(A) Signs prohibited. Subject only to the exemptions set forth in division (B) below, the following signs are hereby expressly prohibited as to erection, construction, creation, maintenance, repair, alteration, location, or relocation within the town:
(1) Portable signs;
(2) Animated signs;
(3) Chaser signs;
(4) Flashing signs;
(5) Inflatable displays;
(6) Wind signs;
(7) Any sign on a motor vehicle or on a semi-trailer with or without tractor which can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of a business, product, or service of a business located on the premises where such a vehicle is parked. Trailers used for construction purposes during the course of construction on site are exempt from this section. Any such sign advertising a business, product, or service not conducted or available on site is an off-premises sign;
(8) Off-premises signs except as expressly permitted;
(9) Any sign attached to or painted or otherwise rendered on a bench or seat which is located outside a building or structure on a public sidewalk or right-of-way. Such a sign on a bench or seat not on a public sidewalk or right-of-way is not prohibited by this provision but must comply with all other regulations and its surface area shall be included in the total allowable surface area permitted for the building;
(10) Signs which advertise a business which has not been conducted within the past 90 days, or a product or service which has not been offered for sale within the past 90 days, on the premises where such sign is located; if otherwise in compliance with this chapter, a sign may be located at such location indicating a move of such business to another location for a period of time not exceeding 90 days from the date of discontinuance of the business at the sign’s location;
(11) Signs which use string lights or any unshielded light within public view if used in connection with commercial premises for commercial purposes, except that this shall not include:
(a) Holiday decorations at holiday time; or
(b) Non-flashing neon window signs.
(12) Any sign or sign structure determined by the Town Council to be:
(a) Structurally unsafe; or
(b) A hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment. Any sign which obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic-control device by reason of size, location, coloring, or illumination;
(13) Any sign which obstructs free ingress and egress from a required door, window, fire escape, or other exit way;
(14) Signs with a commercial purpose which make use of words such as “Stop”, “Look”, or “Danger”, or other similar words, phrases, symbols, or characters in such a manner as to imply the need of stopping or the existence of danger;
(15) Any sign unlawfully installed, erected, or maintained;
(16) Any sign or other advertising structure containing any obscene, indecent, or immoral matter;
(17) Any sign placed or installed in or on any parkway, alley, public street, easement, or right-of-way except as may be authorized by the Town Council;
(18) Any sign not in compliance with federal or state law;
(19) Any sign which is constructed or installed in such a manner as to overhang a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this chapter;
(20) Snipe signs; and
(21) Signs which are accessory to an unlawful use.
(B) Exemptions by special permit.
(1) Exemptions for grand openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening and for two weeks after such opening, if such business applies to the Town Council for an exemption, granted exemption from the prohibitions in divisions (A)(1) through (A)(7) above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted nor be subject to any height regulation.
(2) Exemptions for special promotions. Upon application to the Town Council, a business or other venture engaging in special promotions shall be granted exemption from the prohibitions in divisions (A)(1) through (A)(7) above for a period or periods totaling up to ten weeks per calendar year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface area permitted nor subject to any height regulation.
(2011 Code, § 153.07) (Ord. 2004-01, passed 4-5-2004) Penalty, see § 153.99