(c) Illuminated background signs. The area of a sign with copy on an illuminated surface is measured as the entire illuminated surface containing sign copy.
(d) Double-faced signs. If a sign has two display faces, and the interior angle between the two faces is 30 degrees or less, the sign area is one sign face only. If the two faces are different sizes, the larger sign face is used. If the sign has two display faces and the interior angle between the two faces is greater than 30 degrees, then the sign area is the sum of the areas of the two sign faces.
(e) Multi-faced signs. If a sign has three or more faces, the sign area is equal to 50% of the aggregate area of all sign faces.
(9) Measurement of sign height. The height of a freestanding sign is measured as the vertical distance from the average finished grade below the sign to the top edge of the highest portion of the sign (Figure 5-9). Any mounding or excavating solely for the purposes of increasing the height of the sign is included in this measurement. The maximum height limit excludes architectural embellishments less than 36 inches at the base of the sign and less than 18 inches at the top of the sign. For the purposes of this section, average finished grade below the sign is the lower of (a) the lowest elevation where the base of the sign meets ground level; or (b) the top of the curb of the nearest public street adjoining the property; or (c) the grade of the land at the principal entrance to the lot.
(10) Signs must provide at least six feet horizontal clearance and 12 feet overhead clearance from electrical conductors and from communications equipment or lines. Signs and their supporting structures must not interfere with surface and underground utilities or drainage systems.
(11) The Administrator or Building Commissioner may order the repair of signs declared a nuisance, and, with or without notice, may remove a structurally unsafe sign if it presents an immediate peril to the public health or safety.
(12) Replacement of a tenant sign panel containing the same design as the original on an approved sign structure with removable panels does not require a permit. Any tenant panel that is vacant or missing must be replaced within 30 days.
(13) When a tenant vacates a building suite, the fascia of the wall sign band must be repaired to its surrounding texture and color within 45 days of sign removal.
(G) Temporary signs. A temporary sign is not permanently attached to the ground, a building or another structure and is designed to be displayed temporarily. Unless otherwise provided in this section, temporary signs must meet the criteria below. A temporary sign may be displayed as a ground sign, wall sign, or a window sign.
(1) General criteria for temporary signs. A temporary sign is unlawful unless it meets the criteria established for the zoning district where it is located as described in Table 5-4. The general criteria and limitations in this section do not apply to A-frame and T-frame signs, banner signs, flying banner signs, flags, and umbrella signs.
(2) A-frame signs and T-frame signs. A-frame signs are portable, stand-alone signs comprised of two separate panels or faces joined at the top and spread apart at the bottom to form a base upon which the sign stands. A T-frame sign. Is a portable, stand-alone sign comprised of one single double-sided panel joined at the bottom to a spread apart base upon which the sign stands.
(3) A-frame signs and T-frame signs are unlawful unless they meet the criteria and limitations set forth in Table 5-5: Temporary Signs.
(a) A-frame signs and T-frame signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) A-frame signs and T-frame signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in good condition.
(c) A-frame signs and T-frame signs must be placed at grade level and not in medians, across the street from the business being advertised, or on multi-use pathways.
(d) The purchase and placement of A-frame signs and T-frame signs is not a substantial capital investment in the advertised business. Modification of the regulations resulting in further restriction or prohibition makes the signs illegal nonconforming signs that must comply with the new regulations.
(4) Banner signs. Banner signs are temporary signs of fabric, plastic, paper or other light pliable material not enclosed in a rigid frame. Banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses. Banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(5) Flying banner signs. A flying banner is a portable, stand-alone sign comprised of light fabric that moves with the wind, can turn 360 degrees, and is supported by a pole structure and a base. Flying banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(a) Flying banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) Flying banner signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in a professional manner.
(c) Flying banner signs must be placed at grade level and must not be placed in medians, across the street from the business being advertised on multi-use pathways.
(6) Sign walkers. A sign walker is a person waving "sales theme signs" with arrows at entrances to major highways or at corners of high traffic intersections directing customers to a sale. Also called sign twirlers, sign holders, human billboards. Sign walkers are permitted in all zoning districts. Sign walkers must comply with state law and meet the following criteria and limitations:
(a) Sign walkers must be located:
1. At grade level;
2. Thirty feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists;
3. Five feet from the street measured from the back of curb or edge of pavement if no curb exists;
4. Sign walkers must yield right-of-way to pedestrians, bicycles and others on the sidewalks.
(b) Sign walkers must not be located:
1. In medians;
2. In parking aisles or stalls;
3. In driving lanes or driveways;
4. On multi-use pathways;
5. Where less than four feet clear passage is provided on a sidewalk or pathway;
6. On fences, planters, other signs, vehicles, utility facilities, or any structure;
7. Within 20 feet from any other sign walker;
8. In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists.
(c) The sign must be displayed only when the business is open to conduct business and always held, worn, or balanced.
(d) The following are prohibited:
1. Any form of illumination, including flashing, blinking, or rotating;
2. Animation on the sign;
3. Mirrors or other reflective materials; or
4. Attachments including balloons, ribbons, speakers.
(7) Temporary residential subdivision signs. Temporary residential subdivision signs are permitted in single-family residential districts for each builder in a recorded subdivision plat. Temporary residential subdivision signs must meet the criteria and limitations set forth in the Table 5-5: Temporary Signs.
(8) Offsite temporary signs on private property. Offsite temporary signs are permitted in all zoning districts on unimproved lots or parcels of ten acres or more subject to criteria and limitations set forth in Table 5-5: Temporary Signs.
(H) Permanent sign lighting and changing message displays. The following general criteria and limitations for lighting and changing message displays must apply to permanent signs.
(1) General lighting standards. The illumination of signs must meet all regulations of the lighting standards in § 154.111.
(a) Except for changing message displays and marquee signs, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of illumination are prohibited.
(b) Exposed light sources are prohibited except for marquee signs. Light sources must be shielded to prevent light trespass onto adjacent properties.
(c) Exposed neon tube type illumination can only be used in commercial districts, subject to administrative approval of a comprehensive sign program or master sign plan. Exposed neon tubing must be appropriately sized. Exposed neon tube type illumination is prohibited in all other zoning districts.
(2) Sign illumination.
(a) Permanent sign on a parcel in a residential district. Except for an identification sign at the entrance of a residential subdivision, a permanent sign located on a parcel in a residential district cannot be separately or specially illuminated, unless otherwise specified in this chapter.
(b) Permanent sign on a parcel in a nonresidential district. A permanent sign on a parcel in a nonresidential district may be illuminated by internal illumination, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified in this chapter.
(c) Internal illumination. Outdoor internally illuminated signs must be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics.
(d) External indirect illumination. Externally lit signs must be illuminated only with steady, stationary, and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon) used for illuminating a sign must not be visible from the adjacent public rights-of-way and residential properties.
(e) Illumination of signs adjacent to single family residential uses. Signs located within 50 feet of a singlefamily district cannot be internally illuminated.
(3) Manual changing message displays. One-half the area of a freestanding monument or marquee sign may be a manual changing message display, subject to the criteria and limitations of this chapter.
(4) Electronic changing message displays. An electronic changeable message sign is a portion of a sign where copy and images are changed electronically, including a sign with a fixed or changing display/message composed of a series of lights that is changed through electronic means. The entire sign face of a freestanding monument, tower sign, and freeway sign may be an electronic changing message display if located within a zoning district where allowed and subject to the following operational limitations. For nonresidential uses in residential districts, one-half of the sign face of a freestanding monument sign may be an electronic changing message display, subject to the following operation limitations.
(a) Display. An electronic changing message display may be in full color.
(b) Minimum display time. An electronic changing message display must not change more than once every eight seconds.
(c) Transition method. An electronic changing message display must change by an instant change method.
(d) Illumination levels. An electronic changing message display must incorporate automatic dimming technology that adjusts to ambient light conditions. Displays must have a brightness level no greater than 0.3-foot candles above ambient light conditions.
(e) Maintenance. An electronic changing message display that ceases to operate in its normal programmed manner must be repaired or disconnected within 48 hours of the initial malfunction.
(I) Permanent sign types. The following types of permanent signs are allowed in one or more zoning districts, as more specifically set forth below.
(1) Street address signs.
(a) A sign permit is not required for street address signs.
(b) Each single-family dwelling unit must be clearly identified by a street address for first responders to locate the dwelling unit. The street address sign is a maximum of three square feet in sign area.
(c) Each multi-family dwelling unit must be clearly identified by a street address sign for first responders to locate the unit. The street address sign may be externally illuminated. The street address sign or unit and building identification signs is a maximum of six square feet in sign area.
(d) Each location of a business or nonresidential use must be clearly identified by a street address for first responders to locate. The street address sign may be externally or internally illuminated. The street address sign is a maximum of six square feet in sign area.
(2) Unit and building identification signs.
(a) A sign permit is not required for unit and building identification signs.
(b) Each multi-family dwelling unit must be clearly identified by a unit and building identification sign for first responders to locate unit, unless the unit or building has a street address sign that is specific to that unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(c) Each location of a business or nonresidential use must be identified by a unit and building identification sign for first responders to locate the unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(3) Wall signs in residential uses. A wall sign is any sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(a) Each single-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign. This sign is allowed in addition to the required street address sign for a single-family dwelling unit.
(b) Each individual dwelling unit in a multi-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign.
(4) Wall signs in nonresidential uses.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign is 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in sign area; and
3. Be installed no higher than 14 feet above grade.
(f) Wall sign area: buildings one-story in height. Wall signs on a building one-story in height must conform to the following criteria:
1. Each tenant suite is permitted a wall sign which may be located on any exterior wall of the tenant or user suite.
2. Each tenant suite is limited to a wall sign with a sign area no greater than the total sign allowance area defined below for: (i) the longest building elevation of the tenant or user suite facing the street; or (ii) the length of the building elevation of the tenant suite where its principal entrance is located.
3. For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
4. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. In no event can the double sign allowance area be used on a single elevation.
5. Approval is required through a comprehensive sign program and/or a master sign plan if the building is a multi-tenant building.
(g) Wall sign area: buildings two stories in height. Wall signs on multiple floors of a building two stories in height must conform to the following criteria.
1. Individual tenant signs located on the first floor of a building two stories in height are subject to the same criteria as tenant signs for a building one-story in height, as set forth in division (F)(4)(f)) above.
2. Individual tenant signs and building signs located on the second floor of a building two stories in height is 32 square feet in sign area. Individual tenant signs and any building signs may be placed on any approved sign band or wall space on the second floor. The maximum wall sign area, including all tenant signs and building signs, must not exceed 50% of the lineal building elevation on the second floor.
3. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area cannot be used on a single elevation.
4. Approval is required through either a comprehensive sign program or a master sign plan.
(h) Wall sign area: buildings three or more stories in height. Wall signs located on buildings three or more stories in height are limited to the first floor and top floor and must conform to the following criteria.
(i) Individual tenant signs located on the first floor are subject to the same criteria as tenant signs for a building one story in height, as set forth in division (F)(4)(f) above.
(j) The sign area for a wall sign on the top floor is not counted against the sign allowance area of a wall sign on the first floor. Wall signs located on the top floor are limited to either: (a) one building sign and one tenant sign or (b) two tenant signs. A wall sign located on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(k) Buildings with two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area be used on a single elevation.
(l) Approval is required through either a comprehensive sign program or a master sign plan.
(5) Wall signs for nonresidential uses in residential zoning districts.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign must not exceed 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in area; and
3. Be installed no higher than 14 feet above grade.
(6) Wall sign area: buildings one or more stories in height. Wall signs must only be located on one floor of a single-story or multi-story building and must meet the following criteria.
(a) Each tenant suite is permitted a wall sign with a minimum sign area of 32 square feet on any exterior wall of the tenant suite on the first floor of the one-story building.
(b) Each tenant suite is limited to a total wall sign area no greater than the total sign allowance area, defined below for (i) the longest building elevation of the tenant suite facing the street; or (ii) the length of the building elevation of the tenant suite where the principal business entrance is located.
(c) For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
(d) A tenant suite with two or more building elevations facing streets and/or main private circulation drives is permitted twice the sign allowance area. The double sign allowance cannot be used on a single elevation.
(e) If the top floor of a multi-story building is chosen for the allowable wall signs, the top floor wall signs are limited to either (i) one building sign and one tenant sign; or (ii) two tenant signs. A wall sign on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(f) Approval is required through a comprehensive sign program or master sign plan.
(7) Painted wall signs. In business districts, painted wall signs are permitted on any exterior building wall of the tenant suite. The sign area of a painted wall sign must be included in the sign allowance area. Painted wall signs may be indirectly illuminated with lighting fixtures that are decorative and architecturally compatible with the building.
(8) Wall signs at entrances to non-residential tenant offices or suites. Each nonresidential tenant suite may have one permanent wall sign not to exceed three square feet in area. This allowed sign is in addition to any required street address sign and unit and building identification sign. A sign permit is not required for this type of sign.
(9) Wall signs at entrances to restaurants. In addition to any other wall sign allowance, a restaurant is allowed one wall sign installed within ten feet of its main entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(10) Wall signs at service and delivery entrances. In addition to any other wall sign allowance, a service or delivery entrance is allowed one permanent wall sign installed within ten feet of its entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(11) Window signs. A window sign is any sign that is placed inside a window or upon the windowpanes or glass either inside or outside the building and is visible from the exterior of the structure. Window signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with nonresidential uses as a permanent wall sign. The window sign cannot cover more than 25% of the window area. Window signs may be internally illuminated. A sign permit is not required for a window sign.
(12) Door signs. Door signs are permitted provided that the door sign does not cover more than 25% of the door area. Door signs must not be illuminated. A sign permit is not required for a door sign.
(13) Wall-mounted cabinet signs. A cabinet sign is a three-dimensional enclosed structure which includes all messages and copy with a single or double sign faces. Permanent wall-mounted cabinet signs are allowed in nonresidential districts and must be stylized in shape to reflect the shape of the image printed on the sign face or the molded sign face, with embossed sign copy or sign copy in relief. This provision does not apply to canopy signs for service islands regulated in division (26). This provision does apply to projecting signs and projecting roof signs.
(14) Projecting signs. A projecting sign is a double-faced sign attached to a building or wall and extending perpendicular to the face of the building or wall not more than 48 inches. In business districts, permanent projecting signs are allowed when affixed to the exterior building wall of the tenant suite. The allowable sign area must be included in the maximum sign area allowed in division (F) and when combined with any other sign area, must not exceed the maximum sign area. Projecting signs may be internally or indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building. Projecting signs must be stylized in shape to reflect the shape of the image printed on the sign face. Fixtures used to affix the projecting sign to building walls must be decorative and architecturally compatible with the building.
(15) Projecting roof signs. A roof sign is erected and constructed wholly on and over the roof of a building and supported by the roof structure. In business districts, permanent projecting roof signs are allowed subject to the same criteria set forth above for projecting signs. However, the height of a projecting roof signs must not exceed the height of a roofline or parapet by more than 25% of the overall height of the sign. The Planning Commission may approve heights greater than the 25% through a comprehensive sign program, master sign plan, or a design review application, when the proposed plan or application demonstrates that the projecting roof sign is incorporated into the building's architecture. A projecting roof sign incorporated into the building's architecture must not exceed the height of the building's roofline or parapet by more than 30% of the overall sign height.
(16) Suspended signs. A suspended sign is suspended from a roof overhang of a covered porch or walkway, which identifies the tenant of the adjoining space. In business districts, one permanent suspended sign is allowed for each permitted tenant building elevation. The sign must be suspended from a roof overhang of a covered porch or walkway adjacent to the exterior building wall of the tenant. The sign area is a maximum of six square feet. The size of the suspended signs is not included in the maximum sign area set forth in division (I). Suspended signs may be indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building.
(17) Drive-through lane signs. A drive-through lane sign is oriented to occupants of vehicles using a drive-through lane at an establishment offering transactions through a window, with or without ordering capability. No more than two drive-through lane signs are allowed for each drive-through lane serving a business establishment. The signs may be either a wall mounted sign or a ground sign. The signs must be no larger than 50 square feet and seven feet high. A drive-through ground sign must be constructed with a solid base.
(18) Freestanding sign: monument signs. A freestanding sign is erected or mounted on its own self-supporting structure or base detached from any supporting elements of a building, wall, or fence. A monument sign is not attached to or painted on a building, but which is mounted on a wall or structure and permanently attached to the ground. Permanently attached means that the supporting structure of the sign is attached to the ground by a concrete foundation. Monument sign structure bears no visible freestanding poles.
(a) For a nonresidential use in a residential district, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The maximum size of a monument sign is 32 square feet and eight feet high. Monument signs must be set back at least ten feet from the right-of-way.
(b) In business, industrial, and mixed-use zoning districts, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The height of a monument sign must be no greater than 12 feet to the top of design embellishments, and the sign face must be located between two feet and ten feet above grade with design embellishments added to the top, sides, or bottom of the sign. The maximum area of a monument sign is 60 square feet. Monument signs must be set back a minimum of ten feet from the right- of-way. Monument signs must maintain a minimum spacing of 100 feet from any other monument sign on the same street frontage.
(19) Freestanding sign: tower signs. A tower sign is a freestanding sign greater than eight feet and not more than 15 feet in height. In business zoning districts for retail centers exceeding 40 acres, and in the industrial and mixed-use zoning districts for sites that abut a freeway and exceed 40 acres, one onsite tower sign is permitted for each 500 feet of street frontage, provided the total number of all freestanding signs, including monument signs, must not exceed one sign per 300 feet of street frontage. The maximum height of a tower sign is 15 feet. The maximum sign area of a tower sign is 80 square feet. The maximum sign area of a tower sign may be increased by an additional 20 square feet for the identification of tenants or occupants of suites 5,000 square feet or less. Tower signs must be set back a minimum of ten feet from the right-of-way. Tower signs must maintain a minimum spacing of 300 feet from any other freestanding sign on the same street frontage.
(20) Freestanding sign: onsite traffic directional signs. In the business, industrial, and mixed-use zoning districts, onsite traffic directional signs are permitted as necessary to assist in movement of vehicular traffic on a property for the safety of pedestrian and vehicle traffic. The maximum sign area of an onsite traffic directional sign is three square feet, and the maximum height of onsite traffic directional sign is three feet. An onsite traffic directional sign must be set back at least 25 feet from the right-of-way and not be located within the required perimeter landscape area. Onsite traffic directional signs are not counted as part of a maximum or total sign area for any use and do not require a sign permit.
(21) Freestanding sign: residential subdivision entry signs. A development gateway and entry sign is placed at the street entrance to a single family subdivision, multiple family development, planned unit development, office park or similar consolidated development, identifying the name of the subdivision or development. A residential subdivision entry sign at the principal entries to residential subdivisions may have one entry sign on each side of the street. For entrances with a median, the entry sign may be placed in the median. The maximum sign area of the residential subdivision entry sign is 25 square feet, and the maximum height is eight feet. The residential subdivision entry sign must be set back a minimum of ten feet behind the right-of-way. A residential subdivision entry sign must be indirectly illuminated. The residential subdivision entry sign must be incorporated into the design of an entry wall, which must be architecturally compatible with other subdivision improvements. Residential subdivision entry sign structures require approval by the Plan Commission or Administrator as part of the subdivision site plan. Residential subdivision entry sign structures added following the initial development of the subdivision require administrative design review approval.
(22) Freestanding sign: multi-family complex entry signs. A multi-family complex entry sign at the principal entries to a multi-family complex may have one entry sign on each side of the street. The maximum sign area of a multi-family complex entry sign is 32 square feet, and the maximum height is eight feet. The multi-family complex entry sign must be set back a minimum of ten feet behind the right-of-way. A multi-family complex entry sign must be indirectly illuminated. A multi-family complex entry sign structure must be architecturally compatible with the complex.
(23) Freestanding sign: directory sign. A directory sign shows the locations of tenants in a multi-tenant commercial, office, or employment complex, or tenants in a multi-family residential project. In the business, industrial, and mixed-use zoning districts, one directory sign is permitted for every four commercial tenants or uses. The maximum sign area of the directory sign is 40 square feet, and the maximum height of the directory sign is eight feet. A directory sign must only be installed onsite within landscape islands or pedestrian areas.
(24) Awning signs. An awning sign is painted, installed, attached, applied to, or located directly on an awning. In business districts, an awning sign may be located on the valance of an awning. Graphics must be permanently affixed to the awning and may be silkscreened, painted, cutout lettering heat color transfer, pressure sensitive vinyl films, sewn applique signs, etc. An awning sign may be indirectly illuminated or backlit. An awning sign must not obstruct sidewalks, accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(25) Marquee signs. A marquee sign is painted, installed, attached, applied to, or located directly on a marquee. In business districts, a marquee sign may be located on a marquee that is approved by the Plan Commission as part of a design review application, a comprehensive sign program or master sign plan. A marquee sign must only be located at the primary entrance of the tenant suite to which it is appurtenant. The colors, materials, and design of a marquee sign must complement the design of the building it serves. A marquee sign may be internally or indirectly illuminated. Marquee signs must not be visible from adjacent residential properties. A marquee sign may include a manual changing message display. Sign copy must be changed manually. Electronic or mechanical sign copy change is prohibited. A marquee sign must not obstruct sidewalks, required accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(26) Canopy signs for service islands. A canopy sign is mounted permanently on or under a service island canopy. Each service island can have up to two canopy signs per service island. The maximum sign area of a canopy sign is 12 square feet. No part of the sign must project from a canopy wall by more than six inches. The height cannot exceed 80% of the vertical dimension of the canopy wall. The sign area of a canopy sign does not count against the maximum sign area allowed for wall signs on the parcel.
(27) Historic markers. A historic marker commemorates a historic person or event, or identifying a historic place, structure, or object. One historic marker per parcel is allowed. The maximum sign area of a historic marker is six square feet. A sign permit is not required for a historic marker.
(J) Permitted permanent signs by zoning district. The permanent sign types allowed by zoning district and the applicable permitting plan, program, or other review process are set forth below in Table 5-8: Permitted Permanent Signs by Zoning District. Refer to each sign type for criteria and limitations as specified in division (I).
(K) Sign maintenance. Maintaining legal signs is allowed without a permit. Sign maintenance is the replacement or repair of a part of a sign required by ordinary wear, tear, or damage, with like material, color, and design. Maintenance of legal signs does not include changing the color, size, design, or style of signs. Any sign or component which is damaged and constitutes a danger to public safety must be promptly repaired or replaced. Surface materials and components must be kept free of chipping, peeling, fading, cracks, holes, buckles, warps, splinters, or rusting visible from an adjacent property or street. Illuminated signs must be maintained in good operating condition including prompt removal and replacement of all defective lamps, damaged electrical wiring, and malfunctioning control devices and related circuitry.
(L) Nonconforming signs.
(1) If a nonconforming sign becomes an abandoned sign, it must be removed after notice to the property owner, unless the property owner establishes sufficient facts to refute the presumption of abandonment. An abandoned sign is a sign not operated or maintained for 180 calendar days or longer. An abandoned sign includes a sign on which is advertised a business that is no longer doing business on the parcel where the sign is located. An abandoned sign includes a sign for a purpose for which the purpose has lapsed. The following conditions shall be considered as the failure to operate or maintain a sign:
(a) The sign displays advertising for a product or service which is no longer available;
(b) The sign displays advertising for a business which is no longer licensed; or
(c) The sign is blank.
(2) If a property or development is expanded or modified to add new signage, all nonconforming signs must be removed or rebuilt to comply with the provisions of this chapter.
(3) Sign faces may be replaced on non-conforming signs.
(4) Changes to a property that add or alters existing signage is prohibited until all non-conforming signs are removed or rebuilt in conformance with this chapter. Existing signage not conforming to the restrictions on cabinet signs or raceways need not be brought into conformance if demonstrated to the Administrator that the signage permitted by this chapter is not structurally feasible.
(M) Sign violations.
(1) Requirement of permit. Unless specifically exempted, it is unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any sign in the town without first obtaining a sign permit in according to the provisions of this chapter.
(2) Requirement of compliance. Signs must be installed, placed, or maintained in the town only in compliance with this chapter. Signs maintained contrary to the provisions of this chapter are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests upon the sign owner, the permit holder, and parties holding the present right of possession and control of the property where a sign is located, mounted, or installed, and the legal owner of the lot or parcel, even if the sign was installed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control. Signs not in compliance with this chapter are subject to enforcement proceedings as specified in §§ 154.180 to 154.183.
(N) Sign regulation tables.
Standard | Residential Districts | Non-Residential Districts |
Standard | Residential Districts | Non-Residential Districts |
Maximum number of signs per parcel | 41 | 4 |
Maximum sign area | 6 sq. ft. | 32 sq. ft. |
Sign height maximum for a freestanding sign2 | 4 ft. | 6 ft. |
Sign height maximum for a wall sign (inclusive of a window sign3) | 6 ft. | 15 ft. |
Minimum setback/distance from right-of-way4 | 10 ft. | 10 ft. |
Minimum spacing from any other sign (temporary sign or permanent sign)2 | 15 ft. | 15 ft. |
Permit required | No | No |
Incorporation of florescent color or exhibition of florescence allowed | No | No |
Permission of owner required | Yes | Yes |
Allowed within a sight visibility triangle | No | No |
Allowed on public sidewalk/right-of-way5 | No | No |
Duration allowed after conclusion of an event if sign pertained to an event | 3 days | 3 days6 |
Lighting or Illumination Allowed | No | No |
Movement Allowed | No | No |
Notes: 1 In single-family residential districts, each single-family residential use with at least one principal structure may place up to six offsite temporary signs on private property for the purpose of directing the public to a residential activity (e.g. real estate open house, garage/yard sale, estate sale). The signs must be displayed only during the hours the single-family residence is open for public inspection. 2 Not applicable to signs displayed on flagpoles. 3 Window Signs cannot cover more than 25% of the first-floor window area. 4 Minimum sign setbacks are measured from the edge of the property line. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence. 5 Government signs displaying government speech are exempt from regulation under this chapter. 6 Temporary signs advertising the grand opening of a business or other enterprise may be placed no more than two weeks prior to the date of the grand opening and must be removed within two weeks of the grand opening. | ||
Standard | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
Maximum Number of Signs | 4 per business1 | 1 | 4 per business1 |
Maximum Sign Area | N/A | 40 sq. ft. per side for occupancies up to 5,000 sq. ft.; 80 sq. ft. per side for occupancies 5,000 sq. ft. to 15,000 sq. ft.; 120 sq. ft. per side for occupancies 15,000 sq. ft. to 50,000 sq. ft.; or 180 sq. ft. per side for occupancies greater than 50,000 sq. ft. | 12 sq. ft. |
Maximum Width | 31" | N/A | N/A |
Maximum Height | 45" | 8 ft. if displayed as a freestanding sign | 15 ft. |
Minimum Setback/Distance from Roadway3 | 5 ft. | 10 ft. if displayed as a ground sign | 10 ft. from edge of curb or a distance equal to the height of the sign, whichever is greater |
Maximum Width of Public Sidewalk the Sign May Obstruct | No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance | 0 ft. | No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance |
Maximum Distance of Sign from Premises2 | 10 ft. | N/A | N/A |
Minimum Distance from an Access Drive or Street Intersection | N/A | N/A | 30 ft. |
Minimum Spacing from any Other Sign (temporary sign or permanent sign)4 | 20 ft. | 15 ft. | 20 ft. |
Duration | Only during hours when business is open | No more than 120 days per year, aggregate | Only during hours when business is open |
Allowed on Public Sidewalk/ Right- of-Way | Yes | No | Yes |
Permission of Owner Required | Yes | Yes | Yes |
Allowed within a Sight Visibility Triangle | No | No | No |
Lighting or Illumination Allowed | No | No | No |
Permit Required | No | Yes | No |
Movement Allowed | No | No | Yes |
Incorporation of Florescent Color or Exhibition of Florescence Allowed | No | No | No |
Notes: 1 The combined total number of A-Frame, T-Frame, and flying banner signs cannot exceed 4 per business. 2 Setbacks do not apply to a banner sign displayed on a wall, a wall sign, or signs affixed to a temporary construction fence. 3 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan. 4 Not applicable to signs displayed on flagpoles. 5 The maximum aggregate sign area of all temporary residential subdivision signs is 256 square feet. | |||
Standard | Principal Entry(ies) | Model Home(s) | Perimeter Subdivision Open Space | Offsite Temporary Signs on Private Property |
Standard | Principal Entry(ies) | Model Home(s) | Perimeter Subdivision Open Space | Offsite Temporary Signs on Private Property |
Maximum Number of Signs | 1 per entry | 1 or more | 1 per street frontage | 1 |
Maximum Sign Area | 32 sq. ft.5 | 96 sq. ft.5 | 32 sq. ft.5 | 32 sq. ft. |
Maximum Width | N/A | N/A | N/A | N/A |
Maximum Height | 8 ft. | 12 ft. | 8 ft. | 8 ft. |
Minimum Setback/Distance from Roadway3 | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. |
Maximum Width of Public Sidewalk the Sign May Obstruct | 0 ft. | 0 ft. | 0 ft. | 0 ft. |
Maximum Distance of Sign from Premises2 | N/A | N/A | N/A | N/A |
Minimum Distance from an Access Drive or Street Intersection | N/A | N/A | N/A | N/A |
Minimum Spacing from any Other Sign (temporary sign or permanent sign)4 | N/A | N/A | N/A | 100 ft. |
Duration | 3 years or until the model home is permanently closed, whichever is first | 3 years or until the model home is permanently closed, whichever is first | 3 years or until the model home is permanently closed, whichever is first | 1 year |
Allowed on Public Sidewalk/ Right-of-Way | No | No | No | No |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within a Sight | ||||
Visibility Triangle | No | No | No | No |
Lighting or Illumination Allowed | No | No | No | No |
Permit Required | Yes | Yes | Yes | Yes |
Movement Allowed | No | No | No | No |
Notes: 1 The combined total number of A-Frame, T-Frame, and flying banner signs cannot exceed 4 per business. 2 Setbacks do not apply to a banner sign displayed on a wall, a wall sign, or signs affixed to a temporary construction fence. 3 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan. 4 Not applicable to signs displayed on flagpoles. 5 The maximum aggregate sign area of all temporary residential subdivision signs is 256 square feet. | ||||
Facing Street Type | Sign Height (feet) from Finish Floor Level to Top of Sign* | Maximum Allowable Size of Sign Face (sq. ft.) |
Local/Collector | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Arterial | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Freeway | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Notes: * Unless approved signage spans floor plates. | ||
Sign Type | Residential Districts | Non- Rresidential Uses in Residential Districts | Business Districts | Industrial Districts | Mixed- Use Districts |
Sign Type | Residential Districts | Non- Rresidential Uses in Residential Districts | Business Districts | Industrial Districts | Mixed- Use Districts |
1. Street Address Signs | Yes | Yes | Yes | Yes | Yes |
2. Unit and Building Identification Signs | Yes | Yes | Yes | Yes | Yes |
3. Wall Signs at Entrances to Dwelling Units | Yes | Yes | Yes | Yes | Yes |
4. Painted Wall Signs | No | No | Yes | No | Yes |
5. Wall Signs at Entrances to Non-residential Tenant Offices and Suites | No | No | Yes | Yes | Yes |
6. Wall Signs at Entrances to Restaurants | No | No | Yes | Yes | Yes |
7. Wall Signs at Service and Delivery Entrances | No | No | Yes | Yes | Yes |
8. Window Signs | No | Yes | Yes | Yes | Yes |
9. Door Signs | Yes | Yes | Yes | Yes | Yes |
10. Wall-Mounted Cabinet Signs | No | No | Yes | Yes | Yes |
11. Projecting Signs | No | No | Yes | No | Yes |
12. Projecting Roof Signs | No | No | Yes | No | No |
13. Suspended Signs | No | No | Yes | No | Yes |
14. Drive-Through Lane Signs | No | No | Yes | Yes | Yes |
15. Freestanding Sign: Monument Signs | No | Yes | Yes | Yes | Yes |
16. Freestanding Sign: Tower Signs | No | No | Yes | Yes | Yes |
17. Freestanding Sign: Freeway Signs | No | No | Yes | Yes | Yes |
18. Freestanding Sign: Onsite Traffic Signs | No | No | Yes | Yes | Yes |
19. Freestanding Sign: Residential Subdivision Entry Signs | Yes | No | No | No | No |
20. Freestanding Sign: Multi-Family Complex Entry Signs | Yes | No | Yes | No | No |
21. Freestanding Sign: Directory Signs | No | No | Yes | Yes | Yes |
22. Awning Signs | No | No | Yes | No | Yes |
23. Umbrella Signs | No | No | Yes | No | Yes |
24. Canopy Signs for Service Islands | No | No | Yes | Yes | Yes |
25. Historic Markers | Yes | Yes | Yes | Yes | Yes |
Yes = Allowed No = Prohibited | |||||
(Ord. 2022-17, passed 7-19-2022)