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(A) Meanings of Words and Phrases
Words and phrases not defined in this chapter but defined elsewhere in the LDO or Town Code shall be given the meanings set forth there. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter. Illustrations included in the code shall be used in interpreting the relevant provisions, but where the text conflicts with an illustration, the text shall control.
(B) Relationship to Land Development Ordinance and Town Code
To the maximum extent practicable, this chapter shall be interpreted in accordance with rules of interpretation and construction and definitions provided in this Ordinance and Town Code. In case of conflict among them, however, this shall be the order of priority in selecting among apparently conflicting provisions:
(1) Where this chapter directly addresses an issue, it shall control over any conflicts;
(2) Where this chapter does not directly address an issue or is unclear, the other chapters of this Ordinance shall control over other provisions of the Town Code; and
(3) Where neither this chapter nor other chapters of this Ordinance directly addresses or resolves an issue of interpretation or construction, then this chapter shall be interpreted in the context of the Town Code.
The following terms shall be defined as follows:
Artwork means a two- (2-) or three- (3-) dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
Banner means a sign made of wind and weather resistant cloth or other lightweight material, intended to hang either with or without frames or in some other manner as not to be wind activated, and possessing characters, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind. Flags shall not be considered banners.
Beacon means any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same site as the light source; also, any light with one (1) or more beams that rotate or move.
Billboard means a sign structure and/or sign utilized to display a commercial message or provide commercial advertising for an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign and/or sign structure is located.
Commercial Message means any sign wording, copy, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, commodity, service, sale, sales event, activity, entertainment, or other commercial activity.
Flag means any fabric or bunting containing distinct colors, patterns, or symbols, used as an ornamental flag or as a symbol that does not contain a commercial message, and that is displayed on a flagpole. (See also Flag, Ornamental).
Flag, Ornamental means any fabric or similar material containing patterns, drawings, or symbols used for decorative purposes and designed to be flown as a flag.
Flagpole means a pole on which to raise or display a flag.
Pennant means any series of small flag-like or streamer-like pieces of cloth, plastic, paper, or similar material attached in a row to any staff, cord, building, or at only one (1) or two (2) edges, the remainder hanging loosely.
Permanent Sign means any sign which, when installed, is intended for permanent use. Any sign with an intended use in excess of twelve (12) months from the date of installation, unless otherwise stated in Section 9.3, shall be deemed a permanent sign.
Sign means any device, fixture, placard, or structure, that uses any color, form, graphic, illumination, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of Chapter 9 of this Ordinance: artwork, cemetery markers, machinery or equipment signs, lighting used to accentuate architectural or landscaping features, and holiday and seasonal decorations.
Sign, A-Frame means a portable sign utilizing an upright, rigid supporting frame in the form of a triangle or an inverted "V" style of framing to support the sign.
Sign, Animated means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
Sign, Canopy
Any sign that is a part of or attached to a structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy sign.
Sign, Changeable Copy means a sign designed so that letters, numbers, symbols and other similar characters attached to the sign can be changed manually in the field to indicate a different message.
Sign, Digital means a sign capable of displaying words, symbols, or images that can be electronically or mechanically changed by remote, automatic, or electrical means.
Sign, Discontinued means a sign or sign structure whose owner has failed to operate and maintain said sign or sign structure for a period of ninety (90) days or longer. The following conditions shall be considered the failure to operate or maintain a sign or sign structure: (1) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer operating; or (2) a sign which is blank.
Sign, Electronic Changeable Message means an electronically-activated sign or any portion thereof whose message content of display, either whole or in part, may be changed by means of electrical, electronic, or computerized programming; an "electronic changeable message sign" includes a sign or any portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. An "electronic changeable message sign" includes a digital sign. Drive-through Lane signs shall not be considered electronic changeable message signs.
Sign, Feather means a sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign is usually shaped like a sail or feather, and attached to the pole support on one (1) vertical side.
Sign, Flashing means a sign which permits light to be turned on or off intermittently more frequently than once per minute, or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign.
Sign, Holographic Display means an advertising display that creates a three (3)-dimensional image through projection, OLED (organic light emitting diode), or any similar technology.
Sign, Intermittent means a sign which permits light to be turned on or off intermittently more frequently than once every twelve (12) hours or which is operated in a way whereby light is turned off or on intermittently or which varies in intensity or color more frequently than once every twelve (12) hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity or color at all times when the sign is in use, including but not limited to an LED (light emitting diode) or digital sign.
Sign, Machinery or Equipment means a sign incorporated into machinery or equipment by a manufacturer or distributor, that functions only to identify or advertise the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.
Sign, Moving means any sign in which the sign itself or any portion of it physically moves or revolves.
Sign, Neon means any electric discharge tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting, or other decorative elements, and filled with various inert gases.
Sign, Off-site means any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event, or location that is not located on the premises upon which the sign is located. This shall not include traffic, directional, or regulatory signs or notices erected by a federal, state, county, or municipal government agency.
Sign, Pole means any sign which is mounted on a freestanding pole or poles, or other support structure such that the bottom edge of the sign face is forty-two (42) inches or more above the adjacent grade or roadway crown height.
Sign, Portable means any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; balloons used as signs, umbrellas used for commercial messages; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way.
Sign, Projecting means a sign attached to a building wall and extending laterally more than eighteen (18) inches from the face of such wall.
Sign, Scrolling means a sign that, by mechanical or electronic means, displays a message that moves up, down, or across a display screen or surface.
Sign, Snipe means a sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to or placed on public property such as but not limited to a public utility pole, a public street sign, a public utility box, a public fire hydrant, a public right-of-way, public street furniture, or other public property; except for A-frame signs that are temporarily placed on public property under such limitations and constraints as may be set forth in this Chapter.
Sign, Suspended means a sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
Sign, Vehicular means a sign which is attached to, mounted, pasted, painted, or drawn on a vehicle and covers more than four (4) square feet of the vehicle.
Sign, Verandah means a sign consisting of freestanding letters or numbers and located above the outer fascia of a verandah or balcony which does not exceed the highest point of the building roofline.
Sign, Wall means any sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner.
Sign, Windblown means a sign which uses objects or materials fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons; however, the term windblown sign shall not include flags.
Sign, Window means any sign painted on, attached to, or displayed in a window so as to direct attention of persons outside the building to a product or activity on the premises.
(A) General
This Chapter 9 applies to signs on property located in all zoning districts.
A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with the standards, procedures, exemptions and other requirements of this chapter. Signs exempt from regulation under Section 9.1.4(B) shall not otherwise be subject to this Chapter.
(B) Signs Exempt From Regulations
The following signs shall be exempt from regulation under this Chapter:
(1) Any official or public notice or warning sign required by a valid and applicable federal, state, or local law, regulation or chapter; by a public utility company; or by order of a court of competent jurisdiction.
(2) Any sign located within the right-of-way or on private property that is used as a traffic control device. This includes, but is not limited to, any sign that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard, regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
(3) Any sign, other than a window sign, inside a building, that is not visible from off the site on which it is located.
(4) Any sign inside a breezeway or entranceway, under the roof and within the foundation line of the building but outside the actual entrance door, where such sign cannot be seen by a person of ordinary eyesight who is not under the roof of the building or is otherwise outside the building.
(5) Any sign inside an athletic field or other enclosed outdoor space, where the sign is not legible from more than three (3) feet beyond the lot line of the site on which it is located.
(6) Signs erected by or on behalf of a governmental or quasi-governmental agency including, but not limited to, noncommercial signs identifying a government building or service, traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or other directional signs, public notices of events, public notice of government actions, proposed changes of land use, any proposed rezoning, or any other government speech.
(7) Signs on single-use sites, where the sign is not visible from a public right-of-way or adjacent residential property.
(8) One (1) building marker or engraved cornerstone per building, containing no logo or commercial message and made of a permanent material that is permanently attached to or incorporated into the building wall.
(9) A sign on a vehicle, other than a prohibited Vehicular Sign or Signs.
(C) Prohibited Signs
The following signs are specifically prohibited, unless specified otherwise in this Chapter:
(1) Any sign that copies or imitates an official sign or purports to have official status.
(2) Beacons.
(3) Windblown signs.
(4) Pennants.
(5) Canopy signs.
(6) Animated signs.
(7) Portable signs.
(8) Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress to any building.
(9) Off site signs, billboards, and pole signs.
(10) Discontinued signs, including all structural, support, and other related elements.
(11) Signs made wholly or partially of highly reflective material, so as to generate a contrast between the sign and adjacent surfaces or the surrounding area.
(12) Signs on roofs.
(13) Signs located in the clear sight triangle as defined by the Town's Standard Specifications and Details Manual.
(14) Signs erected or lighted in such a manner or in such location as to obstruct the view of, or be confused with, any authorized traffic signal, notice or control device.
(15) Signs in the public right-of-way, except for the following:
(a) Signs on awnings per Section 9.2.5(A);
(b) Projecting Signs per Section 9.2.5(I);
(c) Suspended Signs per Section 9.2.5(J);
(e) Principal Ground Signs at the entrance of residential and non-residential subdivisions per Section 9.2.5(F).
(16) Neon signs located in such a manner as to attract public attention from outside the building except as permitted in Section 9.2.6(B).
(17) Vehicular Signs when the vehicle is parked such that the sign is visible from a right-of-way within one hundred (100) feet of the vehicle, except where there is no reasonable alternative location on the site to park the vehicle.
(18) Feather signs.
(19) Electronic changeable message signs.
(20) Digital signs.
(21) Intermittent signs.
(22) Flashing signs.
(23) Any freestanding sign, with exception of an entry monument alternative to a principal ground sign, that is more than six (6) feet above the elevation of the normal grade at the base of the sign. The foregoing maximum sign height limitation, which applies under all circumstances except as noted herein, does not preclude the more restrictive sign height limitations as set forth in Section 9.2 or 9.3 of this Chapter.
(24) Any wall sign that is greater than the lesser of three (3) square feet per linear foot of building frontage, or ten percent (10%) of the wall area to which the sign is affixed. The foregoing maximum sign area limitation, which applies under all circumstances except as noted herein, does not preclude the more restrictive sign area limitations as set forth in Section 9.2 or 9.3 of this Chapter.
(25) Any sign which emits a sound, odor, or visible matter.
(26) Snipe signs.
(27) Holographic Display Signs.
(28) Moving Signs.
(29) Scrolling Signs.
(30) Signs attached or painted on trees, rocks or natural features.
(31) Ground signage placed on a supporting base for public art or on the actual artwork.
(D) Transitional Provisions
(1) All permanent signs legally erected prior to December 8, 2016 may remain in place and in use, subject to certain restrictions on modification, replacement and other actions affecting the sign, as set forth in this Ordinance.
(2) All holders of permits for permanent signs issued legally prior to December 8, 2016 may erect the signs that are the subject of such permits within the times allowed by such permits, and such signs shall then be treated as though they had been erected prior to December 8, 2016. However, such permits may not be extended or amended unless the sign that is the subject of such permit will conform to all of the requirements of this chapter.
(3) All violations of the sign regulations in effect prior to December 8, 2016 shall remain violations of the Ordinances of the Town and all penalties and enforcement remedies set forth hereunder shall be available to the Town as though the violation were a violation of this chapter. However, if the effect of this chapter is to make a permanent sign that was formerly nonconforming become conforming, then enforcement action shall cease except to the extent of collecting penalties (other than the removal of the permanent sign) for violations that occurred prior to December 8, 2016.
(A) Sign Area Calculations
(1) Area Computation of Individual Signs
The allowable sign area for permanent signs shall be calculated as provided below:
(a) General Requirements
The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by encompassing the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, into no more than two (2) abutting rectangles, one (1) of which shall encompass a minimum of seventy-five percent (75%) of the total sign area. The area of sign face of distinct individual signs shall be separately measured in accordance with the above methodology.
(b) Exceptions to General Requirements
(i) Suspended and projecting signs shall be calculated separately from other wall signs.
(ii) The square footage of wall signs associated with theaters shall be counted against the total wall sign area allotment. However, each sign shall be measured separately rather than placed together inside a rectangle.
(iii) Poster boxes shall be measured individually without regard for the spaces between the individual boxes.
(2) Area Computation of Multi-Faced Signs
Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is sixty (60) degrees or less, only one (1) display face shall be measured in computing sign area. The areas of all faces of a multi-faced sign shall be added together to compute the area of the sign. Sign area of multi-faced signs is calculated based on the principle that all sign elements that can be seen at one (1) time or from one (1) vantage point should be considered in measuring that side of the sign. Double-faced signs that are displayed on gateway entry monuments within Town approved area plans, may be displayed on walls with an interior angle of up to ninety (90) degrees.
(B) Sign Height Computation
The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade is below grade at street level, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public or private street.
(C) Building Frontage
Building frontage shall mean the horizontal length of a building on the side with its principal entrance. If that side is a straight wall, then the building frontage shall be the length of the wall. If the side is not a straight wall, the building frontage shall be the horizontal distance from the corner at one (1) end of the side of the building with the principal entrance to the other corner on the same side of the building; where that side of the building is concave, then the measurement shall be made in a straight line from corner to corner; where the side of the building is convex or has one (1) or more sections that project in front of the front corners, then the measurement shall be made as the shortest distance between two (2) lines projected from the two (2) front corners of the building, with such lines parallel to each other and as close as practicable to perpendicular to the front of the building.
(D) Roofing Elements
Roofing elements that are within thirty (30) degrees of vertical (sometimes loosely called a "mansard roof") will be considered part of the wall for purposes of sign placement. Signage shall not be located on portions of other architectural design features that extend above the predominate roofline of the building.
Permits are required for the following sign types: Awning, Vehicle-Oriented Directional, Wall-Mounted Directional, Drive-through Lane, Principal Ground, Entry Monument, New Construction Alternative, Suspended, Verandah, Projecting, Wall (except for signs on property containing a single-unit residence or duplex), Façade Renovation Alternative, and New Business Alternative. No other sign types shall require a sign permit.
(A) Sign Permits
If a sign requiring a permit under this chapter is to be placed, constructed, erected or modified on a site, the owner of the lot or parcel shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of this chapter and the procedure listed in Section 3.16. No sign permit shall be issued for the erection of a prohibited sign. Until a sign permit is obtained from and the appropriate fee paid to the town, no permanent sign shall be erected, altered, relocated, maintained or displayed. The sign permit is in addition to any building permit required to be obtained pursuant to the provisions of the State building code.
No sign permit or permit fee shall be required for changing the copy of a sign, including any change of copy on a changeable copy sign, as long as no changes are made to the sign's height, size, location, or structure. A sign lawfully erected may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this Chapter and the Land Development Ordinance.
(B) Building Permits
The town has no authority to waive or provide variances to the State building code, therefore all signs shall comply with applicable provisions of the State building code.
(C) Electrical Permits
Electric signs that have internal wiring or lighting equipment, and external lighting equipment that directs light on signs, shall not be erected or installed until an electrical permit has been obtained from the Inspections and Permits Department. All such signs and equipment shall bear the seal of approval of an electrical testing laboratory that is nationally recognized as having the facilities for testing and requires proper installation in accordance with the National Electrical Code. All wiring to electric signs, or to freestanding equipment that lights a sign, shall be installed underground.
No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this Chapter, "owner" means the holder of the legal title to the property and any party and person holding a present right to possession, control, or use of the property.
All permanent signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this chapter, and shall adhere to the following provisions:
(A) A sign shall have no more than twenty (20) percent of its surface area covered with disfigured, cracked, ripped or peeling paint, poster paper or other material for a period of more than thirty (30) days.
(B) A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than fifteen (15) degrees from vertical for a period of more than ten (10) days.
(C) A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the public right-of-way from which it is to be viewed, for a period of more than thirty (30) days.
(D) An internally illuminated sign shall be allowed to stand with only partial illumination for a period of no more than thirty (30) days.
(E) Flags shall not be faded, tattered, or torn.
(A) General
Violations of this chapter and enforcement procedures are addressed in Chapter 11.
(B) Removal of Signs Creating Traffic Hazard
Any signs or light sources deemed to create a traffic hazard per Sections 9.1.4(C)(13) or 9.1.4(C)(14) shall be removed at the direction of the Planning Director. If not removed by owners or occupants of the property within ten (10) days of notice, the Director shall cause the signs to be otherwise removed, and the cost of removal shall become a lien against the property until satisfied.
(C) Removal of Unauthorized Signs in Public Right-of-Way
Any sign placed in the public right-of-way in violation of this Chapter 9 shall be deemed a public nuisance and may be seized by the enforcement official or other representative of the Town, and the person owning or placing the sign may be charged both with a violation of this chapter and with the cost of removing and disposing of the sign.
(D) Removal of Discontinued Signs
Within sixty (60) days after a sign on a permanent freestanding sign structure or a permanent wall sign becomes a discontinued sign, it shall be the responsibility of the property owner to remove the discontinued sign and any associated sign structure and to patch and conceal any and all damage to any property resulting from the removal of the discontinued sign and associated sign structure, if any. The removal of a discontinued sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, which are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign.
(E) Removal of Unsafe Signs
The Planning Director, with or without notice, may secure the immediate removal of an unsafe sign or insecure sign if in his or her judgment and opinion the sign presents an immediate peril to the public health and safety.
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