(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)