For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign, including sign face and supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of 6 months.
AREA IDENTIFICATION SIGN. A sign to identify a common area containing a group of structures, such as a residential subdivision, apartment complex, industrial park, or shopping center which is located at the entrance or entrances of the area.
AWNING, ELECTRIC (ALSO BACK LIT AWNING). An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
AWNING SIGN. See CANOPY SIGN.
BANNER. Any sign of lightweight fabric or similar material that is attached to a structure or building with cables, ropes, tie downs or other fasteners. National flags, state or municipal flags, or the official flags of any educational institution shall not be considered banners.
BANNER, POLE. Any sign of lightweight fabric or similar material that is mounted to a pole at 1 or more edges that advertise a product or brand. National flags, state or municipal flags, official flags of any educational institution, or the official flags of any sports team shall not be considered banners.
BEACON. A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention. However, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.
BILLBOARD. A sign located on a parcel containing no buildings or commercial activity.
BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. An historic or commemorative plaque, or a building name or cornerstone carved into a masonry surface.
BUILDING SIGN. Any sign attached to any part of a building.
BULLETIN BOARD. Any sign erected by a charitable, educational, civic, or religious institution or a public body, which is erected upon the same property as the institution, for purposes of announcing events which are held on the premises, and contains no commercial message.
CANOPY/AWNING SIGN. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a CANOPY.
CHANGEABLE COPY SIGN/READER BOARD. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message changes more than 8 times per day shall be considered an electronic message display sign and not a CHANGEABLE COPY SIGN for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a CHANGEABLE COPY SIGN for purposes of this chapter.
CLEARANCE (OF A SIGN). The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
COMMERCIAL MESSAGE. Any sign, permitted by the code, located in a district zoned for commercial or industrial uses.
CONSTRUCTION SIGN. A temporary sign identifying a building or construction site, contractors, architects, engineers or suppliers.
DISPLAY SURFACE AREA. The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations. However, DISPLAY SURFACE AREA shall not include the structural supports for freestanding signs.
ELECTRONIC MESSAGE DISPLAY. A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Characteristics are defined as follows:
(1) Dissolve. A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
(2) Fade. A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually reduces in intensity to the point of not being legible and the subsequent message gradually increases in intensity to the point of legibility.
(3) Frame. A complete, static display screen on an electronic message display.
(4) Frame effect. A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.
(5) Scroll. A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.
(6) Transition. A visual effect used on an electronic message display to change from 1 message to another.
(7) Travel. A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.
ERECT. To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs.
FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLASHING SIGN. An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
FREESTANDING SIGN. A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
GARAGE/YARD SALE SIGN. A temporary sign indicating a private sale of personal household possessions and which is not for the use of any continuing commercial business.
GROUND SIGN. A sign anchored to the ground similar to a freestanding sign but which has no free air space between grade and the top of the frame or sign facing.
HOME OCCUPATION. Any sign located in a district zoned for residential uses that advertises for services legally offered on the premises where the sign is located. The sign shall not be illuminated or more than 1 square foot in area.
IDENTIFICATION SIGN. A sign containing only the address and name of the occupant of the building.
ILLUMINATED SIGN. Any sign which has characters, letters, figures, symbols, signs or its outline illuminated by electric light, luminous tubes, or other artificial sources.
(1) INTERNAL LIGHTED SIGN. A sign with luminous tubes, electric lights or other devices located within the interior of the sign.
(2) EXTERNAL LIGHTED SIGN. A sign which is illuminated by spotlights, floodlights, lamps, lenses or other devices designed to focus or concentrate light rays on the sign display area.
(3) SURFACE LIGHTED SIGN. Any sign which is illuminated by electric bulbs or other similar devices which are attached to the exterior of the sign and are an integral part of the sign.
INCIDENTAL SIGN. A sign which is generally informational, and which has a purpose secondary to the principal use of the lot on which it is located such as “no parking”, “entrance”, “exit”, “loading only” or other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
INFLATABLE SIGN. A sign capable of expanding due to the injection of air or gas.
INTERSECTION SAFETY ZONE. A triangle measured from the point of intersection of the curb lines or edge of pavement of the street or alley to a point 40 feet in each direction from the intersection along curb lines.
JOINT JURISDICTIONAL ZONING AREA. The area outside of the corporate boundaries of the City of Vermillion, known as the Joint Jurisdictional Area of Clay County and the City of Vermillion, as referenced in Chapter 2.03 (A) of Appendix A of the Revised Ordinances of the City of Vermillion.
LOT. A tract of land or group of abutting and contiguous tracts of land under common ownership and principal use that are of sufficient size to meet the minimum zoning requirements as required by the zoning regulations.
MANSARD ROOF. Any roof that has an angle greater than 45 degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or 3/4 of the length of a side building wall. For purposes of this chapter, a low slope roof shall mean any roof with a pitch less than 3 inches rise per 12 inches horizontal.
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.
NONCONFORMING SIGN. Any sign that does not conform to the requirements of this chapter.
NONILLUMINATED SIGN. A sign other than an illuminated sign or reflective sign which is visible primarily from a natural light source.
NONPERMANENT SIGN. A surface-mounted sign or a sign with a support member extending below grade which is usually established for a specific period of time.
OUTDOOR MENU BOARD. An outdoor sign, associated with restaurants with drive-through windows, which gives a detailed list of foods served that are available at a restaurant.
PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERMANENT SIGN. A sign which is permanently attached to a framing or a sign with a support member at or below the frost line or attached to a building or another structure by direct attachment to a rigid wall, frame or structure.
PERSON. Any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to “A-frames” or “T-frames”; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
PRINCIPAL BUILDING. The building in which is conducted the principal use of the parcel on which it is located. Lots with multiple principal uses may have multiple PRINCIPAL BUILDINGS, but storage buildings, garages, and other clearly accessory uses shall not be considered PRINCIPAL BUILDINGS.
PROJECTING SIGN. Any sign that is affixed at an angle or perpendicularly to the wall of any building in a manner as to be read perpendicularly or at an angle to the wall on which it is mounted.
PUBLIC EVENT. Any event that is authorized by the city.
PYLON. See FREESTANDING SIGN.
REAL ESTATE SIGN. A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property.
REFLECTING SIGN. Any sign which returns light waves from its surface back toward the light source.
RESIDENTIAL SIGN. Any sign, permitted by the code, located in a district zoned for residential uses.
ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.
SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SHOPPING CENTER. Two or more retail stores and/or service establishments, or 1 retail store and 1 service establishment, sharing customer parking areas, regardless of whether the stores and/or establishments occupy separate structures or are under separate ownership.
SIGN. Every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information to the general public. In addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light and in view of the general public and used or intended to be used to attract attention or convey information to motorists.
SIGN, GAS PUMP TOPPER. Any sign, of lightweight fabric or similar material, that is attached to a fuel pumping station within a rigid frame. Such sign shall be permanently fastened to the pumping station.
SNAP FRAME. Any sign of lightweight fabric or similar material that is attached to a structure or building within a rigid frame. A SNAP FRAME shall run parallel to but within 4 inches of the wall of any building in such a manner as to be read in front of the wall on which it is mounted, provided, however, that the sign shall not project above the top of the wall or beyond the end of the building.
STREET FRONTAGE. The distance for which a lot line of a lot runs parallel to and adjoins a public street.
STREETS AND SIDEWALKS. A strip of land or access way subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails, or other thoroughfares.
SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGN. Any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence for a fixed and limited time or duration and intended for a limited period of display, or which is not designed or intended to be placed permanently.
WALL SIGN. Any sign that shall be affixed parallel to but within 12 inches of the wall or printed on the wall of any building in a manner as to be read parallel to the wall on which it is mounted, provided, however, the WALL SIGN shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a WALL SIGN. Any sign that is affixed to the windows, benches, or building marquee shall be considered a WALL SIGN.
WALL SIGN, PAINTED. A sign which is applied with paint or similar substance on the surface of a wall.
WAYFINDING SIGN. A sign used to direct tourists, visitors, and other road users to key civic, cultural and visitor attractions within the city.
WINDOW SIGN. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is painted on or installed inside a window for the purpose of viewing from outside the premises.
(Ord. 1188, passed 6-16-2008; Am. Ord. 1195, passed 9-15-2008; Am. Ord. 1235, passed 8-16-2010; Am. Ord. 1273, passed 1-16-2012; Am. Ord. 1301, passed 7-1-2013; Am. Ord. 1405, passed 10-7-2019)