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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
ADMINISTRATION AND ENFORCEMENT
(A) A Zoning Administrator shall be appointed by the Mayor, subject to the approval of a majority of all members of the governing body, to administer and enforce this chapter. The Zoning Administrator may also serve in some other capacity as an employee or appointed officer of the town. The Zoning Administrator shall administer the provisions of this chapter and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. The Zoning Administrator shall have no power to vary or waive ordinance requirements.
(B) The Zoning Administrator has the authority to enter all buildings and premises for the purpose of inspection, provided, however, that no dwelling may be entered without the consent of the occupant or owner without a warrant based upon probable cause in accordance with law issued by the Magistrate Judge setting out with specificity the place to be searched and condition suspected to be a violation of this chapter. The Zoning Administrator may institute any appropriate action or proceeding to prevent, restrain, correct, or abate a violation of this chapter.
(C) (1) The Zoning Administrator shall review all building permit applications required by the town municipal code. The Zoning Administrator shall determine if the proposed construction is in compliance with all provisions of the municipal code, or if it requires a variance, zone change or conditional use permit.
(2) No building permit shall be issued for a building or structure which is not in compliance with the municipal code. If a variance, zone change, or conditional use permit is necessary, the Zoning Administrator shall notify the applicant that he or she may request such change at the next scheduled meeting of the Planning and Zoning Commission, subject to proper publishing procedures.
(D) Whenever, in the course of administration and enforcement of this chapter, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood.
(E) The Zoning Administrator shall maintain an office to supply the public with any information concerning this chapter and shall maintain the official zone map in an updated form. A zoning action file shall be established and maintained and shall contain accounts and related records of the following:
(1) Conditional use permits.
(2) Variances.
(3) Application for zone changes and amendments.
(4) Certificates of nonconformances.
(5) Zoning appeal.
(6) Building permits.
(7) Violations.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) The Planning and Zoning Commission may grant a variance from the strict application of area, height, dimension, distance, setback off-street parking and off-street loading requirements of this chapter 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 chapter 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.
(B) A request for a variance shall be submitted to the Planning and Zoning Commission through the Zoning Administrator on prescribed application forms. The Planning and Zoning Commission shall approve or disapprove the variance request at 1 of its regular meetings, or at a special hearing if necessary. Public notice shall be given in a newspaper of general circulation in the area at least 15 days prior to the date of the meeting. The City Clerk shall cause a copy of the variance application to be sent by registered mail return receipt requested to the owners of property within 100 feet excluding public right-of-way of the property for which the variance is sought and that such mailing was made not less than 15 days prior to the date of hearing before the Planning and Zoning Commission at which the variance application is considered.
(C) The Planning and Zoning Commission may attach any conditions to the grant of a variance in order to assure that the requested variance:
(1) Will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property;
(2) Will not significantly change the character of the neighborhood or reduce the value of nearby property;
(3) Will not impose any significant cost burden upon the town; and
(4) Will be in harmony with the general purpose and intent of this chapter.
(Ord. 558, passed 12-8-1986)
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