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(A) For the purpose of this section, a nonconforming sign shall be defined as a sign which does not conform with the provisions of this subchapter or which does not conform with the town zoning ordinance; such sign shall be removed within a period of 3 years from the effective date of the adoption of this chapter, except that:
(1) On-site nonconforming signs. All nonconforming signs not otherwise prohibited by the provisions of this chapter, relating to a place of business and located on the same premises as such place of business, may be continued until:
(a) The nature of the business conducted on the premises changes in such a manner as to occasion a change in the existing sign; or
(b) The name of the business changes and the sign is changed or modified either in shape, size or legend.
(2) Off-site nonconforming signs. Where an off-site non-conforming sign is located off the premises of the place of business to which the sign pertains and exists at effective date of the adoption of this subchapter and could not be built under the terms of this subchapter by reason of restrictions on sign area, height, its location on the lot, or other requirements, the owner of the sign shall remove the sign within 3 years from the effective date of the adoption of this subchapter.
(B) No nonconforming sign may be enlarged or altered in a way from which would increase its nonconformity.
(C) Should any nonconforming sign be damaged by any means to an extent of more that 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with provisions of this subchapter.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this subchapter. The exemptions shall apply to the requirement for sign permit only and no sign permit shall be required for the erection of the following signs:
(A) Professional name plates erected flat on walls of building and not exceeding 4 square feet of display surface area.
(B) One on-site building construction sign on each construction site provided that the maximum display surface are shall not exceed 8 square feet.
(C) On a lot there may be erected on each street frontage 1 unanimated real estate sign not more than 8 square feet in surface area.
(D) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(E) Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs required by law.
(F) Election campaign signs are permitted but only for the period 90 days prior to the elections to which it applies, and it shall be removed within 10 days following the final election that is held.
(G) Street banners which advertise upcoming community events in the town or county.
(H) All signs located within a building that are not visible to the public outside the building.
(I) Signs painted on, or affixed to, glass surfaces of windows or doors pertaining to the lawful business conducted therein.
(J) Temporary holiday decorations.
(Ord. 612, passed 2-9-1998)
(A) Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down, or removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Town Manager, and, upon failure to comply with such notice within the time specified in such order, the Town Manager is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property, building, or structure to which such sign is attached or affixed.
(B) Signs not to constitute traffic hazard. No sign or other advertising structure as regulated by this subchapter shall be erected or continued to be displayed at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, “stop,” “look,” “drive-in,” “danger,” or any other word, phrase, symbol or character in such manner as to interfere with, mislead, or confuse traffic.
(C) Obstructions. No obstructions to view shall be placed or maintained between 3 and 8 feet above the street level within the triangular space at the street corner of a corner lot as defined by the street rights-of-way bordering the corner lot and a line connecting two points each located 25 feet distant along such street rights-of-way from the intersection or projected intersection of the street right-of-way lines. In addition, on Highway 87 (First Street), no objects greater than 2.5 feet in height above street level, shall be placed or maintained within the area located 10 feet back from the street right-of-way.
(D) Parked vehicle. A parked vehicle carrying advertising shall be considered a sign unless in operable condition and carrying a current, valid license tag.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
Off-site roof signs shall be prohibited. All off-site roof signs existing on the date of adoption of this subchapter are nonconforming signs.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
It shall be unlawful to erect any free-standing off-site signs. All free-standing off-site signs existing on the date of the adoption of this subchapter are nonconforming signs.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
It shall be unlawful to erect any projecting sign that projects more than 2 feet from the wall of the building upon which it is erected or which projects beyond the end or top of the wall to which it is attached. Display surface area of projecting signs shall not exceed 16 square feet. Only 1 projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a free-standing sign.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
The Planning and Zoning Commission may grant a variance from the strict application of the requirements of this subchapter owing to conditions peculiar to the property and not the result of actions of the applicant where the strict application of the requirements of this subchapter would result in unnecessary or undue hardship that would deprive the owner of the reasonable use of land or building, so long as such variance is not contrary to the public interest. A variance shall be good for the time specified by the Planning and Zoning Commission but no longer than 3 years. Successive variances may be granted but must be independently applied for and granted and the previous granting of a variance shall in no way obligate the Commission to grant a subsequent variance. There shall be a presumption that locating a free-standing off-site sign, such as a billboard, within 500 feet of another free-standing off-site sign is contrary to the public interest and such presumption can be over come by only clear and convincing evidence and a unanimous vote of the Commission. The procedures for applying for a variance, fees, notice, publication, deadlines, hearings, conditions of variances and appeals shall be the same as those set out in Ordinance 558 governing zoning.
(Ord. 612, passed 2-9-1998) Penalty, see § 154.99
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