A. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BANNER. A piece of cloth, or other comparable fabric, bearing a message, motto, or other information directing attention to an activity or service of community or individual interest.
CHARITABLE ORGANIZATION. An organization providing benevolence and other acts of assistance to individuals and groups without charge and entitled to recognition under § 501(c)(3) of the Internal Revenue Code.
GRAND OPENING. The initial opening of a commercial or business operation. GRAND OPENING includes a change of location or ownership, but does not include a change in management, change in business title (with same ownership), or special sales or clearance event.
INSTITUTIONAL (USE). Public or community (use).
OFF-PREMISES TEMPORARY SIGN. A temporary sign located on property other than the premises for which the sign provides advertising.
PHILANTHROPIC ORGANIZATION. An organization that provides for the well-being of others by acts of charity and service to others in the community.
POLITICAL SIGN. A temporary sign that advocates for political action or a question to appear on the ballot of the next scheduled election.
SIGN. Please refer to definition of sign in Chapter A of the Unified Development Ordinances (UDO).
TEMPORARY SIGN. A sign used for a limited time and not otherwise regulated by the UDO.
TETHERED BALLOON OR OTHER LIGHTER-THAN-AIR DEVICES. A temporary sign consisting of a balloon or balloon-like device filled with lighter-than-air, non-flammable gas displaying messages or devices and anchored for the purposes of attracting attention to a location of an activity.
B. Purpose. To permit limited use of temporary signs for commercial and institutional uses, to ensure that temporary signage of the Town of Lewisville does not constitute a visual blight on the landscape and character of the town, and to preserve the health, safety, and welfare of the general public.
C. General prohibition. No person or organization shall develop, install, locate, or construct any temporary sign in any zoning district in the Town of Lewisville, except as expressly authorized by and in conformance with the regulations of this section.
D. On-premises temporary signs. Temporary, nonpermanent signs, including overhead banners, are permitted with a temporary sign permit from the town under the following conditions.
1. Applicability. On-premises temporary signs in compliance with the provisions of this section are allowed in all zoning districts.
2. Number. For uses permitted in the Residential Single-Family (RS), Residential Multi-Family (RM), and Institutional Public (IP) Zoning Districts, the temporary sign permit shall entitle the applicant to display 1 on-premises temporary sign per zoning lot at a time. For other uses, the temporary sign permit shall entitle the applicant to display 1 on-premises temporary sign per use at a time.
3. Duration. The applicant is entitled to display a sign for 1 or more events of his or her own choosing, however the maximum permitted amount of time which an on-premises temporary sign may be displayed is 30 days per calendar year. Each separate event or set of events specified requires a separate permit. The days must be specified in the permit for the temporary sign and run consistently with the days requested for off-premises signs in division E.2. below. The permitted days may not be transferred to other applicants or events not specified.
4. Standards. Unless otherwise specified in division F. below, the following standards for on-premises temporary signs apply.
a. Freestanding signs shall not exceed 8 square feet in area, measured by exterior placard dimensions; banners shall not exceed 32 square feet in area, measured by exterior fabric dimensions.
b. Freestanding signs shall not exceed a height of 4 feet above the ground directly below the sign.
c. There shall be no lighting of temporary signs for uses not permitted in residential (RS or RM) or institutional (IP) zoning districts.
d. No signs shall be placed in a public right-of-way or in a location or manner which would endanger public safety (e.g., safely anchored or installed using appropriate materials and not obstructing the safe operation of motor vehicles or endangering pedestrian traffic).
e. Temporary on-premises signs may be located no closer than 200 linear feet from any off-premises temporary sign or other on-premises temporary signs.
E. Off-premises temporary signs. Temporary off-premises signs, including overhead banners, are permitted with a temporary sign permit under the following conditions.
1. Applicability. Up to 2 off-premises temporary signs may be permitted per temporary sign permit authorized under division D. above, however off-premises temporary signs may only be issued for uses permitted in the RS, RM, or IP Zoning Districts, or for philanthropic or charitable organizations recognized under Chapter 501(C)(3) of the Internal Revenue Code.
2. Number. This chapter shall entitle the applicant to display up to 2 off-premises temporary signs per event.
3. Duration. The applicant is entitled to display sign(s) for 1 or more events of his or her own choosing, however, the maximum permitted amount of time which an off-premises temporary sign may be displayed is 30 days per calendar year. Each separate event requires a separate permit. The days must be specified in the permit for the temporary sign and run consistently with the days requested for on-premises signs in division D.2. above. The permitted days may not be transferred to other applicants or events not specified at the time of application.
4. Standards. Unless otherwise specified in division F. below, the following standards for off-premises temporary signs apply.
a. Freestanding signs shall not exceed 8 square feet in area, measured by exterior placard dimensions; banners shall not exceed 32 square feet in area, measured by exterior fabric dimensions.
b. Freestanding signs shall not exceed a height of 4 feet above the ground directly below the sign.
c. There shall be no lighting of off-premises temporary signs.
d. No freestanding ground signs shall be placed in a public right-of-way or in a location or manner which would endanger public safety (e.g., safely anchored or installed using appropriate materials and not obstructing the safe operation of motor vehicles or endangering pedestrian traffic).
e. Temporary off-premises signs may be located no closer than 200 linear feet from any on-premises temporary sign or other off-premises temporary signs.
f. Off-premises temporary signs shall not be placed within 100 linear feet, on the same side of the street, of an official town "Welcome" or identification sign. Off-premises signs in support of events carried out by organizations other than the Town of Lewisville shall not be placed on town property, including but not limited to Town Hall, Shallowford Square, and G. Galloway Reynolds Community Center, unless 1) sign(s) is expressly permitted by the Town Council or Town Manager, 2) or sign(s) is related to an event officially endorsed or sponsored by the town.
g. Persons placing off-premises temporary signs shall be responsible for obtaining signed permission from the property owner to post the signs. Property owners may remove any off-premises temporary sign permitted under the provisions of this section from their property at their discretion.
F. Special categories of temporary signs. The following types of signs are subject to the dimensional, locational, and other requirements of this section unless otherwise specified.
1. Real estate sales signs (including subdivision plat signs). In all RS and RM Districts, a real estate sign is limited to 6 square feet. In all other districts, real estate signs shall not exceed 8 square feet. Lead-in (directional) signs are allowed from Friday 12:00 p.m. noon to Monday 12:00 p.m. noon. Real estate sales signs are not subject to the other timing and spacing requirements of this section.
2. Residential construction and development signs.
a. Temporary signs that identify construction and marketing information for residential subdivisions and planned residential developments are permitted during construction as follows:
i. Maximum number - 1;
ii. Maximum copy area - 8 square feet;
iii. Maximum height - 8 feet; and
iv. Maximum duration - No sign shall exist beyond issuance of the development’s last certificate of occupancy or when construction ceases for 12 months, whichever occurs first.
b. Residential construction and development signs are not subject to the other timing and spacing requirements of this section.
3. Commercial construction and development signs. Temporary signs that identify construction and marketing information for commercial properties are permitted, provided they meet the following requirements.
a. Signs at construction sites for new development:
i. Maximum number - 1;
ii. Maximum copy area - 8 square feet;
iii. Removal - upon issuance of a certificate of occupancy; and
iv. Additional signage - Following receipt of a certificate of occupancy, 1 additional sign is permitted with a maximum sign size of 8 square feet for a period not to extend beyond 1 year.
b. Signs at construction sites for redevelopment of buildings with 1 to 3 tenants are permitted provided the developer displays leasing or construction information on the existing permitted ground, wall, or projecting sign.
c. Signs at construction sites for redevelopment of building(s) with 4 or more tenants shall be permitted a maximum sign size of 8 square feet to display only marketing and leasing information. Commercial construction and development signs are not subject to the other timing and spacing requirements of this section.
4. Job site signs. Signs placed in RS and RM Districts that help contractors identify job sites are permitted, provided they shall be removed when that trade is no longer active at the site.
5. Grand opening signs. In addition to the other temporary signs allowed under this section, business locations in nonresidential zoning districts are permitted on-premises temporary sign(s) for grand opening events recognized under this section once per year for a period of 14 days maximum.
6. Political signs (town maintained roads).
A. Political signs may be placed under the following conditions:
i. Size as measured by exterior dimensions (area) not exceeding 308 square inches.
B. Removing or defacing political signs or poster; removal by candidate after election.
i. During any political campaign, it shall be unlawful for any person to tear up, remove or deface any poster, placard or sign of a candidate for public office, provided however that this section shall not apply to an owner of the premises where the poster, placard or sign is located, or to the agents or representatives of such person, or to the removal of any poster, placard or sign placed or erected contrary to law.
ii. All political signs shall be removed no later than the 10th day following the primary or general election.
(a) Signs not removed by the candidate or someone on their behalf may be removed by the town.
iii. In compliance with Session Law 2011-408 Senate Bill, no political signs shall be installed sooner than 30 days prior to “one-stop” early voting under G.S. 163-227.2.
iv. No permit is required.
v. No fee shall be charged for the placement of political signs.
7. Political signs erected on Department of Transportation maintained roads follow Session Law 2011-408 Senate Bill.
8. Missing-pet signs. “Lost or Missing Pet” signs may be placed under the following conditions:
a. Signs may remain until message is no longer needed;
b. Size as measured by exterior dimensions (area) of sign shall not exceed 2 square feet; and
c. The signs are exempt from fees.
9. Signs for Town of Lewisville activities. Temporary signs used to advertise civic activities initiated or sponsored by the Town of Lewisville are exempt from the provisions of this section.
10. Temporary signs for non-town sponsored events on town property.
a. Event organizers of non-town sponsored events are permitted to display 1 32 square feet freestanding sign per road frontage. Freestanding signs shall not exceed a height of 5 feet above the ground directly below the sign. No freestanding signs shall be placed in a public right-of-way and may not obstruct the sight visibility and safe operation of motor vehicles or endanger pedestrian traffic. Freestanding event signs shall not be displayed before 48 hours prior to the event and must be removed immediately following the conclusion of the event.
b. Event organizers are permitted to display one 32 square feet freestanding sign or banner bearing the name of the event, event organizer and/or other sponsor information on town property for promotional purposes. Individual vendors are permitted to display 1 sign per tent, stand, kiosk, other vending location on town property. Said signs shall not exceed 16 square feet and must be removed immediately following the conclusion of the event.
c. Event organizers of a non-Town-sponsored event that is to be conducted at a venue outside of the Town Limits are permitted to display 1 32 square feet freestanding sign at Shallowford Square for the purpose of advertising the event. The event must be charitable or civic in nature and sponsored by a recognized philanthropic, institutional or charitable organization organized in the Town. The maximum period of time which this sign may be displayed is 14 days prior to the event. The sign must be taken down not more than 3 days after the event has taken place.
G. Other requirements.
1. Prohibited temporary signs.
a. Mobile, flashing, inflatable or tethered, and roof signs; and
b. Placards or other structures attached to or placed an a motor vehicle the effect of which is to construct an on-premises or off-premises sign.
2. Attachment to public facilities. Temporary signs shall not be attached to any utility pole or facility, street sign, or traffic-control device (e.g., sign, signal).
3. Temporary wall signs. Temporary signs attached to walls or structures may not extend beyond any outside edge of the wall where mounted.
4. Banners. Banners may be placed on all sides of buildings, and must be constructed of a material which does not constitute a fire hazard.
5. Motor vehicles. Identification signs for businesses or other organizations may be placed on motor vehicles that are self-propelled and not self-propelled, if the vehicles are owned by and customarily used in the course of the business or organization. Any sign either incorporated into the design of or placed on either self-propelled vehicles or vehicles not self-propelled with the primary purpose of advertising may not be located within 200 feet of a public right-of-way without an intervening building.
6. Business relocation, disruption, or rehabilitation. If a business is relocated or disrupted by an act of government or other occurrence not under its control, the duration of the temporary sign permit may be considered for extension by the Town Manager upon petition of the applicant or property owner.
7. Exemption from fees/permits. Land uses permitted in the RS, RM, and IP Zoning Districts, or philanthropic or charitable organizations recognized under § 501(c)(3) of the Internal Revenue Code are exempt from any fees and permit processes otherwise required under this section.
H. Administration.
1. Application. Application for a temporary sign permit shall be made to the Town Manager or Town Planner and shall include information determined necessary by the Town Manager or Town Planner, including a site plan showing the location of the sign on the property, an illustration of the sign and its dimensions, the method of attachment, and the dates on which the sign is to be posted.
2. Fee. A fee established by the Town Council shall be payable at the time of submittal.
3. Penalty. A fine for violation of provisions above related to timely removal of temporary signs may be established by the Town Council.
4. Removal of temporary signs.
a. Removal of temporary signs shall first be the responsibility of the applicant for the temporary sign permit, and secondarily the responsibility of the property owner on whose property the temporary sign is placed.
b. Temporary signs in violation of this section may be ordered to be removed or removed by the Town Manager or designee, but nothing in this section shall create a legal obligation on the part of the town to remove any temporary signs.
c. Temporary signs not removed within 24 hours of notice of violation may be removed by the Town Manager or designee, and the cost of removal shall be billed to the applicant, payable within 30 days.
d. Applicants in violation of this section or who have outstanding fees or fines are not eligible for subsequent temporary sign permit(s) until the violations have been remedied and the fees or fines have been paid.
(Am. Ord. 2004020, passed 10-14-2004; Am. Ord. 2006029, passed 07-13-2006; Am. Ord. 2007012, passed 05-10-2007; Am. Ord. 2010019, passed 09-09-2010; Am. Ord. 2010049, passed 12-09-2010; Am. Ord. 2012030, passed 10-11-2012) Penalty, see § 1-8