(A) Purpose, intent, and scope. The requirement of this section is to provide the minimum requirements to promote the public health, safety, aesthetics, and welfare of the town, and to maintain, enhance, improve, and protect the appearance and character of residential, commercial, and industrial areas of the town. This section seeks to balance the individual rights of property owners to communicate their message with the public’s right to be free of unreasonable distractions and aesthetic intrusions. Additionally, this section will improve traffic safety and control the number, location, size, and type of signs while still permitting reasonable identification and advertising.
(B) Rules of interpretation; compliance.
(1) If not otherwise specified, the owner of the property upon which a sign is located will be held responsible for compliance with this subchapter.
(2) For political signs, the violation will be construed to have been made by the individual affixing the sign, the candidate whose name or picture appears on the sign, or the campaign organization of the candidate.
(3) If a conflict occurs between the contents of this section with those of any other town ordinance as pertains to signs, this section will prevail.
(4) Any dispute or ambiguity concerning the interpretation of this section shall be resolved by the Building Commissioner, subject to appeal of this decision to the Town Council.
(C) Administration, inspection and enforcement. The Building Commissioner shall have the power to administer and enforce the provisions of this section. The Building Commissioner may, in his, her, or their discretion and with his, her, or their consent, delegate and assign such administrative, enforcement, and inspection duties hereunder, to the town’s Police Department, Fire Department, or other appropriate person or agency.
(D) Permit requirements; exceptions. Signs will be permitted in all zoning districts subject to the requirements of this section. All new signs shall be required to have a permit. Application for a sign permit shall be accompanied by a fee pursuant to a fee schedule established by motion or resolution of the Town Council, and such application shall be on file in the Clerk-Treasurer’s office. No sign shall be constructed, structurally altered, extended or relocated until such a permit has been issued. No permit shall be issued until the Building Commissioner determines that the sign is in compliance with this section.
(1) Sign requirements, Residential Districts.
(a) No sign shall exceed five square feet in total area; nor be closer than eight feet to any side and rear lot line, and ten feet from the front lot line, or one-half the depth of the front yard, whichever is greater; nor project higher than one story, or ten feet above curb level, whichever is lower. All temporary signs shall be removed within seven days after the event advertised has taken place.
(b) Illuminated nameplates are permitted subject to the following regulations.
1. In any Residential District and residential portion of a PUD, a nameplate shall not exceed two square feet in total area, and shall indicate only the name, or name and address, of the occupant, and the home occupation as defined herein, if authorized as a special use and a permit is obtained. There shall be not more than one such nameplate for each dwelling.
2. In. MF districts, a nameplate may be not more than three square feet in total area, provided it indicates only the name or name and address of the dwelling; such a nameplate may be located in a front yard not less than four feet from the front lot line, or one-half the depth of the front yard, whichever is greater, nor be higher than one story, or ten feet above curb level, whichever is lower.
(c) Illuminated, nonflashing, and nonblinking (defined as intermittent illumination) church bulletin signs are permitted subject to the following regulations: there shall be not more than one sign per lot, except that on a corner lot two signs, one facing each street, shall be permitted; no sign shall exceed 16 square feet in area, nor be closer than eight feet to any side and rear lot line, and four feet to the front lot line, or one-half the depth of the front yard, whichever is greater; nor project higher than one story, or ten feet above curb level, whichever is lower.
(2) Sign Requirements, Business industrial districts. In addition to a sign mounted to the building or painted onto a window, one elevated or ground nonflashing and non blinking (defined as intermittent illumination) but illuminated business sign with no moving parts, awnings, and/or marquees is permitted subject to regulations set forth elsewhere in the ordinances of the town and the following.
(a) Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam onto any adjoining property or onto any street. A sign in any direct line of vision of any traffic signal shall not have red, green, or amber illumination.
(b) The gross surface area in square feet of all signs on a lot shall not exceed one times
the linear feet of frontage of the lot, and for lots fronting on more than one street, only the established front lot line shall be considered as frontage of the lot.
(c) Any sign affixed to a building shall not project therefrom nearer than two feet from the abutting curb.
(d) Any elevated sign shall be not nearer than two feet from the nearest street right-of-way line and not nearer than five feet from a side or rear lot line. The leading edge of the sign shall be the point of measurement for determination of the setback.
(e) A sign affixed to a building shall not project higher than four feet above the building height, and a sign projecting more than 15 inches from a building wall shall have its lowest level not less than 12 feet above the grade below it.
(f) Any elevated sign shall not project higher than 24 feet above the grade below it, and shall have its lowest levels not less than 12 feet from the natural grade below. Such signs may be constructed with or supported by not more than two columns, each having a width not greater than eight inches in width. Nothing shall be added to the columns which exceeds the width dimension.
(g) Any ground-mounted sign shall not exceed six feet in height measured from the surrounding natural grade and shall not be located closer than ten feet to the right-of-way line of a front yard or side yard abutting a street, measured perpendicular to the street. On a corner lot a ground-mounted sign near the intersection of two streets shall not be located within a triangle formed by measuring 30 feet from each street along the right-of-way lines and connecting the points. A ground sign may not be located closer than ten feet from the edge of the usable surface of any driveway, alley, or other “curb cut” which provides vehicular access to the lot. The leading edge of the sign shall be the point of measurement for determination of the setback.
(h) In a unified shopping center, in single ownership or control, one additional sign may be erected for it; the sign shall not exceed 150 square feet in area nor display more than the name and location of the shopping center; such sign shall be setback at least half the required yard depth distance from each abutting street and its bottom edge shall be at least 12 feet above the level of the ground, and its overall height shall not exceed 24 feet above the curb level.
(i) No additions, modifications, or attachments shall be permitted inconsistent with an approved sign permit without amendment of the sign permit using the same procedures as provided by the issuance of the original sign permit.
(j) The Board of Zoning Appeals is hereby granted the authority to grant a variance up to 25% of the setback and sign size dimensions, set forth in this section, based on the finding that such a variance will not adversely affect adjacent property owners or inhibit visual sight lines required along streets and road rights-of-way.
(k) An inflatable balloon used for the purpose of product advertising shall be permitted as a temporary sign in the GB Zoning District for a period not to exceed seven days. A sign permit is required from the Building Commissioner who shall determine that the usage and placement of the balloon will meet safety standards.
(3) Exceptions to sign requirements. The following temporary signs shall be exempt from this permit requirement, provided that: such signs have no electrical parts or usage; any such sign is only erected by or with the express consent of the occupant of the premises or the owner of the property; such signs do not exceed five square feet in total area; and the sign setback requirements for the appropriate zoning district are met:
(a) Political campaign signs and signs promoting community or not-for-profit events;
(b) Real estate signs;
(c) Construction signs in connection with a specific construction project taking place on the property where the sign is located;
(d) Garage and yard sale signs. A permit, however, is required for the sale; and
(e) Warning and/or nonadvertising signs or symbols (e.g., no trespassing or no dumping signs) located on and pertaining to the parcel of property on which the sign is located.)
(E) Prohibited signs. The following types of signs are prohibited in all districts, unless authorized by the Town Council:
(1) Any sign which is in need of maintenance, or which is no longer functional or is abandoned;
(a) Signs shall be considered no longer functional and abandoned when such sign is materially obstructed from view, when its essential elements are no longer readable, when a sign has been left by a business or other use which has ceased to operate, or when a condition of deterioration or dilapidation of the sign face or structure is in evidence;
(b) All signs shall be repaired, removed, or relocated in compliance with the regulations of this subchapter within 30 days after official notification by the Building Commissioner;
(2) Any sign which is constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, noise, or hazard to traffic or to other properties. No sign may be illuminated after 11:00 p.m, if it is located within or adjacent to any residential district, except those businesses remaining open beyond that time, in which case illumination shall cease upon closing;
(3) No sign which has a rotating beam, beacon, flashing, or alternating illumination shall be permitted for advertising or identification purposes where no hazard or need for caution exists. This section shall not be construed as prohibiting time or temperature devices customarily identified with banks or lending institutions or barber poles, provided such devices meet all other applicable provisions of the chapter. Scrolling message signs are permitted;
(4) Any sign that is attached to a tree or other living vegetation, utility pole, rock, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker, or other sign, except for public informational signs;
(5) Any sign displayed on a stationary vehicle or trailer when said vehicle or trailer is used primarily for the purpose of serving the functions of a sign;
(6) Any sign so placed that it obstructs any window, door, fire escape, stairway, ladder, opening, or access intended for light, air, ingress to, or egress from any building;
(7) Signs advertising activities which are illegal under federal, state, or county laws or regulations or city ordinances;
(8) Any sign which makes use of a word such as “stop,” “look,” “danger,” or similar words, phrases, symbols, or characters in such manner as to imply the need or requirement of stopping or the existence of danger; and
(9) Any sign on public property, including a right-of-way, or in any location obstructing the view of motorists.
(Prior Code, § 70-362) (Ord. 98.1, passed 7-20-1998) Penalty, see § 154.999