(A) Purpose and intent. The provisions of this section are made to establish reasonable and impartial regulations for all exterior signs and protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public traffic signs and signals; to protect the public investment in streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to protect property values; and to further economic development.
(B) Permit procedures and administration. The Land Use Administrator shall have the responsibility and full authority to administer and enforce all provisions of this section and shall issue permits for signs requiring a permit.
(1) Permit required. No sign or sign structure, except for exempt and existing nonconforming signs, shall be erected, displayed, altered, relocated, or replaced until a sign permit has been issued. For the purposes of this chapter, all signs are considered accessory uses of real property and shall be located on the premises of the principal use to which they pertain.
(2) Permit application. Applications for sign permits shall be submitted on a form provided by the Land Use Administrator and shall contain or have attached at a minimum the following information in either written or graphic form:
(a) Application date;
(b) Name, address, and telephone number of the sign owner and if different, the owner of the land on which the sign will be erected;
(c) Location of the sign on the property in relation to lot lines, buildings, sidewalks, streets, public rights-of-way, and intersections;
(d) Drawing(s) of the proposed sign which shall contain specifications indicating height, perimeter, and area dimensions, means of support, method of illumination if any, and any other significant aspect of the proposed sign; and
(e) Any other information requested by the Land Use Administrator in order to carry out the purpose and intent of these regulations.
(3) Permit review and issuance. The Land Use Administrator shall examine all sign permit applications. Permit applicants shall be issued a copy of the original permit application, with approval and approval date noted, for all signs which conform to the requirements of this section. Such applications shall serve as sign permits.
(4) Inspections. A final inspection by the Land Use Administrator or his or her designee shall be completed after installation of all approved signs. Any discrepancies between the approved sign and a sign as constructed shall be identified in writing and may result in the halt of construction or sign removal.
(5) Complaints and revocation. The Land Use Administrator shall investigate any complaints of violations of this section and may revoke a permit if there is any violation of the provisions of this section or there was misrepresentation of any material facts in either the application or plans.
(C) Expiration of sign permits. If an approved sign is not erected within a period of 365 days from the date the permit was originally issued, the permit shall expire and become null and void.
(D) Removal.
(1) Illegal signs. The Land Use Administrator may remove or order the removal of any sign not in conformance with the provisions of this section, at the expense of the sign owner or lessor.
(2) Immediate peril. If the Land Use Administrator shall find any sign which is immediate peril to persons or property, the sign shall be removed. If the Land Use Administrator cannot locate the sign owner or lessor for immediate removal of the sign, he or she shall remove or order the removal of the sign at the expense of the sign owner or lessor.
(E) Variances.
(1) Generally. The Board of Zoning Appeals may grant variances for the following reasons:
(a) To allow a setback for a sign that is less than the required setback;
(b) To allow spacing between freestanding signs that is less than the required spacing; and
(c) To allow the area or height of a sign to be increased by up to 25% of the maximum height or area permitted.
(2) Standard of review. The Board of Zoning Appeals shall consider applications for variances in situations where the applicant has been denied a sign permit by the Land Use Administrator. The Board of Zoning Appeals may grant a variance authorized by this section if it finds that the following special physical conditions exist:
(a) The zoning lot on which an activity is located is unusually shaped or exhibits unusual topography; and
(b) Such physical characteristics prevent legal signage from identifying the activity as compared to legal signage identifying other activities in the immediate area.
(3) Procedures. All requests for variances must be filed with the Board of Zoning Appeals within 30 days of the decision by the Land Use Administrator.
(F) Exempt signs.
(1) Address and/or name of residents/dwelling. On-premises signs indicating the address and/or name of a single-family or two-family dwelling or the residential occupants of the premises, limited to one per lot, not exceeding four square feet in area or located closer than five feet to any property line or public right-of-way, and not including any commercial advertising or identification.
(2) Artwork. Works of art that do not include any commercial messages or references.
(3) Construction signs. Temporary on-premises signs announcing new buildings or projects, erected after all permits have been issued for building construction and/or site development. Each construction site shall be limited to one construction sign not exceeding 32 square feet in area and eight feet in height and located at least ten feet from any property line or public right-of-way and outside all sight triangles, which shall be removed by the time a permanent sign is erected or a certificate of occupancy for the building is issued, whichever occurs first.
(4) Decals. Decals affixed to windows or door glass panes, such as those indicating membership in a business group or credit cards accepted at the establishment.
(5) Flags, emblems, and insignia. Flags, emblems, or insignia of any governmental agency or religious, charitable, public, or nonprofit organization, subject to the following: no single flag that is flown shall exceed 40 square feet in area and no single zoning lot shall fly more than three such flags. Flagpoles shall not exceed 40 feet in height. Wall-mounted flags, emblems, or insignia shall be limited to one per zoning lot and shall not exceed 40 square feet in area.
(6) Handicapped parking space sign. Signs reserving parking spaces for handicapped motorists that comply with current standards and guidelines for such parking areas.
(7) Home occupation/home professional office signs. On-premises identification signs for home occupations or home professional offices, limited to one per lot, not exceeding four square feet in area or located closer than five feet to any property line or public right-of-way.
(8) On-site directional assistance signs. On-premises signs giving on-site directional assistance for the convenience of the public, not exceeding four square feet in area or located closer than five feet to any property line or public right-of-way.
(9) Political campaign signs. Temporary signs associated with political campaigns and/or elections, placed with the permission of the landowner(s) on whose property they are to be located. Such signs shall be located outside all sight triangles and shall be removed within seven days of the election to which they pertain.
(10) Private drive signs. On-premises private drive signs limited to one per drive entrance, not exceeding four square feet in area.
(11) Public signs. Signs erected by government agencies or utilities including traffic, utility, safety, identification signs for public facilities and any signs erected or sanctioned by the Board of Supervisors.
(12) Security and warning signs. On-premises signs regulating the use of the premises, such as “No Hunting”, “No Trespassing”, and “No Soliciting”. Sign size is limited to two square feet.
(13) Special event signs. Temporary on-premises signs announcing special events including, but not limited to, auctions, grand openings, new management, going out of business, and events sponsored by religious, charitable, or public service groups. Any business, individual, or organization may display a maximum of two special event signs for up to 30 days prior to an event, which shall not exceed 32 square feet in area each and eight feet in height, shall be located at least ten feet from any property line or public right-of-way and outside all sight triangles, and shall be removed immediately following the event.
(14) Temporary farm products signs. Temporary on-premises signs announcing the availability of seasonal farm products. The number of signs shall be limited to three and the total area of all signs shall not exceed 20 square feet, nor shall any sign exceed six feet in height.
(15) Temporary off-premises real estate signs. Temporary off-premises signs indicating the availability of real property for lease or sale, placed with the permission of the landowner(s) on whose property they are to be located. Such signs shall not exceed four square feet in area and three feet in height and shall be removed within seven days of the settlement or lease of the property to which they pertain.
(16) Temporary on-premises real estate signs. Temporary signs indicating the availability of real property for lease or sale, located on the premises being leased or sold. Such signs shall be limited to one per lot, shall not exceed 32 square feet in area and eight feet in height, and shall be removed within seven days of the settlement or lease of the property on which they are located.
(G) Standards.
(1) Generally. The regulations in this section specify the number, types, sizes, heights, and locations of signs which are allowed within the county and which require a permit. Any sign regulations incorporated into a general plan of development approved by the Board of Supervisors may supersede all or part of this section.
(2) Determination of sign area. The area of a sign shall be determined by calculating the area of the smallest rectangle that will encompass the extreme limits of the sign copy (including any areas of changeable copy, such as areas for changeable fuel prices at gas stations or changeable motion picture/production information at theaters) together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the structure being used to support it or the backdrop against which it is placed. The structure used to support it or the backdrop against which it is placed. The structure used to support a sign is placed shall not be included in the calculation of the sign area when it is clearly incidental to the sign itself.
(3) Determination of sign height. The height of a sign shall be calculated by measuring the distance from the grade level where the sign is erected to the top of the sign or sign structure, whichever is greater.
(4) Installation of wall signs. All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
(5) Spacing of freestanding signs. No freestanding sign shall be erected within 100 feet of another freestanding sign.
(6) Installation of wall signs. Only one freestanding sign shall be permitted on lots with less than 200 feet of street frontage.
(7) Minimum setbacks. All signs and sign structures shall be located at least ten feet from any property line or public right-of-way and outside all sight triangles.
(H) Criteria.
(1) Residential subdivision/complex. Signs that identify a residential subdivision/complex, located at any street entrance to the subdivision/complex, may be erected as follows:
(a) Maximum number: one per street entrance, not to exceed two per subdivision/complex;
(b) Types: monument or pole; and
(c) Maximum size and heights:
1. Monument: 32 square feet in area and eight feet in height; and
2. Pole: maximum of 20 feet in height:
a. Eight feet or less in height: 32 square feet in area; or
b. Greater than eight feet in height: 24 square feet in area.
(2) Cemetery. Signs that identify a cemetery may be erected as follows:
(a) Maximum number: one;
(b) Types: monument or pole; and
(c) Maximum sizes and heights:
1. Monument: 32 square feet in area and eight feet in height; and
2. Pole: maximum of 20 feet in height;
a. Eight feet or less in height: 32 square feet in area; and
b. Greater than eight feet in height: 24 square feet in area.
(3) Religious, charitable, and/or public service group meeting place. Any religious, charitable, and/or public service group may erect meeting place signs as follows:
(a) Maximum number: two;
(b) Types: monument, pole, wall, marquee, projecting, awning, or canopy; and
(c) Maximum sizes and heights:
1. Monument: 32 square feet in area and eight feet in height;
2. Pole: maximum of 20 feet in height:
a. Eight feet or less in height: 32 square feet in area; and
b. Greater than eight feet in height: 24 square feet in area.
3. Wall or marquee: one square foot of sign area per two linear feet of building frontage on which the sign is to be attached, up to a maximum of 100 square feet in area. The top of a wall or marquee sign shall be below the roofline and at a height no greater than 20 feet;
4. Projecting: one square foot of sign area per two linear feet of building frontage, up to a maximum of 12 square feet in area. The top of a projecting sign shall be located below the roofline and at a height no greater than 20 feet, the base of the sign shall be at a height no less than eight feet, and the sign shall be at a height no less than eight feet, and the sign shall project from the exterior of the building to which it is attached no more than four feet; and
5. Awning or canopy: one square foot of sign area per two linear feet of awning or canopy, up to a maximum of 16 square feet in area.
(4) Individual commercial or industrial establishment singularly located on a lot. Any commercial or industrial establishment singularly located on a lot may erect signs as follows:
(a) Maximum number: two;
(b) Types: monument, pole, wall, marquee, projecting, awning, or canopy; and
(c) Maximum sizes and heights:
1. Monument: 32 square feet in area and eight feet in height;
2. Pole: maximum of 20 feet in height:
a. Eight feet or less in height: 32 square feet in area; and
b. Greater than eight feet in height: 24 square feet in area.
3. Wall or marquee sign: one square foot of sign area per two linear feet of building frontage on which the sign or signs are to be attached, up to a maximum of 100 square feet in area. The top of all wall and marquee signs shall be below the roofline and at a height no greater than 20 feet above the ground;
4. Projecting sign: one square foot of sign area per two linear feet of building frontage, up to a maximum of 12 square feet in area. The top of a projecting sign shall be located below the roofline and at a height not greater than 20 feet, the base of the sign shall be at a height not less than eight feet, and the signs shall project from the exterior of the building to which it is attached no more than four feet; and
5. Awning or canopy sign: one square foot of sign area per two linear feet of awning or canopy, up to a maximum of 16 square feet in area.
(5) Multiple commercial and/or industrial establishments located on a single lot.
(a) Freestanding sign. Where multiple commercial and/or industrial establishments are located on a single lot, one freestanding sign may be erected on the lot as follows:
1. Types: monument or pole; and
2. Maximum sizes and heights:
a. Monument: 32 square feet in area and eight feet in height; and
b. Pole: maximum of 20 feet in height:
i. Eight feet or less in height: 32 square feet in area; or
ii. Greater than eight feet in height: 24 square feet in area.
(b) Individual establishment signs. In addition to the permitted freestanding sign, each establishment located on the lot may erect one sign as follows:
1. Types: wall, marquee, projecting, awning, or canopy; and
2. Maximum sizes and heights as follows.
a. Wall or marquee sign. One square foot of sign area per two linear feet of building frontage on which the sign is to be attached, up to a maximum of 100 square feet in area. The top of a wall or marquee signs shall be below the roofline and at a height no greater than 20 feet.
b. Projecting sign. One square foot of sign area per two linear feet of building frontage, up to a maximum of 12 square feet area. The top of a projecting sign shall be located below the roofline and at a height no greater than 20 feet, the base of the sign shall be at a height no less than eight feet, and the sign shall project from the exterior of the building to which it is attached no more than four feet.
c. Awning or canopy sign. One square foot of sign area per two linear feet of awning or canopy, up to a maximum of 16 square feet in area.
(6) Shopping centers. Shopping centers with five or more commercial establishments planned as an integrated development may erect signs as follows.
(a) Center identification sign. One freestanding sign per public street fronting the shopping center, not to exceed two identification signs per center, identifying the name of the center as well as any individual establishments located within the center.
1. Types: monument or pole;
2. Sizes and heights:
a. Monument: maximum height of ten feet, minimum permitted area of 32 square feet, and maximum of one square foot of sign area per 1,000 square feet of building floor area, not to exceed a sign area of 96 square feet; and
b. Pole: maximum of 20 feet in height:
i. Ten feet of less in height: minimum permitted area of 32 square feet and maximum of one square foot of sign area per 1,000 square feet of building floor area, not to exceed a sign area of 96 square feet; or
ii. Greater than ten feet in height: minimum permitted area of 24 square feet and maximum of one square foot of sign area per 1,000 square feet of building floor area, not to exceed a sign area of 72 square feet.
(b) Individual establishment signs. In addition to the center identification sign(s), each establishment within a shopping center may erect one sign as follows:
1. Types: wall, marquee, projecting, awning, or canopy; and
2. Maximum sizes and heights:
a. Wall or marquee sign: one square foot of sign area per two linear feet of building frontage on which the sign is to be attached, up to a maximum of 100 square feet in area. The top of a wall or marquee signs shall be below the roofline and at a height no greater than 20 feet;
b. Projecting sign: one square foot of sign area per two linear feet of building frontage, up to a maximum of 12 square feet in area. The top of a projecting sign shall be located below the roofline and at a height no greater than 20 feet, the base of the sign shall be at a height no less than eight feet, and the sign shall project from the exterior of the building to which it is attached no more than four feet; and
c. Awning or canopy sign: one square foot of sign area per two linear feet of awning or canopy, up to a maximum of 16 square feet in area.
(7) Office and/or industrial centers. Office and/or industrial centers at least two acres in size and planned as an integrated development may erect signs as follows.
(a) Center identification signs. One freestanding sign per public street fronting the center, identifying the name of the center and not exceeding 40 square feet in area and eight feet in height.
(b) Individual building signs. Where an office and/or industrial center is comprised of two or more buildings, each individual building may erect one freestanding sign, not to exceed 20 square feet in area and four feet in height, identifying the principal establishment(s) within the building.
(c) Individual establishment signs. Each individual establishment within an office and/or industrial building may erect one wall sign not exceeding one square foot of sign area per two linear feet of building frontage on which the sign is to be attached, up to a maximum of 32 square feet in area. The top of the wall sign shall be located below the roofline and at a height no greater than 15 feet.
(8) Off-premises directional signs. Off-premises directional signs, indicating the direction and distances to a site, may be erected with the written permission of the landowner(s) on whose property they are to be located. Such signs shall not exceed four square feet in area and six feet in height and shall not include any commercial advertising, other than listing the name of the site to which attention is called.
(9) Other uses. In cases where the regulations within this section do not specifically address a sign requested in conjunction with a permitted use, the Land Use Administrator shall make a written interpretation of the ordinance, which shall be kept in the permanent record for that application.
(I) Construction and maintenance.
(1) Building code compliance. All signs shall be constructed in compliance with the current State Uniform Statewide Building Code.
(2) General restrictions. Signs shall not be erected in or over a public right-of-way, or on public land except as may be provided for.
(3) Condition of signs. All signs and components shall be maintained in good repair and in a safe, clean, and attractive condition.
(J) Prohibited signs. The following are expressly prohibited unless specifically stated otherwise in this chapter.
(1) Animated and moving signs. Including, but not limited to, pennants, flags with commercial messages, banners, streamers, propellers, discs, and searchlights.
(2) Flashing signs. Any signs that include lights which flash, blink, or turn on and off intermittently. This shall not apply to time and/or temperature signs.
(3) Glaring signs. Any signs with light sources or reflectivity of such brightness that constitute a hazard or nuisance as determined by the Land Use Administrator.
(4) Inflatable signs or objects. Including, but not limited to, balloons.
(5) Portable signs. Any sign that is not permanently affixed to a building, structure, or the ground. This shall not apply to authorized temporary signs.
(6) Posters and handbills. Any signs affixed to trees or other natural vegetation, rocks, or utility poles and accessories.
(7) Roof signs. Any signs which are erected on a roof or which extend in height above the roofline of the building on which the sign is erected.
(8) Simulated traffic signs and obstructions. Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct a sight triangle at any street intersection, or extend into the public right-of-way.
(9) Strings of lights. Including, but not limited to, lights that outline property lines, sales areas, or any portion of a structure, and are intended to advertise or draw attention to a business or commercial activity.
(10) Vehicular signs. Any sign displayed on a parked vehicle, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity. This shall not apply to business logos, identification, or advertising on vehicles primarily used for other business purposes.
(K) Nonconforming signs. Generally, any sign which does not conform to the provisions herein on the date of enactment of this chapter or any date on which the chapter is amended, shall be considered a nonconforming sign. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner, except that a sign face may be changed so long as the new face is equal to or reduced in height, sign area, and/or projection and a sign permit is issued for the sign face change.
(L) Protection of First Amendment rights. Any sign, display, or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this chapter.
(Ord. passed 11-9-1995; Ord. passed 6-14-2007) Penalty, see § 157.999