ARTICLE 10. SIGN REGULATIONS

Transcription

1 Section 10.1 Purpose and Scope Section 10.2 Definitions Section 10.3 Signs Exempt from Permitting Requirements Section 10.4 Permit Required and Prohibited Section 10.5 Permit Procedures Section 10.6 Permit Sign Fees Section 10.7 Inspection Section 10.8 Design and Standards Section 10.9 Misleading Advertising Section Obstruction of Exterior Doors, Windows and Fire Escapes Section Occupation of or Projection into Public Right-Of-Way Section Signs in Disrepair and Unsafe Signs Section Obsolete and Abandoned Signs Section Traffic Hazards and Sign Illumination Section Zoning District On-Premises Sign Regulations Section Off Premise Signs Section Nonconforming Signs; Intent Section General Nonconforming Sign Provisions Section General Provisions Section Noncompliance Section Subdivision Entranceway Structures / Signs Section Temporary Signs Section Portable Signs Page 10-1

2 10.1 Purpose and Scope. The purpose of this section is: 1. To enhance and protect the physical appearance of the city while promoting the economic well being of the community by creating a favorable physical image. 2. To promote public safety and traffic safety by ensuring that signs are properly designed, constructed, installed and maintained. 3. To minimize distractions and/or obstruction of views that contribute to traffic hazards and endanger public safety. 4. To promote high standards of quality development by encouraging appropriately designed, placed and sized signage. 5. To provide an effective guide for communicating identification through signage while preventing signs from dominating the visual appearance of the areas in which they are located. 6. To afford businesses, individuals and institutions an equal and fair way to use signs as an effective form of communication or promotion of products and services. 7. To prohibit signs of a commercial nature from districts in which commercial activities are barred Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animation means the movement or the optical illusion of movement of any part of the sign structure, design or pictorial segment, including the movement of any illumination, or the flashing, scintillating or varying of light intensity. The automatic changing of all or any part of the facing of a sign or any sign or part of a sign shall be considered to be animation. Also included in this definition are signs having chasing action, which is the action of a row of lights commonly used to create the appearance of motion. Banner means a sign or outside advertising display having the character, letters, illustrations, ornamentations, symbol, color or visual representation applied to cloth, paper, vinyl, fabric, plastic or like kind of malleable material, with or without frame. The term "banner" shall include flags, pennants, ribbons, spinners, streamers, kites, balloons (but not dirigibles) and/or similar types of lighter-than-air objects, or any other material or outside advertising display Page 10-2

3 fastened in such a manner as to move upon being subjected to movement of the atmosphere or any mechanical device. Building frontage means the linear length of a building facing the street right-of-way or parking lot. Changeable copy sign means a sign on which message copy is changed manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters of changeable pictorial panels without altering the face or the surface of the sign. Commercial center means two or more retail stores, or service establishments, professional offices or any other businesses serving a community or neighborhood, not necessarily owned by one party nor by a single land ownership, which occupy a common and/or adjacent buildings on the premises and utilizing common parking areas. Copy means the characters, letters, message or illustrations displayed on a sign face. Directory sign means a sign listing the names and/or use or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center. Such a sign contains no other identifying/advertising message than that listed above. Double-faced sign means a sign with two faces which are usually but not necessarily parallel. Erect means to assemble, construct, build, raise, place, install, affix, attach, create, paint, draw or in any other way bring into being or establish. Facade means the entire building walls, including wall faces, parapets, fascia, windows, doors, canopy and visible roof surfaces, of one complete elevation. Festoon lighting means a string of outdoor lights, including glass tubes filled with neon, argon, krypton or others used to construct a sign and suspended between two points. Freestanding sign means a sign supported by a sign structure placed in the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure, for support. Fuel station canopy means structures designed to cover and light fuel pumps customarily adjacent to or connected to retail establishments that sell gasoline to motorist. Grade means the uppermost surface directly below the sign or immediately adjacent to the support. Where the uppermost surface has been artificially raised for landscaping or other purposes, grade shall be measured from the level of the nearest town or state street curb. Handbill (circular) means a sign that is distributed to the public or placed on vehicles, buildings, structures, objects or surfaces as part of the distribution. Height of sign means the vertical distance measured from the adjacent street crown grade to the top of the sign face or sign structure, whichever is greater. Page 10-3

4 Illumination, direct means illumination which emits light either by means of an artificial light source on a surface, or by means of an artificial light source transmitted through a surface. Illumination, indirect means illumination which reflects light from an artificial light source intentionally directed upon a surface. This shall also include silhouettes of letters or symbols placed before a background of reflected light. Occupancy means any one business, activity or office. Off-premises sign means a sign that identifies or communicates a message related to an activity conducted, a service rendered or a commodity sold, which is not the primary activity, service or commodity provided on the premises where the sign is located. On-premises sign means any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is located on the premises upon which the sign is located. Out-parcel establishment means any establishment located on the premises of a shopping center that is not physically attached to the main shopping center structure. Parapet means a false front or wall extension above the roof line. Parcel means a tract of land in the possession of or owned by, or recorded as property of the same person(s) or legal entity that has one continuous perimeter boundary within which all of its area is contained. Political Sign means a sign that advertises a candidate or issue to be voted upon a definite election day. Portable sign means any sign designed or intended to be readily relocated that is not permanently attached to any property. The term includes signs on wheels or on portable structures, tent signs, A-frame signs and similar devices and any sign not secured or securely affixed to the ground or a permanent structure. Portable signs shall be non-illuminated. Premises means a tract of land, the area of which is self-contained within a continuous perimeter boundary and is identified by a recorded plat or survey, provided with a parcel number by the county GIS, established by a subdivision plat, or established pursuant to applicable land use regulations. Principal street frontage means the length of the property line of any premises serving as a public street right-of-way line. For lots with multiple frontages, the principal street frontage shall generally be that which abuts an N.C. designated numbered route or the street having the highest vehicular traffic volumes; but if the frontages have equal traffic exposure, the property owner shall be permitted to designate his principal street frontage. For the purpose of determining allowable sign area, the frontage may be measured (at the option of the Page 10-4

5 property owner) at the required front building setback line instead of along the public street right-of-way line. Sign means any device designed to attract the attention of the public which is attached, painted or otherwise affixed to, or a part of, a building, structure, material, surface, vehicle or object. Integral decorative features of buildings except letters or trademarks, fences, walls and works of art are not to be construed as being a sign. Works of art shall not be objects removed from their normal functions of conveying information using letters and/or numbers. Sign shall include any artificial light source, time or temperature units, clocks and any device which animates or projects a visual representation which attracts the attention of the public. Customary graphics found on soft drink and newspaper dispensaries and similar machines shall not be considered as signs. Sign area means the area of signs composed in whole or in part of freestanding letters, devices or sculptured matter not mounted on a measurable surface, which shall be construed to be the area of the least square, rectangle or circle that will enclose the letters, devices and/or sculptured matter. The area of a double-faced sign shall be the area of one face of the sign. Sign, canopy/awning means a wall sign in which the lettering is applied directly onto a canopy or awning. The lettering on a canopy/awning shall be counted as sign face area. Sign face means the part of the sign that is or can be used to identify, advertise or communicate information for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and direct illumination or self -illumination used that differentiates that sign from the building, structure, backdrop surface or object upon which or against which it is placed. The supporting structure shall be included in the measurement of a sign height, but not included in the calculation of sign area. Sign, Freestanding means a sign erected by means other than attachment to a building, canopy or marquee. Sign, knock-out backlit means a sign that illuminates only letters, illustrations and/or symbols from within. Sign, monument means the sign is mounted generally flush with the ground plane and may not be mounted on a pole, pylon, raised on a manmade berm, wall, or similar structure. a. The supporting structure (base) shall be included in the measurement of a sign height, but not included in the calculation of sign area. The supporting structure (base) material shall be constructed with materials architecturally consistent with the principal structure. Sign, projecting means a blade sign or any sign that is mounted to and projects out from a building wall. Page 10-5

6 Sign, temporary means a sign that is displayed only for a specified period of time not to exceed six months. Signs with the copy of "Grand Opening", "Going Out of Business", "Sale", "Half Price" and the like shall be classified as temporary signs. Sign, wall means a sign attached to or painted on a wall or building, with the exposed display surface of the sign in a plane parallel to the place of the wall to which it is attached or painted, including signs affixed to or on display through a facade window. A wall sign may project no more than twelve (12) inches from the building wall. Sign face means the part of the sign that is or can be used to identify, advertise or communicate information for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and direct illumination or self -illumination used that differentiates that sign from the building, structure, backdrop surface or object upon which or against which it is placed. Sign structure means a supporting structure erected or intended for identifying/advertising purposes, with or without a sign on the structure, situated upon or attached to real property, upon which any sign is fastened, affixed, displayed, applied or a part of; however, this definition shall not include a building, fence, flagpole, illumination standard or sailboat mast. Window, facade means a window located in the front of the building or part of a building facing a street or courtyard. Section 10.3 Signs Exempt from Permitting Requirements. A permit is not required for the following types of signs or sign alterations, and such signs shall not be considered in determining the allowable number or size of signs on the premises; however, they must comply with all other applicable sections of this chapter and the conditions of this section. A sign may exceed these limitations if a permit is obtained and all other provisions of this chapter are met. 1. Traffic directional signs, identification and legal notices, and all other signs erected by or on behalf of a governmental body. However, signs for businesses on governmental property shall not be exempt. 2. Private street or road name signs meeting the NCDOT and Brunswick County 911 addressing standards as to size, color, and placement. 3. Signs directing and guiding traffic and parking on private property not exceeding four square feet for each sign with a maximum height limitation of three feet. A maximum of one such sign shall be permitted at each point of ingress or egress to a parking area. The copy shall be limited to the directional information bearing no advertising matter. Said signs shall be constructed of a material that is architecturally consistent with the primary structure. 4. Pavement markings of a traffic directional nature consistent with standard and customary markings used by the town and NCDOT. Page 10-6

7 5. Signs not visible beyond the boundaries of the lot or parcel upon which they are situated or from any public right-of-way or lake. 6. Welcome signs and town civic directory signs authorized by the board of commissioners. 7. Signs designated "no trespassing," "no dumping," "no loitering," and similar signs not exceeding one square foot in area and installed by the landowner or agent. 8. Signs warning the public of the existence of danger, but containing no advertising material, to be removed upon subsidence of the danger for which warning is being given. 9. Real estate signs, advertising the sale, rental or lease of all or a portion of the premises on which it is displayed during the sale, rental or lease period, subject to the following restrictions: a. Permitted sign types are non-illuminated wall, window or freestanding. b. For residential land uses, six (6) square feet for the first dwelling unit plus one square foot for each additional unit, with thirty two (32) square feet maximum and for nonresidential land uses, thirty two (32) square feet. c. Maximum height, eight feet (8) for nonresidential uses and four (4) feet for residential uses. d. Each residential premise shall be limited to one (1) two (2) foot by three (3) foot totaling six (6) square foot sign advertising the sale or rental of that residential premise. 1. Corner lots shall be entitled to two (2) signs with one (1) sign on each street frontage. 2. Lake front lots shall be entitled to two (2) signs with one sign on the street front and one (1) sign on the lake frontage. 3. Lots that adjoin the golf course shall be entitled to two (2) signs with one sign on the street front and one (1) sign on the golf course frontage. e. No sign designated as "sold" shall be displayed for more than ten (10) days. f. Open house or sales promotional signs shall be limited to one (1) directional sign at the main street corner and one (1) sign on the street corner where property is located. On site signage may consist of one (1) of each of the following: open house, flag or banner, listing agency sign. All signs in this category shall be Page 10-7

8 limited to six (6) square feet in size, may only be placed at the beginning of each sale day, and must be removed at the end of each sale day. g. No real estate sign shall be placed off premise or in the right of way except as allowed in Section f of this Section. 10. Temporary construction site signs: a. One (1) temporary construction site sign not exceeding six (6) square feet for residential districts may be erected on the site during the period of active construction to announce the name of the owner or developer, contractor, architect, land planner, landscape architect, engineer and/or mortgage banker. Maximum height shall be four (4) feet in residential districts. b. One (1) temporary construction site sign not exceeding thirty two (32) square feet for commercial districts may be erected on the site during the period of active construction to announce the name of the owner or developer, contractor, architect, land planner, landscape architect, engineer and/or mortgage banker. Maximum height shall be eight (8) feet in commercial districts. c. These signs must be removed within ten (10) days of the certificate of occupancy being issued for the premises on which these signs are located. 11. Changing copy on a legal bulletin board or maintenance where no structural changes are made, or the changing of the interchangeable letters on signs designed for them, or the changing of the color of illumination systems. 12. Temporary yard / garage sale signs: a. Signs no greater than six (6) square feet may be posted in the right of way, so long as said signs do not interfere with vehicular traffic or line of sight of any traffic thereby creating a danger upon the streets of the town. b. All signs shall be removed at the termination of the sale not to exceed three (3) days from the start of the sale. The removal of the signs shall be the responsibility of the owner of property where the yard sale is located. Signs picked up by the code enforcement official will result in fines as described in Section 1.13 of the Boiling Spring Lakes Code of Ordinances. 13. Holiday season decorations provided no business identification or commercial message is contained on the sign. 14. Religious symbols, commemorative plaques of recognized historical agencies or identification emblems or religious orders or historical agencies, provided that all such symbols, plaques and identification emblems shall be placed flat against a building. Page 10-8

9 15. Signs not exceeding six (6) square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations. 16. Sign messages which advertise a discontinued activity or use of a building or premises shall be removed within thirty (30) days from the date the activity or use was terminated. 17. Signs advertising any public, charitable, educational or religious event or function and the like provided: a. There is not more than one (1) such sign per event; b. Such sign must be on the same premises; c. The maximum area is thirty-two (32) square feet; d. Such signs are permitted on no other public or private property; e. Such sign shall be removed within forty-eight (48) hours after the date of termination of such event and; f. No off-premises signs, are permitted in any zoning district. g. Signs erected by or on behalf of a governmental body. 18. Integral decorative features of buildings, except letters, trademarks, moving lights or moving parts. 19. Direction or information signs of a public or quasi-public nature shall not exceed thirty two (32) square feet in area. Such signs shall only be used for the purpose of stating or calling attention to: a. The name or location of the town, hospital, community center, public or private school, church, synagogue, or other place of worship; this type sign may be illuminated; b. The name of a place of meeting of an official or civic body, or fraternal organization; this type sign may be illuminated; c. An event of public interest such as a public hearing, rezoning announcement, church or public meeting; local or county fair; and other similar community activities. d. On premise unless otherwise exempt from the provisions of this article. Page 10-9

10 20. The noncommercial flying of up to three (3) flags: a. United States flag, state flags, flags of foreign nations, political subdivisions, churches or religious groups are exempt from the provisions of this article, except for size, which shall not exceed four (4) by six (6) feet. b. All three (3) flags may be flown on a single flagpole or individual flagpoles but not to exceed three (3) flags. c. Any flagpole shall not exceed a height of twenty (20) feet, including any base securing the flagpole. d. Flagpoles erected by or on behalf of a governmental body are exempt from the provisions of this article. 21. Public service signs may be displayed that identify public services or conveniences, such as, but not limited to, restrooms, telephones, state vehicle inspection, credit cards accepted, hours of operation, vacancies, trading stamps given, N.C. Education Lottery, and trade association affiliations; provided that the total area of all such signs displayed to any one street does not exceed six (6) square feet per occupancy; and further provided that such signs shall be designed and erected inside the perimeter of a permitted sign or mounted flush against a building or structure. 22. Political signs a. Political signs may be placed during the period three (3) weeks prior to the November general election day and must be removed within one (1) week after election day. b. Signs are limited to six (6) square feet in size. c. Political signs may be located within any right of way with adjoining property owner s permission and shall be at least a minimum of five (5) feet from the designated road surface. No sign shall be placed on any utility poles, medians, or traffic control devices; or attached to any trees, fences, rocks, or any other sign(s). d. Political signs may be displayed on a vehicle but sign area is not to exceed thirty two (32) square feet. Section 10.4 Permit Required and Prohibited Signs. The following signs are prohibited: 1. Any sign not specifically permitted under Article 10 or any sign that is not specifically exempted from this Article is prohibited from being erected and subject to removal and fees as set forth in the City s fee schedule as established by the Board of Commissioners and filed in the office of the City Clerk. Page 10-10

11 2. Any commercial identification or advertising signs on benches and refuse containers, except for temporary rental containers or dumpsters. 3. Illuminated signs in residential districts requiring a permit except for signs associated with social, cultural, recreational and the like which are used for entrance signs. Illuminated signs for other uses in this district may be authorized by the Board of Adjustment. 4. Signs attached or painted to piers or bulkheads except for one (1) on-premise building identification sign not to exceed nine (9) square feet per establishment. 5. Pavement markings, except those of a customary traffic control nature. 6. Signs of material including but not limited to paper, paint, cardboard, plastic, wood and metal which are painted on or attached to trees, lampposts, hydrants, traffic signs, rocks or other natural features, telephone or utility poles or painted on the roofs of buildings visible from any public thoroughfare. 7. Any off-premises commercial identification or advertising signs. 8. Circulars, throwaways, handbills, banners (except as allowed with an approved group activity permit or conforming to section 10.23), balloons, streamers, spinners, posters, placards, pennants or inflatable devices used to attract attention are prohibited in residentially and commercially zoned areas, except for use at a temporary social event in residential areas, such as birthday, wedding or homecoming events. 9. Any sign or sign structure other than freestanding, any portion of which extends above the top of the wall parapet, building roof line, and the facade of any building. 10. No Roof sign may be erected or displayed on a commercial structure. 11. Portable signs are prohibited, except temporary, non-illuminated signs announcing any public, charitable, educational or religious event or function are allowed provided a permit is obtained from the UDO Administrator and further provided they are located entirely within the premises of the institution do not exceed a sign area of thirty two (32) square feet, and do not constitute a safety hazard in the opinion of the UDO Administrator. Such signs shall be allowed no more than fourteen (14) days prior to the event and must be removed within forty eight (48) hours after the event or function. If building mounted, these signs shall be flat wall signs and shall not project above the roofline. If ground mounted, the top shall be no more than eight (8) feet above ground level except as provided in of the Article. Page 10-11

12 12. Any sign or outdoor advertising display which contains statements, words or pictures of an obscene character as defined in G.S such as will offend public morals or decency. 13. The use of festoon lighting or lines or luminous material of foil except as seasonal decorations. 14. Any private or business sign, except those for a driveway, loading zone and the like, authorized by a public agency which restricts or appears to reserve any portion of the public right-of-way or any public property for the exclusive use or private uses of any individual, tenant, client, guests or business. This prohibition extends to all such signs, whether on public property or private property. 15. Glass tubes filled with neon, argon, krypton or others used to construct a sign or used in a manner similar to festoon lighting. Open, closed or vacancy signs shall be permitted but shall be limited to one (1) sign per structure / store front and no larger than three (3) square feet. 16. Prohibited advertisement of illegal activities in the State. 17. Any other type or kind of sign which does not comply with the terms, conditions and provisions contained in this article. Section 10.5 Permit Procedures. The planning department may issue a permit for the erection or construction only for a sign which meets the requirements of this article. Unless otherwise provided for in this article, no sign or sign structure, regardless of its cost of construction, shall be erected, replaced, relocated, constructed, changed or altered until after a permit has been issued by the UDO Administrator. Applications for permits to erect, hang, place, paint or alter the structure of a sign shall be submitted on forms obtainable from the planning department five (5) business days prior to the issuance of a permit. Applications shall be based on the current parcel of record at the Brunswick County Tax Office as of date of the permit application. Each application shall be accompanied by a plan showing the following: 1. Name and address of the owner of the sign. 2. Exact size, shape, configuration, design, area, height, nature, number and type of sign to be erected. 3. The value of the sign or sign structure. 4. The method and type of illumination, if any. 5. The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs. Page 10-12

13 6. A graphic representation to scale, including color scheme, lighting, and landscaping of the proposed sign. 7. If conditions warrant it, such additional information as will enable the UDO Administrator to determine if such sign is to be erected in conformance with the requirements of this article. Section 10.6 Permit Sign Fees. Before issuing a permit, the applicant shall pay all fees as set forth in the City s fee schedule as established by the Board of Commissioners and filed in the office of the City Clerk. Section 10.7 Inspection. The UDO Administrator may make or require any inspections of any construction work to ascertain compliance with the provisions of this article and other laws which are in force and to ascertain that the sign is erected or displayed as indicated on the approved sign permit application. Section 10.8 Design and Standards. All permanent signs shall be constructed of durable materials that are architecturally consistent with the primary structure, and are designed to meet all applicable requirements of the state building code. Section 10.9 Misleading Advertising. 1. It shall be unlawful for a person to display false or misleading statements upon signs, or other public places, calculated to mislead the public as to anything sold, any services to be performed, or information disseminated. The fact that any such sign or display shall contain language sufficient to mislead a reasonable and prudent person in reading it shall be prima facie evidence of a violation of this subsection by the persons displaying such sign, or permitting the sign to be displayed at their residence, establishment or place of business. 2. Signs with the copy of "Grand Opening," "Going Out of Business," "Sale," "Half Price" and the like shall be classified as temporary signs, regardless of construction, and shall comply with G.S through Section Obstruction of Exterior Doors, Windows and Fire Escapes. No sign or advertising display shall be attached to or placed against the outside of a building in such a manner as to prevent ingress and egress through any door or window, nor shall any sign or advertising display obstruct or be attached to a fire escape. Page 10-13

14 Section Occupation of or Projection Into Public Right-Of-Way. Except if done by a public agency, no sign shall occupy public property in any manner; nor shall any sign extend across a property line where such property line borders a public right-ofway or any public property. Section Signs in Disrepair and Unsafe Signs. 1. All signs and supports, braces, guys and their anchors shall be kept in good repair, refurbished and repaired as necessary, and perpetually maintained in safe condition, free from deterioration, defective or missing parts, or peeling or faded paint, and able to withstand the wind pressure for which they were originally designed. Any sign not in compliance with this subsection is declared to be a nuisance. 2. The UDO Administrator may order the repair or removal of any such signs that are not maintained in a safe condition and in good repair in accordance with the provisions of this subsection. If the UDO Administrator shall find that any sign is in violation of this subsection, he shall give notice to the property owner, specifying the location of the hazard or deteriorated sign, what needs to be done to render the sign safe and in good repair, and that if the work is not done by the owner that the town will either do the work or remove the sign at the expense of the owner of the property upon which it is located. Service of any notice may be by personal service or by registered or certified mail, return receipt requested. Service shall be deemed complete upon delivery; if the address of the person to be notified is unknown or the notice which has been mailed is returned, such notice may be served by posting the notice on a conspicuous place on the premises on which the nuisance is located and by advertising the notice once a week for three weeks in the local newspaper, in which event service shall be deemed complete after the preceding is accomplished. 3. The person so notified shall remove or initiate alteration of such sign within ten (10) days of such notice and such sign condition shall be completely rectified within thirty (30) days. In the case of the unavailability of critical replacement parts, an additional thirty (30) days for compliance may be granted by the UDO Administrator; but such availability of parts shall not give reason to delay repair of the sign to the maximum extent feasible. If the person so notified fails or refuses to remove or alter such sign within the time periods specified in this subsection, the UDO Administrator may cause such sign to be removed or altered so that the sign is rendered in good repair and safe at the expense of the owner of the property upon which it is located. 4. The UDO Administrator may, without notice, cause any unsafe or insecure sign to be immediately removed if, in his opinion, the sign presents an immediate peril to life and limb. 5. If any sign is damaged exceeding fifty (50) percent of the reproduction value as determined by the UDO Administrator, such sign shall be restored, reconstructed, altered, repaired, or removed at the owners' expense so as to conform with all of the provisions of this chapter. Page 10-14

15 Section Obsolete and Abandoned Signs. 1. Any sign which advertises or pertains to a business, product, service, event, activity or purpose which is no longer conducted or that has not been in use for thirty (30) days or which is no longer imminent, or any sign structure that no longer displays any sign copy shall be deemed to be an obsolete or abandoned sign. 2. Signs associated with businesses which are normally open only on a seasonal basis shall not be considered to be obsolete or abandoned, provided there is clear intent to continue operation of the business within nine months. Similarly, permanent signs applicable to a business that is temporarily suspended because of a change of ownership or management shall not be deemed abandoned or obsolete unless the property remains vacant for a period of six (6) months or twelve (12) months if the signs otherwise conform to all provisions of this article. 3. Obsolete or abandoned signs, sign copy or sign structures are prohibited and shall be removed by the owner of the property, his agent or the person having the beneficial use of the building or site upon which such sign or sign structure is erected within ten (10) days after written notification from the UDO Administrator. Notice shall be provided in accordance with the procedural guidelines specified in Section In the event of noncompliance with the terms and provisions, the City shall remove such signs at the expense of the property owner. 4. When any sign is relocated, made inoperative or removed for any reason, except for maintenance, all structural components, including the sign face and sign structure, shall be removed or relocated with the sign. All structural components of freestanding signs shall be removed to ground level. The structural components of all other signs, including painted wall signs, shall be removed back to the original building configuration. Section Traffic Hazards and Sign Illumination. 1. No floodlights shall be utilized as a part of a sign illumination system which are not hooded or shielded so that the light source is not visible from any public right-of-way or adjacent property, nor shall any sign otherwise reflect or emit a glaring light so as to impair driving vision. 2. The maximum illumination level for lighted signs shall be five hundred (500) watts per side. 3. No sign illumination system shall contain or utilize any beacon, spot, searchlight or stroboscopic light or reflector which is visible from any public right-of-way or adjacent property; nor shall such lights be operated outside, under any circumstances, except by authorized public agencies. 4. No sign shall display lights resembling by color and design or other characteristics customarily associated with danger of those used by police, fire, ambulance and other Page 10-15

16 emergency vehicles or for navigation. Automotive warning or flashing signs shall not be utilized as commercial attention-seizing devices. 5. No sign is permitted which, due to its position, shape, color, format or illumination, obstructs the view of or may be confused with an official traffic sign, signal or device or any other official sign, or which uses the words "stop," "warning," "danger," or similar words implying the existence of danger or the need for stopping or maneuvering. 6. No sign shall rotate or otherwise move. 7. No sign shall obstruct the view of motor vehicle operators entering a public roadway from any driveway, street or alley. On any corner lot on which a front and side yard is required, nothing shall be erected, placed, planted or allowed to grow which obstructs sight lines between a height of two and one half (2 ½) feet above the crown of the adjacent roadway and ten feet in a triangular area formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty five (25) feet along the front and side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection. Section Zoning District On-Premises Sign Regulations. Regulations for on-premises signs by zoning district are as follows: 1. In a residential zoning district: (see subsections 10.3(9) and (15) of this article). 2. In a commercial zoning district: a. One (1) monument or freestanding sign shall be permitted. b. Maximum height allowed is sixteen (16) feet and the maximum allowed total signage area is sixty four (64) feet. c. All signs shall be constructed of durable materials that are architecturally consistent with the primary structure. d. A graphic of the sign is shall be submitted to the UDO Administrator and approved. e. The sign shall not be located on any public right-of-way. f. In all cases, on-premises sign permits issued by the city planning department shall expire three (3) months from the date of issuance if the sign is not installed by that time. 3. Any out-parcel approved with a larger shopping center development shall be limited to wall signage and one monument with the following restrictions: Page 10-16

17 a. Height shall be six (6) feet measured from grade. b. Width shall be eight (8) feet. c. Sign area shall be thirty two (32) square feet per side. d. The supporting structure (base) shall be included in the measurement of a sign height, but not included in the calculation of sign area. The supporting structure (base) material shall be constructed with materials architecturally consistent with the principal structure and approved by the town planning department. e. In all cases, on-premises sign permits issued by the city planning department shall expire three months from the date of issuance if the sign is not installed by that time. 4. For the purposes of this chapter, Fuel Station Canopies shall be considered freestanding signs and shall be regulated as follows: a. The logo or message on the Fuel Station Canopy fascia shall be no larger than eight (8) square feet fifty (50) percent of the canopy area, and may be displayed one (1) time on each side of the canopy that faces a primary street. b. Lighting shall be recessed to directly illuminate only the area under the canopy. To achieve said illumination a ninety (90) degree cutoff luminary, which directs the lighting towards the ground underneath should be used, unless lighting is directed towards the building. At no time shall lighting illuminate adjacent residential property or interfere with safe vehicular travel, as indicated more fully in Section 8.23 of the City s UDO. 5. All on-premises monument signs shall be required to have landscaping and plantings installed at the time of sign installation with review and approval in accordance with Section Section Off Premise Signs 1. Permanent off premise directional signs for Non-profit Organizations: (A) Signs placed at commercial intersections shall be consistent with city street signs and be free standing. (B) Signs shall be purchased from and installed by the city public works department. An installation fee of one hundred dollars ($100) will be issued through the building inspections department. Businesses will pay, in addition to the installation fee, the cost of the sign. (C) No advertising will be permitted. Page 10-17

18 2. Permanent off premises directional signs for businesses: (A) Limited to one(1) directional per commercial intersection, shall be of monument design for multiple listings, up to six (6) square feet per business listing and shall be placed at a commercial intersection. 3. Temporary off premise signs. Temporary off premise signs are limited to weekends and holidays, up to three (3) signs per business, with adjoining property owner s permission and shall be at least a minimum of five (5) feet from the designated road surface. Section Nonconforming Signs; Intent. Signs which were in existence prior to the adoption of the ordinance from which this chapter derives (October 15, 2009) which do not conform to the provisions of this article are declared nonconforming signs. It is the intent of this section to recognize that the eventual elimination, as expeditiously and fairly as possible, of nonconforming signs is as much a subject of health, safety and welfare as is the prohibition of new signs that would violate the provisions of this article. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. Section General Nonconforming Sign Provisions. 1. Subject to the exceptions and the City's amortization schedule, any nonconforming sign may be continued in operation and maintenance after October 15, 2009, provided that nonconforming signs shall not be: a. Changed to or replaced with another nonconforming sign, including changing the sign face (except on changeable copy signs). b. Structurally altered so as to extend their useful life. c. Expanded. d. Relocated. e. Reestablished after damage or destruction of more than 50 percent of the value at the time of such damage or destruction. f. Modified in any way that would increase the degree of nonconformity of such sign. g. Except in the case of subsection (1)(c) of this section, this shall not prevent repairing or restoring to a safe condition any part of a sign or sign structure of normal maintenance operations performed on a sign or sign structure. Page 10-18

19 Section General Provisions. 1. Number of signs 2. Setback a. Shopping centers and/or business condominium development may provide one (1) freestanding sign that displays the name of the center or development and the tenant businesses. Such signs shall not exceed a sign surface area of sixty four (64) square feet relating to the center or development plus twelve (12) square feet relating to each individual tenant business within the shopping center. b. No freestanding sign structure requiring a permit shall coexist on the same parcel with any other freestanding sign unless the parcel has more than five hundred (500) feet of principal street frontage, in which case no two (2) signs shall be located closer than five hundred (500) feet from one another. All signs shall be erected so as not to obstruct or impair driver vision at ingress-egress points and intersections. 3. Building Signage. Wall signs including glassed areas in commercially zoned areas shall be limited to twenty (20) percent of the front facade. This percentage shall be the sum of signage placed on the building. Wall signs may be erected and displayed when in compliance with the maximum percentage of facade covered limitations and provided: a. No wall signs shall protrude more than twelve (12) inches from the wall to which it is attached. b. No wall signs shall extend beyond the parapet or eave line as appropriate of the building to which it is attached. If the building consists of more than two (2) stories, wall signs shall not extend above the second story. c. Wall signs shall not cover up or interrupt architectural features. d. The message of a wall sign shall be limited to the names, trademarks and service marks of the establishment located on the zoning lot. Additionally, the message of wall signs may include information necessary to direct patrons to the business where the business may not have a direct entrance from the street or pedestrian way. e. Signage not to exceed twenty five (25) percent on a glazed area. Page 10-19

20 4. Awnings f. Multiple street facades (corner lot) shall be allowed twenty (20) percent on each street facing façade. Awnings may be erected and displayed on a zoning lot in compliance with the following regulations: a. Maximum of twenty four (24) square feet in signage area on canopy/awning. b. No backlit awnings are permitted. c. No neon is allowed on awnings. d. On single-occupant property, one (1) awning sign may be allowed only in lieu of all other signage otherwise permitted on the wall to which the awning is attached. e. On multi-occupant property, one (1) awning sign may be allowed over each occupant entrance only in lieu of other wall signage. f. No metal bar or framing or other solid shall be less than eight (8) feet above the ground or sidewalk and that a flexible cloth, canvas or similar skirt may hang twelve (12) inches below the horizontal frame supporting the awning, but in no case shall the skirt be less than seven (7) feet above the ground or sidewalk at the lowest point. g. One (1) identification sign per business establishment may be suspended from or attached to the underside of a canopy/awning, provided such sign does not exceed six (6) square feet in area and maintains a clear distance of at least seven (7) feet between the sidewalk grade and the bottom of the sign. This signage shall be allowed in addition to the permissible amount of wall signage. 5. Vehicular signs A sign attached to or painted on a motor vehicle or trailer may be displayed in a commercial district in accordance with the following requirements: a. The vehicular sign must be affixed to the vehicle or trailer; b. The vehicle or trailer upon which the vehicular sign is affixed must be used in the routine conduct of the business advertised on the sign and the vehicle or trailer must have a current safety inspection sticker and current license displayed thereon in accordance with applicable state law. A principal use of the vehicle or trailer cannot be to advertise or display the vehicular sign, and parking spaces on commercial property cannot be used by off-site businesses and their vehicles for advertising purposes; Page 10-20

21 c. On commercial sites, the vehicle or trailer must be correctly parked within a designated parking space or loading zone. No vehicle or trailer with a vehicular sign can park within a street right-of-way except for temporary emergency parking; d. For illustration but not limitation, banners, flags, inflatable objects, "sandwich board signs," and frame signs placed within the bed of a pickup truck are expressly prohibited; e. Commercial buses and taxicabs may display vehicular signs which advertise businesses other than the bus or taxicab company in accordance with the following requirements: i. The display of vehicular signs must be incidental to the operation of the bus or taxicab as a mode of transportation; ii. Except for temporary or emergency parking, a bus displaying vehicular signs shall not be parked in parking lots, public access areas, or on private property with the displayed vehicular signs visible from a public right-of-way other than property owned/occupied by the principal place of business. 6. Blade Signs are allowed in commercial districts with the following regulations: a. One (1) non-illuminated blade sign to a building or business storefront. b. Any blade sign must have eight (8) or more feet of vertical clearance from the ground or sidewalk level. c. A blade sign may project no more than three (3) feet from the building wall and shall be no more than four (4) square feet in area per display surface. d. A Permit is required prior to installation e. Signs shall be stationary. Section Noncompliance. 1. The UDO Administrator or code enforcement officer shall cause to be removed any unauthorized, permanent, temporary or portable sign erected or situated upon public property. 2. The UDO Administrator or code enforcement officer shall cause to be removed any unauthorized, permanent, temporary or portable sign erected or situated upon private property by citing the owner or agent of the owner of the property with a notice of violation and requesting immediate removal. Page 10-21

22 a. Failure to immediately remove the sign upon notice shall result in a fine as set forth in the City s fee schedule as established by the Board of Commissioners and filed in the office of the City Clerk. Said fine accruing each day that the sign is permitted to remain, such that each day a violation continues shall be considered a separate offense. b. Removed signs will be held by the Building Inspections Department for not more than seven (7) days. Removed signs may be retrieved during that time by owners upon release by the Building Inspections Department and payment of a fine as set forth in the City s fee schedule as established by the Board of Commissioners and filed in the office of the City Clerk. c. After seven (7) days, all signs removed from public property shall be considered disposable. Section Subdivision Entranceway Structures/Signs. 1. Number. No more than two (2) entranceway structures/signs shall be permitted. 2. Location. Entranceway structures/signs shall be limited to locations at major entrances. Signs shall not be located in any public right-of-way. 3. Size. All entranceway structures shall be limited to the following: a. Maximum height shall be no higher than six (6) feet from the ground level to the highest point of the structure. b. Maximum length shall be no more than twenty (20) feet on each side of the street. c. Signage shall be allowed on the structure, however no sign shall be larger than thirty two (32) square feet in area per side with a sixty four (64) square foot total area. 4. Permit required. All entranceway structures/signs require a permit as set forth in Section In all cases, entranceway sign permits issued by the City s planning department shall expire three months from the date of issuance if the sign is not installed by that time. 5. Miscellaneous. All entranceway structures/signs shall comply with current CAMA regulations if applicable. Section Temporary Signs. Any organization of a civic, non-profit, public, fraternal, quasi-public or religious organization that sponsors a special event for which announcement signage is desired shall apply for a temporary sign permit to place temporary sign(s), banners(s) or other means of announcing Page 10-22