The purpose of these regulations is to promote the well-being of the community by establishing standards that ensure the provision of signs adequate to meet essential communication needs while safeguarding the rights of the people in the community to a safe, healthful and attractive environment. Within this overall framework, it is the intent of these regulations to:
(A) Protect the right to the use of signs for the identification of activities and any related products, services and events and for noncommercial messages;
(B) Protect the right of individuals to privacy and freedom from nuisances;
(C) Protect the value of property and improvements thereon;
(D) Ensure that signs are constructed and maintained in a safe condition;
(E) Prevent signs from interfering with traffic regulatory devices or otherwise obstruction to motorist or pedestrian vision;
(F) Avoid visual clutter that may be harmful to traffic and pedestrian safety, property values, business opportunities and community appearance;
(G) Eliminate obsolete signs; and
(H) Provide an efficient and effective means of administration and enforcement.
(Ord. 1720, passed 8-13-2024)
As used in this chapter, unless the context otherwise indicates, the following shall apply:
ABANDONED SIGN. A sign or structure that has ceased to be used or has failed to be kept in good aesthetic condition, for a minimum of a six month period or as otherwise defined by state law.
AWNING. A roof-like cover or shelter attached to a building or a portion thereof and constructed of rigid or non-rigid materials on or under a supporting framework that may be either permanent or retractable.
BACK-TO-BACK SIGN. A structure with two sign faces oriented in opposite directions, placed either parallel or forming a V, with an angle no more than 45 degrees.
BILLBOARD. Any sign, typically used in the outdoor environment for off-premise advertising or the display of other commercial or noncommercial messages.
CANOPY. A multisided overhead structure supported partially or entirely by columns, but not enclosed by walls. The surface(s) and or soffit of a free-standing canopy may be illuminated by means of internal or external sources of light.
COMMERCIAL COMPLEX. Two or more commercial uses on a single lot or adjacent lots which are approved as elements in an overall site plan.
DOWNTOWN DISTRICT. As defined in Exhibit A, attached to Ordinance 1720, passed 8-13-2024.
ELECTRONIC MESSAGE CENTER (EMC). A sign that has changing light intensity, and brightness of color and is capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means.
ELECTRONIC SIGN. An illuminant advertising media which include fluorescent signs, HID (high intensity displays), incandescent signs, LED signs, and neon signs.
ERECT. To construct, build, raise, assemble, place, attach, create, or in any other way bring into being or establish a sign. The term ERECT shall not mean a change in the message or customary maintenance and repair on a sign; however, repair and maintenance will not include replacing the support structure, except to correct destruction caused by tornadoes or severe storms when designated as such by Cumberland County Emergency Management Agency.
FREESTANDING SIGN. A sign on a frame, pole, or other support structure not attached to any building.
GROUND SIGN. A freestanding sign without visible support.
LAWN SIGN. A freestanding temporary sign that is typically made of corrugated plastic or other material and sometimes including a metal or wood frame, with tines that are placed in the ground for a foundation, and having a sign face surface area of not more than four square feet (576 square inches).
MOBILE OR PORTABLE SIGN. Any sign which is designed to be readily transportable from place to place, not permanently attached to a footer or masonry foundation, or any such sign, which generally meets these criteria, as shall be determined by the Building Official to be a mobile or portable sign. Mobile or portable signs include, but are not limited to, sandwich board signs, portable reader boards on wheels that display changeable copy, signs mounted upon trailers or vehicles, balloons, and other similar signs.
NUISANCE. A sign that unreasonably interferes with the rights the general public shares in common. Any sign erected or maintained in violation of this chapter is declared to be a nuisance to which the provisions of Title 13, Chapter 6 apply.
OFF-PREMISE SIGN. Any sign which directs attention to a business, commodity, good, service, facility, event, or thing located or to be conducted, sold, rented, leased, or otherwise offered elsewhere than on the premises.
ON-PREMISE SIGN. Any sign that identifies or advertises goods, services, facilities, events, or attractions available on the same premises or identifies the owner or occupant of the same premises.
PERMANENT SIGN. A sign that is, by reason of construction, intended to be displayed for an unlimited amount of time, or otherwise long-term basis. Not a temporary sign.
POLE SIGN. A sign supported by uprights or braces placed upon or into the ground and detached from any building.
ROADWAY. A certain width of the public right-of-way that has been paved or otherwise improved (commonly from curb to curb or ditch to ditch) and intended for the use by motor vehicles and bicycles.
ROOF SIGN. A sign erected on a roof, or signs that project above the highest point of the roofline, parapet, or fascia of a building.
SANDWICH BOARD. Type of sign usually composed of two boards with one board in front and one behind in a triangle shape, hinged along the top, creating a "sandwich" effect; or a single board set up in a lean-to fashion.
SIGN. Any structure or part thereof or device attached thereto or represented thereon, displaying or including, or designed to display or include, any writing, model, banner, flag, pennant, insignia, pictorial representation, emblem, or any other representation of similar character used as, or which is in the nature of an announcement, direction, advertisement, or other display directing attention, which is visible from outside a building. Any of the above characteristics constitutes a sign within a building, only when illuminated and located in a window. For the purposes of removal, signs shall also include all sign structures.
SIGN FACE. The portion of a sign including the display area, border, and trim, but excluding the base apron, supports and other structural members.
SIGHT TRIANGLE. The area located at the intersection of two or more streets, whether public or private, or a street and private driveway through which an unobstructed view of approaching traffic is necessary for motorists. This area shall be the triangular shape created by the edge line of intersecting roads and a third line determined by connecting two points measured down the edge of each intersecting road. One point shall be ten feet from the stop bar of the approach road, or in lieu of a stop bar, the stop sign, or lieu of a stop sign, 15 feet from the edge of the intersecting road. The other point shall be 100 feet measured down the intersecting road edge beginning from the edge of the approach road. The white "edge line" painted on the edge of the road to mark the legal driving surface will be considered the road edge. In lieu of an "edge line", the outer edge of pavement, concrete, gravel, or other driving surface will be used for measurement.
TEMPORARY SIGN. A sign that is, by reason of construction, intended to be displayed for a short period of time. Not a permanent sign.
(Ord. 1720, passed 8-13-2024)
(A) Except as herein provided, no sign, structure, or land shall be used and no sign or structure or parts thereof shall be erected, moved, or altered, unless for a use permitted by and in conformity with this chapter.
(B) Any existing permanent sign, structure, or use which does not conform to the provisions of this chapter or subsequent amendment thereto may be continued with the following limitations:
(1) A non-conforming sign, structure, or use can be changed to a similar non-conforming use but cannot be changed to one of greater nonconformity.
(2) When a non-conforming sign, structure, or use or part thereof is discontinued or abandoned for a period of six consecutive months (regardless of any reservation or intent not to abandon and to resume such use) such use shall not thereafter be reestablished or resumed. Any subsequent sign and the use or occupancy of such land or structure shall comply with the requirements of this chapter.
(3) A non-conforming use shall be restricted to the area occupied by such use, and a non-conforming use shall not be enlarged to include any additional sign, land, use, or structure.
(4) A non-conforming use shall not be structurally altered. This provision shall not be construed to prevent normal maintenance required for structural safety.
(C) Except as otherwise specified herein, a sign permit issued by the Building Official is required for all signs erected, installed, replaced, relocated, or expanded within the corporate limits of the City of Crossville. Applicants shall provide the Building Official with plans and specifications identifying the location, type, and design of proposed and existing signs. If upon review the Building Official finds that the application conforms to all requirements of this chapter, the Building Official shall issue a sign permit to the applicant. All permit applications shall specify whether the sign is a permanent or temporary sign, and all temporary, mobile, or portable sign applications shall request a specified permit expiration date.
(D) Permits shall not be required for lawn signs and flags displayed on private residential property.
(E) Sandwich boards along sidewalks are allowed if placed in an area that does not violate ADA guidelines or in the ROW except in the defined downtown district.
(F) Electronic signs are permitted with the following restrictions:
(1) The sign's luminance or brightness shall not exceed 0.3-foot candles (candela) when measured at a distance of 100 feet.
(2) The sign's copy shall not be permitted to flash or scroll. The copy should show frames in a slide-show like arrangement.
(3) Static images should have a three-second minimum hold time.
(G) Signs shall not resemble, obstruct, or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device and shall not obstruct or physically interfere with a driver's view of approaching or intersecting traffic based on sight triangle distance.
(H) No freestanding flashing signs will be permitted within 40 feet of the edge of any roadway except for official government use and/or public safety.
(I) No signs are allowed in the public right-of-way except for official government use and/or public safety. For purposes of this chapter, the public right-of-way shall include any median and 15 feet from the asphalt unless otherwise clearly marked. If wood lines or private property are less than 15 feet away from the edge or asphalt, signs may be placed as far as possible from the edge of the asphalt. This does not allow signs to be placed on private property without permission of the land owner. Notwithstanding the foregoing, this provision shall not supersede division (E) of this section relating to sandwich boards along sidewalks.
(J) No illuminated sign shall be of such intensity as to unduly disturb the use of any residential property or cause impairment to traffic.
(K) All temporary sign permits shall automatically expire after 60 days, and may be renewed by the Building Official, upon application, for good cause. The Building Official may prescribe a shorter time period for expiration of a temporary sign permit if requested by the applicant. Temporary signs remaining after expiration of a permit shall be considered abandoned and subject to removal without notice.
(L) As required by Tennessee law, T.C.A. § 2-1-116 (Campaign advertising), T.C.A. § 2-19-144 (Advertising material; public utility property), T.C.A. § 2-7-143 (Tennessee Freedom of Speech Act), and T.C.A. § 2-19-206 (State-owned property used for political purposes), as amended, shall preempt and supersede any provision of this chapter.
(M) No sign shall be erected or continued in operation which constitutes a nuisance by reason of light, glare, noise, animation, or is considered unsafe or abandoned.
(N) Electronic message centers shall be equipped with sensors that automatically determine the ambient illumination and adjust the sign's brightness accordingly.
(O) No sign shall be placed in such a manner as to impede visibility of and by oncoming traffic.
(P) All signs located near the corners of an intersection of public streets and/or private drives/streets/roads, shall be located outside the sight triangle.
(Q) All signs except for banners, flags, temporary signs, mobile or portable signs and/or sandwich board signs allowed shall be constructed of permanent materials that are permanently attached to the ground or a structure.
(R) No sign shall be painted on or attached to any trees, rocks, fence posts, utility poles, or similar structures or objects excluding those placed by the city or instrumentality of the city. Any signs to be mounted by the city or instrumentality of the city shall be approved by the City Manager.
(S) All signs shall be maintained in good condition at all times.
(T) No sign shall obstruct any means of egress.
(U) Mobile signs or portable signs can be used as an on-premise sign but cannot be used as an off- premise sign, except for a period of no longer than 14 days.
(V) Any obsolete sign panel or sign copy which identifies, describes, directs attention to, or gives directions for locating any business or establishment no longer in operation, or advertises any product no longer being marketed shall be removed within six months after becoming obsolete. Freestanding signs may have the face covered, painted, replaced with a blank, or other approved means to eliminate the message.
(W) The City Council is hereby designated to serve as the Sign Board to review and decide on requests for variances or adjustments from the specific terms of this chapter. The appellant shall submit a request letter with site plan and maps to the City Manager outlining all reasons for needing the variance. Any variance request or appeal may be taken up at any City Council meeting at which the request is part of the agenda. The Board may render a decision at the meeting or may take the request for study and render a decision at the next regularly scheduled meeting.
(X) The provisions of this chapter shall be enforced by the Building Official, and such Building Official shall have the power to make inspection of buildings or premises necessary to carry out the Building Official's duties in the enforcement of this chapter. Any person or business failing to comply with the requirements of this chapter may be cited into City Court. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions or safeguards established in connection with the grant of any variance or special exception, shall constitute a violation punishable by fine of not less than $2 nor more than $50 for each offense. Each day such violation continues shall be considered a separate offense, and the payment of a fine shall not constitute compliance. In addition, the Building Official, or other appropriate authority, or any person who is or would be damaged by a violation of this chapter, in addition to other remedies, may institute injunction, mandamus, or other appropriate action to prevent or remedy such violation. Nothing herein contained shall prevent the City of Crossville from taking such other lawful actions to prevent or remedy any violation.
(Y) Any signs removed for non-compliance shall be recorded and removed by the Building Official and stored at the city impound lot for a period of three months. The items will be disposed of if not picked up within the three-month period.
(Ord. 1720, passed 8-13-2024)
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