(a) Purpose.
(1) This section establishes the regulations for the continuing use of outdoor advertising in order to encourage an attractive environment for businesses, inform and direct the general public, protect and enhance the physical appearance of the community, ensure public safety along streets and highways, and provide business with a format for advertising the goods and services made available by the business community.
(2) Outdoor advertising is a traditional and legitimate advertising medium involving the lawful use of private property.
(3) Outdoor advertising should be regulated to provide for safe structures, to be properly located so as to meet uniform standards for construction and maintenance, and to be maintained to conform to a neat and pleasant community appearance.
(4) In support of the previous statements and in order to assure the compatibility of off-premise (billboard) signs with surrounding land usage, to enhance the economy of the City, to protect the public interest in streets and highways, to promote and maintain the safety and general welfare of persons and their property in the vicinity of outdoor advertising structures, to allow property owners the opportunity to sell or lease their properties for outdoor advertising uses, and to provide and protect tax revenues by promoting the reasonable, orderly and effective display of outdoor advertising, it is deemed to be in the public interest to enact this section.
(b) Definitions.
(1) Advertising structure means a sign which has a flat surface sign space upon which advertising may be posted, painted or affixed, and which is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists.
A. Bulletins: standard sizes are as follows:
14' H x 48' W
10' H x 40' W
10' 6" x 36' W
B. Posters: Standard size is 12' 3" H x 24' 6" W
(2) Back-to-Back Sign means an off-premise sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing.
(3) Billboard Signs means the common term for poster panels and bulletins.
(4) Directional Signs means a sign erected for the convenience of the public, such as for directing traffic movement, parking, or identifying restrooms, public telephones, walkways and other similar features or facilities, and bearing no advertising message.
(5) Double Faced Sign means an office premise sign with two adjacent faces oriented in the same direction and not more than 10 feet apart the nearest point between the two faces.
(6) Embellishment means add-ons to the structure that extend beyond the standard structure area to command greater attention to the message. Can include letters, packages, 3-D elements.
(7) Facing means that portion of an off-premise sign upon which advertising is affixed or painted and visible in one direction at one time.
(8) Official Sign means a sign erected by a governmental agency or its designee, setting forth information pursuant to law.
(9) Off-premise outdoor advertising sign means a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not located on the premises and/or property upon which the sign is located; also called a “billboard”. The following shall not be considered an off-premise sign for the purpose of this section:
A. Directional or official signs authorized by law.
B. Real estate signs.
C. On-premises signs.
(10) Real Estate Sign means a sign which advertises the sale or lease of the property upon which the sign is located.
(11) Roof Mounted Signs means an off-premise sign attached to the roof of a building.
(12) V Type Sign means an off-premise sign structure which consists of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding 10 degrees apart at the nearest point to each other from center line of structure. Not to exceed 20 degree at furthest point. See Attachment A of Ordinance, passed 2-28-02.
(13) Wall Sign means an off-premise sign attached to the wall of a building or structure.
(c) Permitted Districts. Off-premise signs (billboards) shall be a permitted use within the Commercial District.
(d) Legal Nonconforming Signs.
(1) Any off-premise sign lawfully erected and in existence as of the effective date of this section which does not meet the requirements of this section and may be maintained as a matter of right as a legal nonconforming sign.
(2) Any non-conforming off-premise (billboard) sign that would be removed or any destruction of the structure with replacement cost of 50% or more, shall adhere to the applicable zoning-sign ordinance for the said zoning district.
(3) Nothing in this section shall be deemed to prevent the strengthening or the restoration to a safe condition any off-premise (billboard) sign or part thereof, declared to unsafe by the Code Enforcement Division official.
(e) General Provisions.
(1) No off-premise (billboard) sign shall be constructed which resembles any official marker erected by a governmental entity, or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device.
(2) Off-premise (billboard) signs shall be constructed in accordance with City and State Building and Electrical Codes and shall be subject to wind and snow loads as set forth in the latest edition of the BOCA Building Codes. All plans shall have a structural engineer’s seal/stamp with the engineer’s signature.
(3) All plans shall be submitted with a site plan or legal survey showing the perimeter, the exact location of the proposed sign on the site, and the distances from all property lines of the farthest point of the sign.
(4) Off-premise (billboard) signs shall be regularly maintained in good and safe structural condition.
(5) Any advertisement poster on said off-premise (billboard) sign for a special event shall be removed within thirty (30) days from the ending date of said event. If the removal of the poster creates an unsightly view, a generic, white poster shall be installed.
(f) Size of Signs.
(1) The total facing(s) shall be 672 square feet, excluding an embellishment which shall not exceed 20% of the maximum sign area allowed.
(2) The sign shall be measured by the smallest square, circle, rectangle, or combination thereof which will encompass the entire sign face.
(3) Sign shall be single faced or V Type signs and meet the size requirements. Double stacked signs shall not be permitted.
(4) The embellishment shall extend not more than five and one-half feet (5½') above the top molding or two feet (2') from the bottom or side molding of such sign.
(g) Height of Signs. An off-premise sign shall have a maximum height not to exceed forty (40) feet above grade level of the roadway to the top of the structure, as measured from the centerline of the roadway to which the sign is oriented. Minimum eight feet (8') clearance to bottom of sign.
(h) Setback Requirements.
(1) Front: A minimum setback of 25' is required from front lot line for any off- premise sign, regardless of zone.
(2) Side: A minimum setback of 5' on each side is required from lot line for any off-premise sign, regardless of zone.
(3) Rear: A minimum setback of 5' is required from rear lot line for any off- premises sign, regardless of zone.
(4) Street intersection: A minimum setback of 30' from all rights of way of any street.
(i) Spacing.
(1) No off-premise sign shall be constructed within one thousand (1,000) feet measured from all directions of any other off-premise sign if in line of sight.
(2) Spacing from Directional and Official signs, on-premise signs or any sign which does not constitute an off-premise sign shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.
(3) No off-premise sign shall be permitted within four hundred (40) feet from any residential zoning district within a C-1 zoning district.
(4) The minimum distance between off-premise signs shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along each side of the highway or street.
(5) No off-premise sign shall be permitted within five hundred (500) feet from each property line of a public recreation facility, park, school, or church, regardless of the zoning district.
(j) Lighting. Off-premise signs may be illuminated subject to the following restrictions:
(1) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(2) No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(3) No flashing, intermittent or moving lights are permitted.
(k) Type of Sign Structure. All advertising structures shall be of the unipole (single pole) style constructed of street. The structure shall be sealed with a solid earthtone color.
(l) Sign Permits. No off-premise sign shall be erected without first securing a zoning permit, construction permit and all applicable fees are paid. Before such zoning permit is issued, an on-site inspection shall be made to determine that the proposed off-premise sign complies with all provisions of this section.
(m) Prohibited Signs, Etc.; Removal at Owner’s Expense. No person shall paint, mark, post, tack, nail or otherwise affix any sign, advertisement, notice, picture, drawing, emblem, poster, printing, or writing, other than those placed and maintained in pursuant of law, on or to any stone, rock, tree, fence, stump, post, pole, building or other structure, which is in or upon the right-of-way of any public road or highway, including the road, median or highway itself, except that the City of Vienna may provide for suitable road signs, danger signals and other signs of informational nature. No such sign or other marking shall be suspended over the right-of-way of any public road or highway.
(n) Penalty. Any person violating this section, whether as principal, agent, or employee, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of this section is committed or continued. Every such prohibited sign or other marking is hereby declared to a public nuisance. Upon receiving notice of any violation of this section, the Mayor shall cause the prohibited sign or other marking to be removed within ten days and shall cause the appearance of the property on which it was affixed to be restored, as near as may be practicable, to its condition immediately before such violation occurred. The Mayor shall, in the name of the City of Vienna, recover from the persons who hereafter violate this section the amounts expended by the City of Vienna in removing the sign or other marking and in restoring the appearance of the property on which it was affixed. (Passed 2-28-02.)