§ 151.25 PERMITTED SIGNS.
   (A)   Permit required. The following listed permitted signs shall not be installed until a valid sign permit has been issued by the Zoning Administrator, or his or her designee.
   (B)   Permitted signs. The following signs are regulated by this chapter:
      (1)   Signs permitted in Non-Residential Districts. TB Tourist Business District, CB Community Business District, CF Community Facility District, CG Campground and Recreational Vehicle District, and MF Medical Facility District. The following signs are allowed in the above listed Non-Residential Districts, subject to the standards set forth in this section and other applicable provisions of this chapter.
         (a)   Projecting signs. Any projecting sign shall not project more than 5 feet from the facade of a building to which it is attached and shall be a minimum of 8 feet above the grade below the sign as measured from the lowest point on the sign.
         (b)   Changeable copy signs. A changeable copy section of a wall sign, or a permitted freestanding sign, is allowed as an integral part of a sign. Changeable copy signs may be non-illuminated or indirectly illuminated.
         (c)   Freestanding signs. All freestanding signs, where permitted, are subject to setback requirements as required by the Code of Ordinances. No freestanding sign shall exceed 16 feet in height. Freestanding signs may be non-illuminated or indirectly illuminated.
            1.   A property may have 2 freestanding signs provided that:
               A.   The signs are not erected within 150 feet of each other;
               B.   They are not within visual sight of each other; and
               C.   The property shall have a minimum of 250 lineal feet along the highway.
            2.   TB Tourist Business District. No freestanding signs are permitted, with the exception of those that have made application and been considered and approved for a Conditional Use Permit for the use and placement of a freestanding sign.
               A.   One freestanding sign may be considered for a Conditional Use Permit for being located on a property within the Tourist Business District.
                  i.   This requires a Conditional Use Permit application, Village Planning Board review, a public hearing as part of the Planning Board consideration, and for the Planning Board to make their recommendation(s) and any condition(s) to the Village Council.
                  ii.   The Village Council may then consider the application. Council must then hold a public hearing and may approve the Conditional Use Permit.
                  iii.   Planning Board, Village Council public hearings, and final consideration may occur on the same date.
               B.   Conditions for consideration for having a freestanding sign within the Tourist Business District:
                  i.   The property where the existing business operates has sufficient property where a freestanding sign could be placed;
                  ii.   The sign placement cannot interfere with potential or existing parking;
                  iii.   Sign placement may not block, impede, or adversely affect pedestrian traffic, walkways, or sight lines of pedestrian or vehicular traffic in any manner;
                  iv.   The sign must conform to all other design, lighting, and size requirements as are within this chapter for any other commercial signs or freestanding signs;
                  v.   Must maintain the same location of any existing sign, and the sign size and other guidelines as may apply must be retained or included in the repairs or changes to any existing or newly proposed freestanding sign;
                     a.   A Conditional Use Permit will be required for any freestanding sign already existing within the Tourist Business District at the time of any change in property use or when a new property owner takes possession of the property.
                     b.   Current businesses or property owners may change copy, color, brand, or logo, and any other business defining aspects of the sign presentation and/or make repairs, but cannot enlarge or expand as a non-conforming sign or change beyond the conditions set forth in any Conditional Use Permit issued.
                     c.   Freestanding sign Conditional Use Permits are granted to the existing property owner and these permits do not convey in any manner to a new property owner.
                     d.   New property owners must make a Conditional Use Permit application for any existing, changing, or new freestanding sign.
            3.   CB Community Business District, CF Community Facility District, CG Campground and Recreational Vehicle District, MF Medical Facility District, and TB Tourist Business District. One freestanding, on premise sign is permitted, provided the sign shall not exceed a maximum of 32 square feet in area, and shall be set back off the adjacent right-of-way no less than 28 feet in the Tourist Business District or 15 feet in the Community Business District from U.S. Highway 64/74A, unless differing conditions are assigned through the granting of a Conditional Use Permit for properties within the Tourist Business District.
               A.   The conditions set forth in any Conditional Use permit for a freestanding sign in the Tourist Business District may vary from the guidelines within this chapter;
               B.   Should there appear to be a conflict with any of the conditions set forth in any Conditional Use Permit with those within this chapter, those conditions granted and applied within the Conditional Use Permit prevail.
         (d)   Temporary, portable, and banner signs.
            1.   A.   A non-profit entity may obtain a permit to post signs advertising its activities provided that the entity may post the sign or signs for no longer than 30 days in advance of the scheduled event and the sign must be removed within 48 hours after the conclusion of the event.
               B.   For the purpose of this section, the term NON-PROFIT ENTITY shall be defined to include any organization which has been recognized by the Internal Revenue Service as tax exempt pursuant to § 501(c) of the Internal Revenue Code. Temporary signs may be non-illuminated or indirectly illuminated and may not exceed 36 square feet in area.
            2.   Any other entity, business, or commercial, governmental, or other similar agencies, and any other unincorporated group may apply for and be considered for a temporary sign or banner sign permit provided that they follow the following guidelines:
               A.   A sign permit application should be completed and submitted no less than 30 days prior to the use of any temporary or banner sign by any entity other than a § 501(c)(3) non-profit;
               B.   Temporary or banner signs may not exceed 36 square feet in area;
               C.   These signs may not remain in use and be visible for more than 30 days prior to the event and must be removed within 48 hours upon the end of the event date;
               D.   If lighted, must follow all regulations within this chapter for the lighting of any signs; and
               E.   Temporary or banner signs may only be used twice during any 12 month period.
            3.   Temporary business or commercial, portable (mobile) signs are permitted for short term or daily use provided they do not block or interfere with pedestrian or vehicular movement, and must not cause or create a safety hazard. Signs may have 2 sides with each face not to exceed 2 feet by 4 feet with the base to be no more than 2 feet in width or depth.
      (2)   Signs permitted in Residential Districts: LR Low Density Residential District, MR Medium Density Residential District, and HZ Holding Zone District. The following signs shall be allowed in all residential districts, subject to the standards set forth in this section and other applicable provisions of this chapter:
         (a)   Subdivision or multi-family identification signs;
         (b)   An on-premise, freestanding sign containing the name of the subdivision or multi-family development is permitted on 1 or both sides of each entrance into the subdivision or development, provided that a minimum of 50 square feet of landscaped area be provided at the base of the signs. These signs may be non-illuminated or indirectly illuminated; and
         (c)   A subdivision or multi-family identification sign conforming with the above requirements may also be located within the median of an entrance with a divided median, provided the sign is set back a minimum of 10 feet from the intersection of the entrance road and the adjacent road right-of-way, and a minimum of 28 feet from U.S. Highway 64/74-A. The sign may be non-illuminated or indirectly illuminated.
(Ord. passed 10-19-2004; Am. Ord. passed 11-14-2006; Am. Ord. passed 12-16-2014; Am. Ord. passed - -)