TOWN OF WILMINGTON SIGN ORDINANCE Town of Wilmington, Vermont Effective November 1, 1999 Revised and Adopted September 1, 1999 Revised and Adopted May 18, 2011 Effective July 18, 2011
Table of Contents Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Title Purpose Statutory Authority Districts Exempt Signs Not Requiring a Permit Allowed Signs Requiring a Permit Calculation of Areas and Number of Signs Permit Required Application for a Permit Appeal Process Obtaining a Permit Enforcement and Penalties Severability Amendment of Existing Sign Ordinance Recording Definitions Page 2
Section 1. Title This ordinance shall be known and cited as the Town of Wilmington Sign Ordinance. Section 2. Purpose The purpose of this ordinance is to: provide for orderly signage reduce the proliferation of signs in the Town of Wilmington protect the economic and scenic values of the Town prevent hazards to users of the walkways and roads in the Town encourage a style and scale of outdoor advertising that is compatible with the Rural Historic New England Town character Section 3. Statutory Authority This Ordinance has been promulgated under the authority granted the Town s Legislative Body by 24 VSA 1971 and 24 VSA 2291 (7). Section 4. Districts The Town of Wilmington, bounded as said Town is bounded, shall constitute one district. This Sign Ordinance does not apply to signs contained within the Historic Review District, when such ordinance or by-law provides sign controls. Section 5. Exempt Signs not requiring a Permit The following signs shall be exempt from the requirement to obtain a permit: A. Signs erected, maintained or administered by the Town of Wilmington or the State of Vermont, whether maintained at private or public expense. B. Small signs without advertising displayed for the direction, instruction or convenience of the public, including signs identifying rest rooms, freight entrances, free wireless internet access, ATMs, or posted areas, with a total area not exceeding four (4) square feet, provided such signs are on the premises of the activity served by the sign. 10 VSA 494 (8) C. Outdoor signs to be maintained for not more than sixteen (16) days erected by fairs, expositions, auctions, campaigns, drives or events of civic, political, philanthropic, service, or religious organizations, not exceeding twenty-four (24) square feet in area. D. Signs in or on the rolling stock of a common carrier while in use, such as signs painted on or attached to registered and inspected vehicles not substantially changing the exterior Page 3
dimensions of such vehicle provided that any such vehicle is in use as a vehicle. This exemption does not extend to rolling stock or vehicles when one of the principal uses has become that of advertising by having painted or posted thereon advertising matter. E. Signs identifying stops or fare zone limits of common carriers provided they do not exceed two hundred sixty (260) square inches in area. 10 VSA 494(4) F. Signs exempt under Title 10 494 (12) as now written or hereinafter amended. Directional signs, subject to regulations promulgated by the Federal Highway Administration, with a total surface area of six square feet, providing directions to places of business offering for sale agricultural products harvested or produced on the premises where the sale is taking place or to farmers' markets that are members of the Vermont Farmers Market Association selling Vermont agricultural products. Agricultural products harvested or produced on the premises may be included on the signs. G. Umbrella signs for a restaurant or food stand which has both a) a valid food service license from the Vermont Dept. of Health, and b) an approved zoning plan allowing outdoor seating. They may have one umbrella sign displaying the business name or names of products sold on the premises for each permitted outdoor table in addition to any other permitted signage. The umbrella signs must be installed over the approved tables. H. Signage on fuel pumps in automobile service stations, provided that such signage is used solely for the purpose of displaying brands, grades and prices of fuel sold on the premises. I. A-frame or sandwichboard signs provided that such signs are limited to one per business and is a maximum of six (6) square feet. A-Frame or sandwichboard signs may not be displayed when the business is closed and must not impede pedestrian traffic or be placed in an area designated for parking. J. Open sign or flag indicating that a business is open, provided that such sign is limited to one per business, does not exceed ten (10) square feet, is only displayed when the business is open and does not impede pedestrian traffic. Internal illumination, including neon and LED lighting, is not allowed. K. One real estate for sale" sign posted on the subject property for each twelve hundred (1200) feet of frontage, or part thereof, on a public road, provided that such signs do not exceed an area of six (6) square feet each. L. One for rent sign displayed on rental property provided that the sign does not exceed a maximum of three (3) square feet. M. Signs displayed in windows provided that no more than 30% of the total window area is used or a maximum of eight (8) square feet, whichever is smaller. Page 4
N. A sign displayed by contractors of no more than three (3) square feet while work is in progress. O. Unlighted signs not exceeding two (2) square feet in area, bearing property numbers, post box numbers, or names of occupants of the premises. P. Signs not exceeding three (3) square feet on outdoor vending machines. Internal illumination is allowed on outdoor vending machines. Section 6. Allowed Signs Requiring a Permit Permits must be obtained prior to the display of any of the following signs described below: A. Each business is allowed four (4) signs in the manner described below, provided that the total area of the signs for the business does not exceed sixty-four (64) square feet. 1. Pole Signs. No lot is allowed more than one (1) pole sign, which shall not exceed sixteen (16) square feet for each business. The sign shall be set back at least ten (10) feet from any non-street property line. 2. Wall Signs. Two (2) wall signs are allowed for each business provided they do not exceed a total of forty-eight (48) square feet in area. 3. Projecting Signs. Each business may have one (1) projecting sign. The sign shall not exceed eight (8) square feet in area and it shall meet the requirements below: a. It shall not extend within or above the traveled portion of a public road. b. It shall not be less than eight (8) feet above the surface of a public walkway. B. Plaza Signs are allowed as follows: 1. No lot is allowed more than one (1) pole or plaza sign. The sign shall be set back ten (10) feet from any non-street property line. 2. Each business is allowed one (1) sign panel of up to sixteen (16) square feet to be mounted on the plaza sign specified above. C. No sign may contain more than thirty-two (32) square feet of area on one side. D. Signs for home occupations or home businesses in a residence shall contain no more than four (4) square feet. E. In addition to the signs allowed in A and B above, the following additional temporary signs require a permit: 1. One additional sign shall be allowed which indicates one-time sales, special rates, entertainment or event or similar information, provided that: a. Such a sign is no larger than eight (8) square feet in total area. b. The additional temporary sign shall be displayed for no more than ten (10) consecutive days, nor for more than sixteen (16) days in any calendar month, nor for more than forty-five (45) days in any calendar year. Page 5
c. Such permit may be granted by the Sign Administrator for a period not to exceed forty-five days. F. One sign for approved subdivisions or housing development shall contain no more than three (3) square feet and may be displayed while lots are for sale or for three (3) years, whichever is shorter. An extension may be granted by the Sign Administrator if lots are still unimproved by structures. G. One entrance sign of a maximum of eighteen (18) square feet to identify subdivisions, housing developments and residential neighborhoods. H. All signs shall be subject to the following restrictions: 1. All signs must be maintained in good repair and in stable, safe and durable condition. 2. Internal illumination is not allowed, except for outdoor vending machines. 3. All signs except banners and those allowed in Section 5.J shall be constructed of wood, masonry, stone, glass or metal, although the Sign Board of Adjustment may approve signs constructed of alternative materials with similar visual characteristics. In approving alternative materials the Board shall find that the proposed sign utilizes materials to accurately simulate wood, masonry, stone, glass or metal, or appearance of a painted surface and that such sign meets all other applicable standards. 4. Signs shall not be allowed within ten (10) feet of a side property line or within the right-of-way of a public road. 5. No premises shall contain more than one pole or freestanding sign; however, a pole or freestanding sign may display sign panels for more than one business. 6. When a business or organization closes, moves or otherwise terminates, or an advertised product ceases to be offered, all graphics and text signs pertaining to that use, service, product or event must be removed from the location within ninety (90) days unless an extension of time is approved. An extension for a nonconforming sign may only be approved by the Sign Administrator. 7. Signs shall not be erected which appears to direct the movement of traffic or interfere with, imitate, or resemble any official traffic, directional or route sign, signal or device. 8. Signs shall not prevent a clear and unobstructed view of official signs and approaching or merging traffic or of existing approved signs on abutting properties. Page 6
9. Lighting of signs shall be downcast and so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of a public road or adjacent properties. 10. Signs and displays shall not contain any moving parts, nor contain, include, or be illuminated by a neon, flashing, moving or intermittent light. No internal illumination is allowed. 11. Previously permitted internally illuminated signs existing on the date of amendment (pre-existing non-conforming signs) of this ordinance may remain as-is, even if minor changes to such signs (such as changing business names or sign faceplates) are proposed. However, more significant changes to these signs (such as changes in location, or to the physical size or structure) will require complete compliance with the Ordinance in effect at the time. 12. Signs shall not be erected, attached or maintained upon trees, or drawn or painted on rocks or other natural features, or upon utility poles. 10 VSA 495(5) 13. Signs shall be allowed no closer to a sidewalk than three (3) feet from any vertical line from the edge of the sidewalk, except when such sign is attached to the face of buildings at least eight (8) feet above walking level and protruding no more than two (2) feet from the face of the building. 14. Advertising material may not be attached to or placed upon any property, including but not limited to cars, fences, walls and buildings, by anyone other than the owner or tenant of such property or his authorized agent. 15. A pole or freestanding sign may be up to sixteen (16) feet high. Where speed limits are 30 mph or less, a pole or freestanding sign may be up to twelve (12) feet high. 16. Signs are not allowed on roofs. 17. Signs shall not contain any fluorescent colors. 18. Any nonconforming ( grandfathered ) sign that is destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformance with this Bylaw. Where the date of destruction is not clear, the date of the application for a new sign permit shall be used for computation. Section 7. Calculation of Areas and Number of Signs Page 7 A. Area of Sign: The area of a sign is the entire display area of the sign, including all the elements of the matter displayed and any frame. Structural members not bearing advertising matter shall not be included in computation of sign area. Where there is
more than one set of letters or symbols the area shall be the total of each set. For twosided signs where the same message is on both sides and the signs are parallel and no more than 12 inches apart, only the square footage of one side of the sign counts towards the allowed area. Calculation of sign areas are as follows: 1. Wall signs: When the sign is painted on or attached or otherwise applied to any part of a building, canopy, awning, fence, window or other structure, the area is the smallest rectangle that encompasses all its lettering and accompanying figures, designs, logos, or symbols together with any background of a different color from the color of the structure. 2. Pole or freestanding signs: The area of a pole sign having only one component or sign panel is the area of the smallest rectangle that encompasses the entire sign. Where there is more than one component or panel, the area is the sum of their areas. 3. Projecting or perpendicular signs: The area of a projecting sign is the area of the smallest rectangle that will encompass the entire sign. B. Number of signs. On a pole or freestanding sign, all the components or panels shall count as a single sign. For projecting and wall signs, each component or panel shall count as a separate sign. Section 8. Permit Required A. A permit is required prior to the placement, erection, reconstruction, relocation or modification of any permanent or temporary sign, except signs as described in Section 5, and such sign permit shall be secured from the Sign Administrator. B. A permit is required prior to making a change to any existing sign when: 1. The sign remains the same size but the graphics or text is altered. 2. A different sized sign is replacing a permitted sign. C. Permits for minor changes to previously permitted signs may be administratively amended. The Sign Administrator may make the decision as to whether an amended permit will be approved. If the Sign Administrator believes that the change to the sign is not minor then the Sign Administrator may require that an application for a new sign permit be submitted to the Sign Board of Adjustment for review. D. No permit is required to refresh or repair existing graphics and/or text. E. Prior to making any changes to existing signs, the property owner / business owner should confirm with the Sign Administrator that the required permits or amendments have been approved. Page 8
Section 9. Application for a Permit Applications for a permit shall be on forms provided by the Town. Action shall be taken on the application by the Sign Administrator within thirty (30) days after the filing of a complete application. All sign applications shall contain a sketch or rendering of the face of the sign, including dimensions, materials, text and location of sign. A. The fees for a sign permit shall be as established by the Selectboard. Said fee shall accompany each application for a permit. No application shall be deemed complete unless accompanied by the appropriate fee. B. If not acted upon, permits shall expire after one year from the date of issue. An extension may be granted once by the Sign Administrator. Section 10. Appeal Process Page 9 A. Any Interested Person aggrieved by any action of the Sign Administrator may appeal such action to the Wilmington Sign Board of Adjustment. Such appeal shall be filed in writing to the Sign Administrator with the appropriate fee. Such notice of appeal must be filed within fifteen (15) days of the date of the decision or act. B. An Interested Person who has participated in a proceeding of the Sign Board of Adjustment may appeal a decision of the Sign Board of Adjustment within thirty (30) days of such decision to the Vermont Superior Court. Participation in a proceeding of the Sign Board of Adjustment shall consist of offering, through oral or written testimony, evidence of a statement of concern related to the subject of the hearing. The notice of appeal shall be filed, with fees, to the Superior Court and by mailing a copy to the Sign Administrator. C. An Interested Person includes the following: 1. A person owning title to property abutting the property which is the subject of a decision or act of the Sign Board of Adjustment taken under this ordinance; 2. Any ten (10) voters or property owners as represented by a single spokesperson within the municipality who, by signed petition to the Sign Board of Adjustment, allege that the decision or act, if confirmed, will not be in accord with the criteria of this Ordinance. 3. The Applicant or property owner. D. Notice Requirements: 1. The Sign Administrator shall be responsible for providing written notice not less than fifteen (15) days prior to the date of the public hearing to the owners of all
properties adjoining the property under review by the Sign Board of Adjustment, without regard to any right-of-way. The notification shall include a description of the proposed sign and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation is a prerequisite to the right to make an Appeal. 2. Public Notice for Sign Board of Adjustment hearings shall be given by the Sign Administrator not less than fifteen (15) days prior to the date of the public hearing. The public notice shall consist of the publication of the date, place and purpose of the hearing in a newspaper of general circulation in town and posting of the same information in three or more public places within the municipality. 3. The Applicant shall be responsible for the posting of the same information within view from the public right-of-way most nearly adjacent to the property for which application is made. Section 11. Obtaining a Permit A. Administrative Officer Page 10 The provisions of this ordinance shall be enforced and administered by an Administrative Officer, known as the Sign Administrator, appointed by the Wilmington Selectboard with the approval of the Wilmington Planning Commission. The Sign Administrator shall administer the provisions of this ordinance literally, and shall not have the power to permit any sign which is not in conformity with such provisions. B. Sign Board of Adjustment The Wilmington Selectboard shall appoint a Sign Board of Adjustment. This Board may be composed of the same persons, and serving the same terms, as the Development Review Board for the Wilmington Zoning Ordinance. The Sign Board of Adjustment shall have the duties and powers prescribed by law including but not limited to the following: 1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Sign Administrator in the enforcement of this ordinance and may act to affirm, reverse, or modify in any regard the determination of the Sign Administrator. 2. To authorize upon appeal in specific cases such variance from the terms of this ordinance: a. where owing to special considerations the literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and b. where such hardship is not created by the appellant, and
c. where the variance will not alter the essential character of the neighborhood, and d. so that the relief granted will be the minimum variance from the bylaw and e. where there are unique physical consideration, such as exceptional topography, location of buildings on the lot, sight lines, speed limits and driveway cuts, and the hardship is due to these conditions. 3. In rendering a decision in favor of an appellant under this section, the Sign Board of Adjustment may attach such conditions to such variance as it may consider necessary and appropriate under the circumstances to implement the purposes of the ordinance including but not limited to time limits to act upon the variances. 4. The Sign Board of Adjustment shall issue a written decision within twenty-one (21) days of the close of the appeal hearing. This Appeal process to the Sign Board of Adjustment must be exhausted before an appeal to Superior Court. Any interested person aggrieved by a decision of the Sign Board of Adjustment may appeal that decision to Superior Court. 5. Expiration. If not acted upon, approvals from the Sign Board of Adjustment shall expire after one year from the date of issue. A request for an extension for another year may be granted once by the Sign Administrator if application for the extension is made before the approval expires. Section 12. Enforcement and Penalties A. A violation of this Ordinance shall be a civil matter enforced in accordance with the provisions of 24 VSA Sections 1974a and 1977 et seq. B. A civil penalty of $100.00 may be imposed for the initial violation of this civil ordinance. The penalty for the second offense within that six month period shall be $150.00, and the penalty for each subsequent offense within that six month period shall be $200.00. The waiver fee shall be set at $50.00 for the first offense, $75.00 for the second offense within that six month period, and $100.00 for all subsequent offenses within that six month period. Each day that the violation continues will constitute a separate violation of this ordinance. C. The Town Manager s Assistant shall be the Custodial Official; the Sign Administrator shall be the Issuing Official; and the Town Manager, Town Attorney or the Sign Administrator may be Appearing Officials, in accord with 24 VSA 1977. Section 13. Severability If any provision within this Ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such action shall not affect the validity of the remaining provisions of this Ordinance. Page 11
Section 14. Amendment of Existing Sign Ordinance This Amendment to the Sign Ordinance (most recently amended on September 1, 1999), shall become effective on July 18, 2011. Section 15. Recording This Ordinance shall be delivered to the Town Clerk for recording in the Records of the Municipality within 14 days of adoption. Section 16. Definitions Page 12 Administrative Officer: see Sign Administrator. Appearing Official: Officials who may represent the municipality in the Judicial Bureau when municipal complaints are heard. Appeal: An application to a higher authority where it is alleged that an error or mistake has occurred in an order, requirement, decision, or determination made by the Sign Administrator or the Sign Board of Adjustment. Variances are a type of Appeal. Banner: A type of Temporary Wall Sign of lightweight fabric or other material bearing words, graphics or colors designed to draw attention. Vinyl fabric is allowed for Banners. Building Frontage: The length of the building measured along the side nearest to the street. No building shall have more than one front. Business: Any corporation, industry, sole proprietorship or entity engaged in the practice of making money, usually by producing goods or services. Common Carrier: A person undertaking to transport for compensation persons, goods or messages. Custodial Official: The individual in the municipality who is the designated custodian of the municipality s complaint books and distributes them to the authorized Issuing Officials. Fluorescent: Using bright or glowing colors. Graphics: The pictorial information displayed on a sign, including logos, designs or other visual representations. Grandfathered Sign: see Non-conforming Sign
Internal Illumination: Any sign where light shines through a transparent or semitransparent sign face to illuminate the sign s message. Neon and LED illumination are considered to be forms of internal illumination. Page 13 Interested Person: See Section 10.C. Issuing Official: The person(s) authorized to issue municipal complaints on behalf of the municipality. Must: The word "must" is mandatory, not directory. Non-conforming Sign: a sign that does not conform to the requirements and standards of the Sign Ordinance. See also Pre-existing Non-conforming Sign. Person: An individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. Premises: A piece of land or real estate including the buildings thereon. Pre-existing nonconforming (grandfathered) Sign: Any lawful sign existing as of the effective date of the adoption of the Ordinance and which could not be displayed under the terms of this ordinance or any sign for which a permit was issued, which is existing as of the effective date of any amendment to this Ordinance, provided that the business has not been abandoned or discontinued for more than ninety (90) consecutive days. Property Line: The line dividing two pieces of property, not including the line dividing a piece of property and a public road. Public Road: For the purposes of this ordinance, a public road is a thoroughfare, road, driveway servicing more than two dwellings, highway or public way, whether or not maintained or owned by the State, Town or other municipal corporation: "Road" shall mean the entire width of the right-of-way. Where no width is defined, right-of-way shall be considered to be twenty-five (25) feet from the centerline on each side. Shall: The word "shall" is mandatory, not directory. Sidewalk: Sidewalk means a walk or path for pedestrians at the side of and within the right-of-way of a public road, which road is owned or maintained by the State of Vermont or the Town of Wilmington. Where the width of the sidewalk is not clearly established by paving or curbing, it shall be deemed to be two (2) feet on each side of the apparent centerline of the walk. Sign: Sign means any structure, display, device or representation, either temporary or permanent, which is designed or used to advertise or call attention to or direct persons to any business, association, profession, commodity, product, institution, service,
entertainment, person, place, thing or activity of any kind whatsoever, and is intended to be visible from a public road. Sign, A-frame (or Sandwich board): Any portable sign or sign structure not securely attached to the ground or to any other structure. Sign, Awning: A type of Wall Sign that is part of or attached to an awning, canopy, other fabric, or other structural protective cover over a door, entrance, window or other outdoor service area. Sign, Directional: Any sign, such as Enter and Exit signs, to direct the public within the property. Sign, Flag: A type of projecting sign consisting of a piece of cloth or other flexible material, usually rectangular, used as a symbol, standard, signal, or emblem. Sign, Freestanding: See Sign, Pole. Sign, Open: Any sign or flag indicating that a business is open. Sign, Plaza: A special type of Freestanding or Pole Sign that displays signs for multiple businesses. Sign, Pole (or freestanding): Any sign supported by structures or supports in or upon the ground and independent of support from any building. Sign, Projecting (or Perpendicular): Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall. Sign, Subdivision: A temporary sign used to indicate the name of the subdivision under development. Sign, Temporary: Signs no larger than six (6) square feet, which are posted for no more than three weeks (or 21 days) within a six month period. Sign, Three-dimensional: A special type of two-sided sign, whether freestanding or projecting. This sign type allows for incorporating three-dimensional objects. Sign, Umbrella: A special type of sign written on an umbrella used to shade outdoor tables. Sign, Wall (or Building): Any sign painted on, attached to, erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and displaying only one advertising surface. Page 14