§ 154.271 SCOPE OF THIS SUBCHAPTER.
   This subchapter shall apply to all signs located within the town unless excluded as per § 154.272.
   (A)   Definitions.
      (1)   Sign.
         (a)   Any display of letters, words, numbers, figures, devices, emblems, pictures or any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as part of a structure, surface, or any other thing, including, but not limited to, the ground, a rock, tree, or other natural object.
         (b)   Signs do not include holiday decorations, the flag or emblem of any nation, state, city, religious, fraternal or civic organization; nor merchandise and pictures or models of products incorporated in a window display; nor works of art which in no way identify a product; nor scoreboards located on athletic fields.
      (2)   Entity. Any individual, group, or organization that occupies and utilizes a structure or a portion of a structure that is separate and distinct in purpose or function from other portions of a structure.
      (3)   Roof line. Roof line shall mean the edge of the roof around the building structure.
      (4)   Signable space. Signable space means the area of a building face on which a sign may be placed, including fronting wall or gable space. The size of this area shall equal the total square footage of the area from the ground to the roof line (not including the roof itself), of a building façade.
      (5)   Sign support structure. A structure, including uprights, supports, frames, display surfaces, and other appurtenances, intended to support or display one or more signs. If painted, sign support structures shall include one color of the supported sign(s).
      (6)   Normal maintenance. Normal maintenance shall include activities that keep the sign in safe, presentable, and sound condition, such as replacement of missing or defective parts, periodic cleaning, and re-painting with substantially the same colors as in the original sign. Normal maintenance does not include activities that alter the message, background, colors, dimensions, orientation, or location of a sign in any way or change the design of its support structure.
      (7)   Existing grade. The prevailing level of the soil at a given location, not to include any walls, raised flower beds, or other means of artificially modifying the level of the soil for the purpose of extending sign height.
      (8)   Historic signs. Signs greater than 20 years of age as of September 10, 2009.
      (9)   Holiday decorations. The decorations normally associated with the holiday season. Holiday decorations will also include human or facsimile people in costumes normally associated with the holiday season.
   (B)   Types of signs.
      (1)   Billboard/poster board. Billboards or posterboards are hereby defined as off- premises signs of a permanent nature. Temporary off-site signs (displayed for not greater than 14 days), typically erected for providing directions to an event or occurrence, are not considered billboards under this definition.
      (2)   No trespassing/no loitering signs. Such signs and similar ones, which are placed to inform the public of private regulations.
      (3)   Obsolete signs. Signs or parts of signs which advertise or pertain to a purpose which no longer exists.
      (4)   Portable signs. Any signs designed or intended to be readily relocated. This shall include signs on wheels, trailers, truck beds, or any other device which is capable of, or intended to be moved from one location to another.
      (5)   Window signs. Signs which are painted on or affixed to the windows.
      (6)   Painted wall sign. A sign painted directly on any exterior building wall or door surface, exclusive of window and door glass areas. Such signs shall comply with standards for "attached" signs.
      (7)   Projecting sign. A sign that is attached to a building wall with the face of the sign perpendicular to the building wall. Such signs shall not project into any street right-of-way and shall be at least eight feet above the ground. Such signs shall not project vertically above the building face to which they are attached, and shall conform with all other standards for "attached" signs.
      (8)   Accessory signs. Signs intended for the recurring, periodic display of information. These signs are typically modified regularly, but are not necessarily temporary in nature. Examples of accessory signs include, but are not limited to, special advertisements for the advertisement of specials or features, open, closed, and vacancy signs. Accessory signs may be attached to permanent, detached signs, attached to buildings, or stand-alone.
      (9)   Feather banner/feather flag. A flag type banner (usually designed with a pole sleeve or pocket) that is generally mounted in the ground.
      (10)   Human sign. Human sign refers to costumes, flags or other apparel or accessories, worn, held, waved or carried by individuals for the purpose of attracting attention to a site, location or event.
   (C)   Signs defined by method of attachment.
       (1)   Attached signs are signs that are mounted to a building and include the following:
         (a)   Signs attached throughout their whole length that are mounted flush to a building face that do not extend above the highest vertical point of the building face;
         (b)   Signs attached throughout their whole length to the top of a canopy or a cantilevered roof with the face of the sign parallel to the wall which do not extend vertically above the highest point of the canopy or cantilevered roof;
         (c)   Painted wall signs as defined above; and
         (d)   Projecting signs as defined above.
      (2)   Detached sign. A sign supported by a sign structure placed in the ground and which is wholly independent of any building, fence, vehicle, or object other than the sign structure for support.
   (D)   Signs defined by duration of display. Signs shall be categorized based upon their intended duration of display as follows. If a sign exceeds the duration of display for a category, it must comply with all requirements and obtain a permit for the appropriate category of duration.
      (1)   Permanent signs. Signs which are intended to be displayed continuously for a period of greater than one year. Signs (such as real estate signs) which are erected prospectively with the goal of being removed in less than one year do not constitute permanent signs.
      (2)   Accessory signs. Signs intended for the recurring, periodic display of information. These signs are typically modified regularly, but are not necessarily temporary in nature.
      (3)   Semi-temporary signs. Signs of a temporary nature that are erected for an intended or presumed duration of less than one year but typically greater than 14 days. Examples of signs in this category commonly include, but are not limited to, signs erected to advertise the sale of real estate and signs erected during a construction project. Semi-temporary signs may by erected for periods of greater than one year, provided that required permits are obtained. Signs intended to be erected permanently do not qualify for this category.
      (4)   Temporary signs. Signs or advertising display intended to be displayed for a short period of time (not greater than 14 days), often to inform the public of an unusual or special event. These signs are often in the form of "Banners.” Signs erected for longer than 14 days do not qualify for this category.
      (5)   Short term signs. Signs erected for less than 48 hours.
      (6)   Transitional signs. Signs erected for a maximum of six months while a permanent sign is being created.
   (E)   Area of sign defined.
      (1)   The area of a sign excluding wall or window signs shall be considered to include all lettering, wording, and accompanying design and symbols, together with the background on which they are displayed, any frame around the sign, and any cutouts or extensions, but shall not include any supporting or bracing. In the case of a multi-faced sign, the area of the sign shall be considered to include all faces visible in any one direction.
      (2)   The area of a wall or window sign consisting of individual letters or symbols attached to or painted on a surface, building, wall, or window, shall be considered to be that of the smallest rectangle or triangle which encompasses all of the letters or symbols.
      (3)   (a)   Signs that are contiguous (touching) or are separated by a divider, frame, or portion of the sign support structure less than six inches wide shall be considered one sign for the purposes of this subchapter.
         (b)   Exception. Signs of different types as defined by their duration of display as set forth above shall be considered separate signs, even if they are contiguous.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1902) (Ord. passed 12-6-1983; Ord. passed 11-18-1986; Ord. passed 10-13-2009; Ord. 2013-03, passed 3-12-2013; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)