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(A) For safety reasons, no wall or fence shall be over three feet in height in any front yard setback on a corner, except when an open, chain-link type fence may be constructed in the setback areas to a height of six feet; provided that, it is left open.
(B) A conditional use permit is required for barbed wire, razor wire and electrically charged fence. All electric fences shall be signed to alert the public to the fact that an electric fence is present. No charge shall be made for the application.
(1974 Code, § 18-3-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
Home businesses shall be permitted only with a conditional use permit in any residential zone subject to the following requirements.
(A) The home business shall be secondary to the use of the property and dwelling unit for dwelling purposes, and shall not change the character thereof.
(B) There shall be no exterior materials or variation from the residential character of the principal building.
(C) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(D) The activity limitations shall be determined per case by conditional use permit. Some restrictions shall apply: no troubled youth or violent individuals.
(E) Permit must be renewed annually.
(F) Any violations of the terms of the conditional use permit make it subject to revocation.
(G) A home business shall not include the following: any business that caused danger to the neighbors, gives off irritating odors or noise, or discharges hazardous waste into the air or ground. Others will be determined on a case by case basis.
(1974 Code, § 18-3-5) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
SIGNS
(A) The purpose of this subchapter is to encourage the effective use of signs as a means of communication and to improve the appearance and aesthetic quality of the community. The subchapter seeks to permit signs that will not, by reason of their size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety or otherwise endanger public health, safety and morals.
(B) The sign requirements contained herein are declared to be the maximum allowable, and sign types not specifically allowed as set forth within this section shall be prohibited. Where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. A change or rearrangement in the structural part of design whether by extending on a side, by increasing in area or height, or by relocating or change in position. ALTERATIONS shall not be interpreted to include changing outdoor bulletin or other similar signs, which are designed to accommodate changeable copy.
BUILDING, FRONT LINE OF. The line of that face of the building or structure nearest the front line of the lot. The face includes sun parlors, bay windows, covered and/or uncovered porches whether enclosed or unenclosed, but does not include uncovered steps less than four feet above grade and eaves overhanging less than two feet.
BUILDING LINE. A vertical surface intersecting the ground along the line of the face of the building or structure nearest the front line of the lot.
CLEAR VIEW AREA. A triangular area formed by the intersection of lines extended from the front face of the curb and a line connecting them at points 25 feet from the intersection of the lines.
NON-CONFORMING SIGN OR SIGN STRUCTURE. A sign or sign structure or portion thereof lawfully existing at the time of its construction which does not conform to all height, area, yard spacing, animation, lighting or other regulations prescribed in the zone in which it is located.
SIGN.
(1) A presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
(2) The following are individual sign definitions which are specific types of signs included within the general definition above.
(a) “A” FRAME SIGN. Temporary and/or moveable sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position.
(b) ABANDONED SIGN. A sign which identifies a discontinued use on the property or has not been maintained for a period of 60 days, where conduct on the part of the sign owner or the person having control of the sign indicates an intention to relinquish ownership or title to the sign.
(c) ANIMATED SIGN. A sign which involves motion or rotation of any part, created by artificial means or which displays flashing, revolving or intermittent lights.
(d) BALLOON SIGN. Advertisement supported by a balloon anchored to the premises where the advertised use is conducted, product or commodity sold, service performed or a business name is located.
(e) CANOPY SIGN (including AWNING, MARQUEE, SUSPENDED SIGNS).
1. A CANOPY SIGN is any sign which is a structure other than an awning made of cloth, metal or other material with frames affixed to the building and carried by a frame which is supported by the ground.
2. An AWNING SIGN is any sign which is a structure made of cloth, metal or other material affixed to a building in a manner that the structure may be raised or retracted to a position against the building.
3. MARQUEE SIGNS are any signs built on a permanent roof-life structure or canopy of rigid materials supported by and extending from the facade of a building.
4. SUSPENDED SIGNS are signs which are anchored to a building and are free to hang from the structure to which it is attached.
(f) CHANGEABLE COPY SIGN. A sign on which copy is changed either manually in the field (e.g., reader boards with changeable letters, or automatically on a lampbank) or through mechanical means (e.g., electrical or electronic time and temperature units).
(g) CIVIC SIGN. A sign erected by a public or non-profit agency, service club and the like for civic or public information.
(h) DEVELOPMENT SIGN. An on-premises temporary sign identifying a construction project or subdivision development. The sign may contain the name of the project, name and address of the construction firm(s), architect and developer.
(i) DIRECTIONAL/INFORMATION SIGN. A sign no more than three feet high, and no greater than three square feet, giving directions, instructions or facility information, which may contain the name or logo of an establishment, but no advertising copy (e.g., parking, or entrance or exit signs). The sign may contain a logo; provided that, the logo may not comprise more than 20% of the total sign area.
(j) FLASHING SIGN. A sign which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light.
(k) FLAT SIGN. A sign which is affixed to an extension wall or building or structure and which does not project more than 18 inches from the building or structure wall.
(l) FREESTANDING SIGN. A sign supported upon the ground by poles or braces and not attached to any building.
(m) ILLUMINATED SIGN. A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
(n) MONUMENT SIGN. A sign less than six feet in height which is flush to the ground, is incorporated into the landscape or architectural design scheme and displays the name of buildings or occupants only.
(o) MURAL SIGN. A sign that is applied to a building wall with paint or a thin layer of vinyl, paper or similar materials adhered directly to the building surface that has no sign structure.
(p) NAME PLATE SIGN. A sign indicating the name and/or occupation of a person legally occupying the premises.
(q) OFF-PREMISES SIGN. An advertising sign which directs attention to a use, product, commodity or service not related to the premises on which the sign is located.
(r) ON-PREMISES SIGN. A sign directing attention to a use-conducted product, commodity sold, service performed or business name upon the premises on which it is located.
(s) PROJECTING SIGN. A sign which is affixed to an exterior wall or building or structure and which projects more than 18 inches from the building or structure wall, and which does not extend more than three feet above the parapet, eaves or building facade of the building upon which it is placed.
(t) PROPERTY SIGN. A sign related to the property upon which it is located and offering such information as address, name of occupancy for residential uses, sale or lease of the property, warning against trespassing, any hazard or other danger on the property.
(u) REAL ESTATE SIGN. One real estate sign on any lot or parcel; provided, the sign is located entirely within the property to which the sign applies is not directly illuminated, does not exceed eight square feet in area, and is removed within seven days after the sale, rental or lease has been accomplished.
(v) ROOF SIGN. A sign which is erected partly or wholly on the roof of the building. Notwithstanding the foregoing, a sign structure having main supports embedded in the ground shall not be considered to be a ROOF SIGN even if the sign’s supports pass through a roof, canopy or parapet of a building.
(w) SERVICE SIGNS. A sign that is incidental to a use lawfully occupying the property upon which the sign is located, and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrance and exits and the like.
(x) SNIPE SIGN. A sign which is attached to a public utility pole, or the supports for another sign.
(y) TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out of doors for 30 days.
(z) WALL SIGN. A sign that is either painted on a wall or its facing, and not having a sign frame or separation from the wall or facing.
(aa) WINDOW SIGN. A sign permanently attached and located within a building so as to be visible through a window or door outside of the building.
SIGN AREA.
(1) The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign. Only one side of a back-to-back or double-faced sign shall be used in computing sign area when sign surfaces are parallel or diverge from a common edge by an angle of less than 45 degrees.
(2) SIGN AREA of signs in the shape of a sphere, prism, cylinder, cone, pyramid, square or other shapes shall be computed as one-half of the total surface area.
SIGN SETBACK. The minimum distance that any portion of a sign or sign structure shall be from any street right-of-way line.
SIGN STRUCTURE. Anything constructed or erected supporting a sign which requires locations on or below the ground or attached to something having locations on or below ground.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
(A) Permits. Except as provided in this section, it shall be unlawful to display, erect, relocate or alter any sign without first filing with the town office an application in writing and obtaining a sign permit. When a sign permit has been issued by the town office, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the permit without prior approval of the town office. A written record of the approval shall be entered upon the original permit application and maintained in the files of the town office.
(B) Application for permit. The application for a sign permit shall be made by the owner/tenant of the property on which the sign is to be located, or his or her authorized agent, or a licensed sign contractor. The application for a sign permit shall be accompanied by the following plans and other information:
(1) The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;
(2) The location by street address of the proposed sign structure;
(3) Complete information as required on application forms provided by the town office, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign and other data as are pertinent to the application. Specifically, the elevation drawing shall show the type of sign, the sign display, the sign height and the sign area. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated, existing and proposed buildings or other structures, control curbs and parking areas;
(4) Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footing, and materials to be used;
(5) Application for an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and
(6) A statement of the total cost of erecting the sign.
(C) Exceptions from permit requirements.
(1) Excepted changes. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this chapter or any other law or ordinance regulating the same:
(a) The changing of the advertising copy or message of a painted, plastic face or printed sign only. Except for signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception;
(b) The electrical, repainting or cleaning maintenance of a sign; and
(c) The repair of a sign.
(2) Excepted types. The following types of signs are allowed without permit, but otherwise subject to the regulations of this section:
(a) On-premises advertising signs that are painted on windows or attached to windows or walls, clearly of a temporary nature, 30 days and under, and which promote specific sales;
(b) Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature (30 days and under);
(c) Interior signs;
(d) Signs not exceeding two square feet in area and bearing only property numbers, postal box numbers or names of occupants of premises;
(e) Legal notices, identification, information or directional signs erected by governmental bodies;
(f) Property signs with no more than six square feet of area;
(g) Service signs with no more than six square feet of area;
(h) Permanent signs painted or mounted to the interior or exterior of the windows; and
(i) Temporary signs intended to advertise “garage/yard sales” or sales of personal goods by a homeowner to the public. The signs shall not be more than six square feet, and shall not be erected more than 48 hours in advance of the sale, and no longer than 48 hours during a sale, and shall be removed within 24 hours after the sale ends.
(D) Fees for sign permit. A fee as established by resolution of the Town Council shall be paid according to the fee schedule to the town for each sign permit issued under this chapter.
(E) Issuance and denial.
(1) The town office shall issue a permit and permit tag for the erection, alteration or relocation of a sign within ten days of receipt of a valid application; provided that, the sign complies with all applicable laws and regulations of the town. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
(2) When a permit is denied by the town office, a written notice shall be given to the applicant along with a brief statement of the reasons for denial. The town office may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
(F) Permit conditions, refunds and penalties. If a permit is denied, the permit fee will be refunded to the applicant.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
(A) Traffic hazard. Signs shall not:
(1) Be erected at the intersection of any streets or driveways in 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.
(2) Make use of the words “Stop”, “Drive-in”, “Danger” or any other words, phrases, symbol or character in a manner as to interfere with, mislead or confuse vehicle operators.
(B) Clearances and setbacks.
(1) Signs less than three feet in height may be placed in the clear view area as allowed by legal setback.
(2) Signs more than three feet in height must have a front setback that shall be the same as for buildings in that zoning district or a front setback at least 18 inches from the front property line as measured from leading edge of the sign, whichever is greater. The sign shall also meet clear view requirements as detailed in § 153.051.
(3) Signs over pedestrian ways shall have a clearance between the ground and the bottom of any projecting or ground sign of not less than eight feet.
(4) Signs over private driveways for vehicular traffic, shall have a minimum clearance of not less than 14 feet.
(C) Signs on and over public property. No sign shall be located on publicly owned land or inside street right-of-way except signs required and erected by written permission of the Town Council. No projecting sign attached to a building shall project over public property, except by written permission of the Town Council. Ground signs may not project over public property.
(D) Prohibited signs. Signs not specifically allowed by this chapter are prohibited. The following signs are specifically prohibited:
(1) Abandoned;
(2) Snipe;
(3) Any sign placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign. (This does not apply to allowed portable signs or to signs or lettering on buses, taxis or vehicles operating during the normal course of business);
(4) Any sign which exceeds the allowable square feet, except by permission of the Planning and Zoning Commission; and
(5) Home occupation permitted under a conditional use permit.
(E) Illuminated signs. An illuminated sign which permits the light to penetrate beyond the property in a manner as to annoy or interfere with the use of adjacent properties is prohibited.
(F) Anchoring.
(1) No sign shall be suspended by non-rigid attachments that will allow the sign to swing in a wind.
(2) All freestanding signs shall have self-supporting structures erected on or permanently attached to an acceptable foundation as determined by the Building Inspector.
(3) All portable signs on display shall be braced or secured to prevent motion.
(G) Additional construction specifications.
(1) No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2) No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the Town Building or Fire Prevention Codes.
(3) Signs shall be located in a way as to maintain horizontal and vertical clearance with all overhead electrical conductors in accordance with Electrical Code specifications, depending on voltages concerned.
(H) Mobile changeable copy sign. One mobile changeable copy sign may be used for the street frontage of a building, for a period of 14 consecutive days, not to exceed 28 days in a calendar year. Each sign shall require a sign permit for each period. The signs shall be in full conformance with all Building and Electrical Codes. The signs shall not exceed 32 square feet in size and six feet in height, and shall conform with all setback, clearances and other general provisions of this chapter.
(I) Temporary signs. Permits for any temporary sign shall not exceed 30 days in a calendar year. It shall be the responsibility of the applicant to remove temporary signs upon expiration of the permit period.
(J) Maintenance. Every sign shall be kept in good condition as to maintenance and repair, including the replacement of defective parts, repainting and cleaning. The ground space within a radius of ten feet from the base of any ground sign shall be kept free and clear of all weeds, rubbish and inflammable material.
(K) Sign removal. Signs identifying a discontinued use on the property shall be removed from the property within 30 calendar days of the time the use was discontinued. A sign remaining thereafter shall be considered abandoned.
(L) Repair of building facade. A damaged building facade as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within 30 calendar days of the time the use was discontinued.
(M) Non-conforming sign. A non-conforming sign may not be moved to a new location, altered, enlarged or replaced unless it be made to comply with provisions of this section.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
(A) Sign erection safety precautions for streets and sidewalk. Whenever any sign or other advertising structure is erected in whole or in part on or over any public street or sidewalk, the person or persons performing the work shall, before proceeding to erect the same, take all precautions necessary to ensure the safety of persons and property on the street or sidewalk. Before hoisting any material whatsoever above the surface of any street or sidewalk or placing any material upon the traveled portion of any street or sidewalk, the persons or person performing the work shall exclude the traveling public from the portion of the street or sidewalk in which the work is to be done by means of suitable barriers, protected walkways and warning devices approved by the Building Inspection Department. Whenever the Department shall deem it necessary under the conditions then existing, it shall provide a guard or guards to exclude all persons not concerned in the work from the portion of the street or sidewalk in which the work is to proceed. When hoisting any sign or advertising structure above the surface of any street or sidewalk, the same shall be accompanied by hoisting devices of approved design and adequate capacity to accomplish the work in accordance with approved engineering practices, all of which hoisting equipment shall be kept and maintained in good and workable condition.
(B) Town non-liability. The town, its town office and its other agents shall, in no way, be liable for any negligence of the owner or the person responsible for the sign.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
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