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§ 153.050 PURPOSE.
   (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)
§ 153.051 DEFINITIONS.
   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)
§ 153.052 PERMITS.
   (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)
§ 153.053 GENERAL SIGN PROVISIONS.
   (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)
§ 153.054 SAFETY IN CONSTRUCTION AND CITY NON-LIABILITY.
   (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)
§ 153.055 SPECIFIC REGULATIONS FOR EACH ZONE.
   No person shall install or maintain any sign in the town and in the zones listed, except as herein provided. Signs not allowed in the following divisions are specifically prohibited.
   (A)   Residential zone.
      (1)   Name plates. One lighted or unlighted name plate identifying the occupancy of the premises of maximum area of two square feet. Residential sign not to exceed eight square feet for name and address of a multiple-family, residential building. The sign shall not advertise a home occupation.
      (2)   Property signs. No more than one property sign shall be permitted. Property signs may also be modified to indicate that the property has been sold, provided that the total area for any one sign does not exceed six square feet.
      (3)   Civic sign. One civic sign not to exceed 16 square feet in sign areas.
      (4)   Residential monument signs. Two monument type subdivision identification signs will be allowed in a residential or other subdivision; provided that, these signs:
         (a)   Are located a minimum of ten feet from front property lines;
         (b)   Are limited to 65 square feet in area for each sign;
         (c)   Contains no animation;
         (d)   Have no visible source of illumination; and
         (e)   Are limited to six feet in height.
      (5)   Promotional signs for residential developments. One promotional sign per subdivision shall be allowed, not located in any required setback, not exceeding 12 feet in height and not containing more than 32 square feet. Projects with more than ten dwelling units may have an additional two square feet of sign area per unit up to a maximum of 100 square feet.
      (6)   Bed and breakfast inn. A bed and breakfast inn established may have a sign of not more than four square feet attached to the building or mounted on a wooded post a maximum of six feet in height, parallel to the street and set back at least 15 feet from the curb line.
      (7)   Temporary sign. The signs permitted hereunder shall be temporary in all cases and shall be removed when all lots have been sold by the original developer. The sign permitted in this division (A)(7), may be placed on other land belonging to the same owner providing to the subdivision or planned development being advertised and both properties involved are different phases of the same overall development. Any sign permitted by this division (A)(7) may be illuminated or may be lighted if the source of lighting is not visible. Animated illumination or lighting shall not be employed.
         (a)   Real estate sign. One real estate sign not to exceed eight square feet in sign area.
         (b)   Development sign. One residential development sign shall be permitted, as defined under development signs.
         (c)   Balloon sign. One balloon sign shall be permitted, as defined under balloon signs.
   (B)   Commercial and manufacturing zones (C-G, C-H, M-O).
      (1)   Residential areas. When located on property butting a residential zone, signs shall conform to residential requirements with respect to lighting and animation.
      (2)   Balloon signs. Permitted according to definitions, balloon and temporary sign definition. Balloon signs must comply with § 153.053.
      (3)   Animated signs. Animated signs may be permitted in commercial zones only.
      (4)   A-frame signs. A-frame signs may be permitted on commercial property in accordance with the clear view requirements of this chapter.
      (5)   Entrance or exit signs. One entrance or exit sign may be permitted at each driveway entering or leaving the premises. The signs shall not exceed three square feet in area nor be more than six feet in height from the ground.
      (6)   Property signs. No more than two signs offering the premises for sale, lease or inspection by the public may be permitted; provided that, the total area of each sign does not exceed 24 square feet. The signs may be modified to indicate that the property has been sold.
      (7)   Flat signs. May be permitted subject to the following provisions; flat signs shall not exceed 20% of the face of the front wall with 100 square foot allowable minimum whichever is greater. A sign shall not project more than 18 inches from the building or structure. A sign shall not rise above the roof line and may be lighted if the source of lighting is not visible.
      (8)   Wall signs. May be permitted subject to the following provisions; wall signs shall not exceed 40% of the face of the side wall with 100 square feet allowable minimum (whichever is greater). Wall signs may be painted directly on wall surface or on sign board that is attached directly to the wall face. Wall signs shall not rise above roof line and may be lighted if the source of lighting is not visible.
      (9)   Mural signs. May be permitted subject to the following provisions; mural signs shall not exceed 90% of the face of the side wall. Mural signs may be painted directly on surface or on sign board that is attached to wall face. Mural signs shall not rise above roof line and may be lighted if the source of lighting is not visible.
      (10)   Projecting signs. May be permitted subject to the following provisions; a business with no front setback; one projecting sign may be permitted and shall not exceed 80 square feet. Businesses with front setback, one projecting sign may be permitted. The sign shall not exceed 100 square feet. The sign may be doubled-sided and shall not rise more than three feet above the roof line. The sign may be lighted if the source of lighting is not visible. (See below.)
      (11)   Roof signs. Any sign erected over or on the roof of a building. Roof signs are allowed on the basis of an approved conditional use permit.
      (12)   Monument signs.
         (a)   Any freestanding sign supported upon the ground by a solid base. Monument signs are intended to be low to the ground requiring no clearance, which sign and base are of approximately equal size in width and length.
         (b)   Monument signs shall conform to the following requirements.
            1.   Maximum sign height is eight feet.
            2.   Maximum sign area is 80 square feet.
            3.   Number of signs: there may be one sign for each frontage of property, plus one additional sign for each 100-foot increment of the frontage in excess of 100 feet.
            4.   Sign setback shall be determined so that no sign will interfere with the public right-of-way nor clear vision of a street intersection.
            5.   Minimum distance from a street intersection (back of curb) is 40 feet.
            6.   No sign shall interfere with the public right-of-way.
      (13)   On-premises freestanding signs. On-premises sign means any sign which directs attention to a use, product, commodity or service performed upon the premises on which it is located. FREESTANDING means a sign supported upon the ground by poles or braces, and not attached to any building.
         (a)   No freestanding sign shall be allowed in any residential zone.
         (b)   On-premises freestanding signs shall conform to the following requirements.
            1.   Signs shall not exceed 35 feet in height, except in a C-H zone where a maximum height of 50 feet may be allowed.
            2.   Number of signs: there may be one sign for each frontage of property, plus one additional sign for each 100 feet of the frontage in excess of the initial 100 feet.
            3.   Adjoining properties: the sign shall be no closer than 25 feet from adjoining commercial properties. Signs shall be separated by 100 feet.
            4.   Area of sign: shall be determined by the following: frontage of the lot in lineal feet. Only one sign shall be permitted not to exceed 100 square feet and shall be permitted for parcels with 100 lineal feet of frontage or less. Thereafter, the area of the sign may be increased by ten square feet for each additional ten feet of frontage beginning with 110 feet of frontage.
            5.   Maximum sign face shall not exceed 185 square feet. If larger signs are requested for lots over 250 lineal feet frontage, signs may be permitted with a conditional use permit. Area of sign may be increased above the 185 square feet by ten square feet for each additional 25 feet of frontage beginning with 250 feet of frontage. Maximum sign face shall not exceed 295 square feet. Signs shall be separated by at least 100 feet. The signs shall be no closer than 50 feet from adjoining commercial properties. Maximum number of sign per parcel is two.
            6.   No sign shall project over a property line interfering with the public right-of-way.
            7.   Freestanding signs may be double-sided and may be lighted if the source of lighting is not visible.
            8.   Where freestanding signs overhang a sidewalk, they shall have a minimum clearance of eight feet and a minimum of 14 feet over driveways.
            9.   Reader boards. Changeable copy areas and electronic message centers may not exceed 2% of total sign copy area.
      (14)   Off-premises signs. Off-premises signs means any sign which directs attention to a use, product, commodity or service not related to the premises. FREESTANDING means a sign supported by poles or braces, or a monument sign, and not attached to any building.
         (a)   All off-premises freestanding signs may only be permitted through the conditional use process. No freestanding signs shall be allowed in any residential zone.
         (b)   Off-premises freestanding signs shall be permitted for a commercial enterprise with no alternative for an on-premises sign and, except for directional signs, and shall conform to the following requirements.
            1.   Sign shall comply with conditions listed under on-premises signs.
            2.   Sign shall not exceed 100 square feet.
            3.   Minimum distance from a residential zone is 150 feet.
            4.   Maximum number of signs per parcel is one.
            5.   Directional signs shall not exceed nine square feet.
      (15)   Facility signs. Signs identifying churches, schools, public utilities, buildings and facilities, public-owned and operated properties, hospitals, homes for the aged, nursing homes, convalescent homes, private clubs, fraternal organizations and roadside stands are subject to the following.
         (a)   The signs shall not exceed 24 square feet in area and shall contain no advertising copy. It shall be located on the property to which it pertains and the number shall be limited to one.
         (b)   There may be two signs per entrance to the facility and the sign may be double-faced, if only one sign is requested. Signs must be located on the property to which it pertains. It may be a freestanding, flat, wall or monument type sign and shall meet the specification for the type of sign as described in this chapter.
      (16)   Canopy (including awning, marquee, suspended) signs. 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. 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. Marquee signs are any signs built on a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. Suspended signs are signs which are anchored to a building and are free to hang from the structure to which it is attached.
         (a)   Canopy signs may be permitted only through conditional use process.
         (b)   Marquee signs only (in this section) will allow reader boards, changeable copy areas and electronic message centers, but may not exceed 50% of the total sign copy area.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
§ 153.056 ENFORCEMENT.
   (A)   Signs to conform.
      (1)   Except as provided in this subchapter, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, unless in conformity with this section.
      (2)   A non-conforming sign shall not be altered, reconstructed, raised, moved, placed, extended or enlarged unless the sign is changed so as to conform to all provisions of this subchapter.
   (B)   Prohibited signs to be abated.
      (1)   Signs prohibited under other laws or ordinances are also in violation of this subchapter and are subject to remedies herein provided.
      (2)   The non-conforming sign provisions of this subchapter shall not be applicable to the prohibited signs.
   (C)   Town office. The town office shall be responsible for inspecting signs as defined by this section, and shall be authorized to enforce this subchapter, but the Town Council, by resolution or ordinance, may from time to time entrust the administration, in whole or in part, to any other office of town government without amendment to this subchapter.
   (D)   Legal action. The town office with the consent of the Town Council shall be empowered to institute any appropriate action or proceeding in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any town ordinance, to accomplish the following purposes:
      (1)   To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
      (2)   To restrain, to correct or abate the violation;
      (3)   To abate and remove unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within ten working days after giving notice as provided below, the town office may at once abate and remove a sign and the person having charge, control or benefit of any sign shall pay to the town the costs incurred in removal within 30 calendar days after written notice of the costs is mailed to the people; and
      (4)   Notification by the town shall mean written notice sent by certified mail to persons having charge or control or benefit of any sign, such as a property owner, found by the town office to be unsafe.
   (E)   Immediate hazard. In the case of an unsafe or illegal sign that is either an immediate hazard or whose primary purpose will have been served, at least in part, before the expiration of the notice period required herein, the town office may affect an immediate removal without notice, subject to a subsequent right of hearing by the person receiving benefits therefrom.
   (F)   Notice of non-maintained abandoned sign. The town office shall require each non-maintained or abandoned sign to be removed from the building or premises when the sign has not been repaired or put into use by the owner, person having control or person receiving benefits of the structure within 30 calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving benefit of the structure.
   (G)   Right of appeal.
      (1)   Any person who has been ordered by the town office to alter or remove any sign, or any person whose application for a sign permit has been refused, may appeal to the Town Council by serving a written notice to the Town Clerk within ten days of the order of the town office.
      (2)   The notice shall be considered by the Council at its next regularly scheduled meeting.
      (3)   Upon filing of the notice of appeal, the town office shall take no further action with regard to any removal of the sign involved until the final decision of the Council on the appeal is known, unless the town office finds that the sign involved, by reason of its condition, presents an immediate and serious danger to the public, or comes within the provisions of division (E) above, in which case he or she shall proceed immediately as provided in this subchapter.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
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