Unless otherwise specifically provided, or unless clearly required
by the context, the words and phrases defined in this section shall
have the meaning indicated when used in this article.
An off-premises sign owned by a person, corporation, or other
entity that engages in the business of selling the advertising space
on that sign.
The effective date of this article as originally adopted,
or the effective date of an amendment to it if the amendment makes
a sign nonconforming.
A sign that is attached to, erected on, or supported by some
structure (such as a pole, mast, frame, or other structure) that is
not itself an integral part of or attached to a building or other
structure whose principal function is something other than the support
of a sign. A sign that stands without supporting elements, such as
a sandwich sign, is also a freestanding sign. If the message is removed
from a structure that was originally designed and used as a freestanding
sign, this structure shall still be considered a sign.
Signs where the source of the illumination is inside the
sign and light emanates through the message of the sign, rather than
being reflected off the surface of the sign from an external source.
Without limiting the generality of the foregoing, signs that consist
of or contain tubes that:
Are filled with neon or some other gas that glows when an electric
current passes through it; and
Are intended to form or constitute all or part of the message
of the sign, rather than merely providing illumination to other parts
of the sign that contain the message, shall also be considered internally
illuminated signs.
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be an off-premises sign unless such sign is excluded from regulation under § 440-1602 or is subject to regulation under § 440-1603.
A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction, or
other enterprise or activity that exists or is conducted, sold, offered,
maintained, or provided on the premises where the sign is located.
Any device that:
A sign that is used in connection with a circumstance, situation,
or event that is designed, intended, or expected to take place or
to be completed within a reasonably short or definite period after
the erection of such sign; or is intended to remain on the location
where it is erected or placed for a period of not more than 15 days.
If a sign display area is permanent but the message displayed is subject
to periodic changes, that sign shall not be regarded as temporary.
A.
Except as otherwise provided in §§ 440-1602 and 440-1603, no sign may be constructed, erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this section. Mere repainting or changing the message of a sign shall not, in and of itself, be considered a substantial alteration.
B.
Signs not exempted under the provisions referenced in Subsection A may be constructed, erected, moved, enlarged, illuminated or substantially altered only in accordance with a sign permit issued by the Zoning Administrator.
(1)
Sign permit applications and sign permits shall be governed
by the same provisions of this chapter applicable to zoning permits.
(2)
In the case of a lot occupied or intended to be occupied by
multiple business enterprises (e.g., a shopping center), sign permits
shall be issued in the name of the lot owner or his agent rather than
in the name of the individual business enterprise requesting a particular
sign. The Town may assist the owner by suggesting a formula whereby
the maximum square footage of sign area allowed on the lot may be
allocated equitably among all tenants, but the Town shall be responsible
for enforcing only the provisions of this chapter and not the provisions
of any allocation formula, lease, or other private restriction.
The following signs are exempt from regulation under this chapter except for those stated in § 440-1612B through E:
A.
Signs not exceeding three square feet in area that are customarily
associated with residential use and that are not of a commercial nature,
such as:
B.
Signs erected by or on behalf of or pursuant to the authorization
of a governmental body, including legal notices, identification and
informational signs, and traffic, directional, or regulatory signs.
C.
Official signs of a noncommercial nature erected by public utilities.
D.
Flags, pennants, or insignia of any governmental or nonprofit organization
when not displayed in connection with a commercial promotion or as
an advertising device.
E.
Integral decorative or architectural features of buildings or works
of art, so long as such features or works do not contain letters,
trademarks, moving parts, or lights.
F.
Signs directing and guiding traffic on private property that do not
exceed four square feet each and that bear no advertising matter.
G.
Church bulletin boards, church identification signs, and church directional
signs that do not exceed one per abutting street and 16 square feet
in area and that are not internally illuminated.
H.
Signs painted on or otherwise permanently attached to currently licensed
motor vehicles that are not primarily used as signs.
I.
Signs proclaiming religious, political, or other noncommercial messages [other than those regulated by § 440-1603A(5)] that do not exceed one per abutting street and 16 square feet in area and that are not internally illuminated.
A.
The following temporary signs are permitted without a permit. However,
such signs shall conform to the requirements set forth below as well
as all other applicable requirements of this chapter:
(1)
Signs containing the message that the real estate on which the
sign is located (including buildings) is for sale, lease, or rent,
together with information identifying the owner or agent. Such signs
may not exceed four square feet in area and shall be removed immediately
after sale, lease, or rental. A single sign on each street frontage
may be erected, except that for lots of five acres or more in area
and having a street frontage in excess of 400 feet, a second sign
not exceeding four square feet in area may be erected.
(2)
Construction site identification signs. Such signs may identify
the project, the owner or developer, architect, engineer, contractor
and subcontractors, funding sources, and may contain related information,
including but not limited to sale or leasing information. Not more
than one such sign may be erected per site, and it may not exceed
32 square feet in area. Such signs shall not be erected prior to the
issuance of a building permit and shall be removed within 10 days
of the issuance of the final occupancy permit.
(3)
Signs attached temporarily to the interior of a building window
or glass door. Such signs, individually or collectively, may not cover
more than 25% of the surface area of the transparent portion of the
window or door to which they are attached. Such signs shall be removed
within 30 days after placement.
(4)
Displays, including lighting, erected in connection with the
observance of holidays. Such signs shall be removed within 10 days
following the holidays.
(5)
Signs erected in connection with elections or political campaigns.
Such signs shall be removed within three days following the election
or conclusion of the campaign. No such sign may exceed 16 square feet
in surface area.
(6)
Signs indicating that a special event such as a grand opening,
fair, carnival, circus, festival, or similar event is to take place
on the lot where the sign is located. Such signs may be erected not
sooner than two weeks before the event and must be removed not later
than three days after the event.
(7)
Yard/garage sale signs, so long as such signs meet the following
restrictions:
(8)
Temporary signs not covered in the foregoing categories, so
long as such signs meet the following restrictions:
A.
For the purpose of determining the number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related, and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements, each element shall be considered a single sign.
B.
A two-sided or multisided sign shall be regarded as one sign so long
as:
A.
The surface area of a sign shall be computed by including the entire
area within a single, continuous, rectilinear perimeter of not more
than eight straight lines, or a circle or an ellipse, enclosing the
extreme limits of the writing, representation, emblem, or other display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the
backdrop or structure against which it is placed, but not including
any supporting framework or bracing that is clearly incidental to
the display itself.
B.
If the sign consists of more than one section or module, all of the
area, including that between sections or modules, shall be included
in the computation of the sign area.
C.
With respect to two-sided, multisided, or three-dimensional signs,
the sign surface area shall be computed by including the total of
all sides designed to attract attention or communicate information
that can be seen at any one time by a person from one vantage point.
Without otherwise limiting the generality of the foregoing:
(1)
The sign surface area of a double-faced, back-to-back sign shall
be calculated by using the area of only one side of such sign, so
long as the distance between the backs of such signs does not exceed
three feet.
(2)
The sign surface area of a double-faced sign constructed in
the form of a "V" shall be calculated by using the area of only one
side of such sign (the larger side if there is a size difference),
so long as the angle of the "V" does not exceed 30° and at no
point does the distance between the backs of such sides exceed five
feet.
B.
If a lot has frontage on more than one street, then the total sign
surface area permitted on that lot shall be the sum of the sign surface
area allotments related to each street on which the lot has frontage.
However, the total sign surface area that is oriented toward a particular
street may not exceed the portion of the lot's total sign surface
area allocation that is derived from frontage on that street.
C.
Whenever a lot is situated such that it has no street frontage on
any lot boundary and an applicant desires to install on such a lot
a sign that is oriented toward a street, then the total sign surface
area permitted on that lot shall be the sign surface area that would
be allowed if the lot boundary closest to the street toward which
such sign is to be oriented fronted on such street. The applicant
shall be restricted to using only one street and the closest lot boundary
to this street for determining the total permitted sign surface area.
However, the applicant shall be given the opportunity to determine
the one street used in the calculations.
D.
The sign surface area of any sign located on a wall of a structure
may not exceed 50% of the total surface area of the wall on which
the sign is located.
B.
For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area as providing § 440-1605. For example, wall signs typically have one side. Freestanding signs typically have two sides (back to back), although four-sided and other multisided signs are also common. Signage on gas canopies will be computed as part of the allowable freestanding sign surface area.
D.
To encourage the reduction in height of freestanding signs, an increase
of 20% of the sign area permitted in the base zone will be allowed
if a freestanding sign is no more than seven feet in height.
A.
Except as authorized by this section, no development may have more
than one freestanding sign.
B.
If a development is located on a corner lot that has at least 100
feet of frontage on each of the two intersecting public streets, then
the development may have not more than one freestanding sign along
each side of the development bordered by such streets.
C.
If a development is located on a lot that is bordered by two public
streets that do not intersect at the lot's boundaries (double front
lot), then the development may have not more than one freestanding
sign on each side of the development bordered by such streets.
D.
A freestanding sign to be used on a parcel of GC- or TCMX-zoned property
with multiple uses and a name distinct from that of any occupant,
such as a shopping center or industrial park, shall be used only to
identify the center or park and/or a register to identify the multiple
uses. Where such use has over 1,000 feet of total street frontage,
the allowable signage may be divided between two freestanding structures.
At any entrance to a residential subdivision or multifamily
development, there may be not more than two signs identifying such
subdivision or development. A single side of any such sign may not
exceed 16 square feet, nor may the total surface area of all such
signs located at a single entrance exceed 32 square feet.
B.
No sign may extend above any parapet or be placed upon any roof surface,
except that, for purposes of this section, roof surfaces constructed
at an angle of 75° or more from horizontal shall be regarded as
wall space. This subsection shall not apply to displays, including
lighting, erected in connection with the observation of holidays on
the roofs of residential structures.
C.
No sign attached to a building may project more than 12 inches from
the building wall.
D.
No sign or supporting structure may be located in or over the traveled
portion of any public right-of-way unless the sign is attached to
a structural element of a building and an encroachment permit has
been obtained from the Town.
E.
No part of a freestanding sign may exceed a height, measured from
ground level (not including artificial berms), of 15 feet in all other
districts.
F.
No sign shall obstruct a clear view to and from traffic along any
street right-of-way entrance or exit.
A.
Unless otherwise prohibited by this chapter, signs may be illuminated
if such illumination is in accordance with this section.
B.
No sign within 150 feet of a residential zone may be illuminated
between the hours of 12:00 midnight and 6:00 a.m., unless the impact
of such lighting beyond the boundaries of the lot where it is located
is entirely inconsequential.
C.
Lighting directed toward a sign shall be shielded so that it illuminates
only the face of the sign and does not shine directly into a public
right-of-way or residential premises.
D.
Except as herein provided, internally illuminated signs are not permissible
in any residential districts; and where permissible, internally illuminated
freestanding signs may not be illuminated during hours that the business
or enterprise advertised by such sign is not open for business or
in operation. This subsection shall not apply to the following types
of signs:
(1)
Signs that constitute an integral part of a vending machine,
telephone booth, device that indicates the time, date, or weather
conditions, or similar device whose principal function is not to convey
an advertising message.
(2)
Signs that do not exceed two square feet in area and that convey
the message that a business enterprise is open or closed or that a
place of lodging does or does not have a vacancy.
E.
Subject to Subsection G, illuminated tubings or strings of lights that outline property lines, sales areas, rooflines, doors, windows, or similar areas are prohibited unless the lighting is an integral part of the sign design or building design, subject to Zoning Administrator approval.
A.
Except as may be provided in the Table of Permissible Uses,[1] no off-premises signs (except those exempted from regulation or from permit requirements under § 440-1602 or 440-1603) may be located in any district.
[1]
Editor's Note: See the Official Table of Use Regulations by Zoning Districts, included as an attachment to this chapter.
B.
No sign may be located so that it substantially interferes with the
view necessary for motorists to proceed safely through intersections
or to enter onto or exit from public streets or private roads.
C.
Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited if their movement is not a primary design feature of the sign and is not intended to attract attention to the sign. The restriction of this subsection shall not apply to signs specified in § 440-1602D or § 440-1611D.
D.
No sign may be erected so that by its location, color, size, shape,
nature, or message it would tend to obstruct the view of or be confused
with official traffic signs or other signs erected by governmental
agencies.
E.
Freestanding signs shall be securely fastened to the ground or to
some other substantial supportive structure so that there is virtually
no danger that either the sign or the supportive structure may be
moved by the wind or other forces of nature and cause injury to persons
or property.
F.
Where permitted, projecting signs shall not exceed a maximum of four
feet on any side and shall be securely fastened to the building so
that there is virtually no danger that either the sign or the supportive
structure may be moved by the wind or other forces of nature and cause
injury to persons or property.
G.
In addition to the other provisions of this article, all signs in
the Town shall be subject to the following additional design standards:
(1)
Every sign shall have good scale and proportion in its visual
relationship to buildings and surroundings.
(2)
Every sign shall be designed as an integral architectural element
of the building and site to which it principally relates.
(3)
The colors, materials, and lighting of every sign shall be restrained
and harmonious with the building and site to which it principally
relates.
(4)
The number of graphic elements on a sign shall be held to the
minimum needed to convey the sign's major message and shall be composed
in proportion to the sign face.
(5)
Each sign shall be compatible with the signs on adjoining premises
and shall not compete for attention.
(6)
Identification signs of a prototype design and corporation logos
shall conform to the criteria for all other signs.
A.
All signs and all components thereof, including without limitation
supports, braces, and anchors, shall be kept in a state of good repair.
With respect to freestanding signs, components (supporting structures,
backs, etc.) not bearing a message shall be constructed of materials
that blend with the natural environment or shall be painted a neutral
color to blend with the natural environment.
B.
If a sign other than a billboard advertises a business, service,
commodity, accommodation, attraction, or other enterprise or activity
that is no longer operating or being offered or conducted, that sign
shall be considered abandoned and shall, within 30 days of such abandonment,
be removed by the sign owner, owner of the property where the sign
is located, or other party having control over such sign.
C.
If the message portion of a sign is removed, leaving only the supporting shell of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the effect of § 440-1615C, which prohibits the replacement of a nonconforming sign, nor shall this subsection be construed to prevent the changing of the message of a sign.
D.
The area within 10 feet in all directions of any part of a freestanding
sign shall be kept clear of all debris and all undergrowth more than
five inches in height.
No person may, for the purpose of increasing or enhancing the
visibility of any sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation located:
A.
Within the right-of-way of any public street or road, unless the
work is done pursuant to the express written authorization of the
Town or other agency having jurisdiction over the street or road.
B.
On property that is not under the ownership or control of the person
doing or responsible for such work, unless the work is done pursuant
to the express authorization of the person owning the property where
such trees or shrubs are located.
C.
In any area where such trees or shrubs are required to remain under
a permit issued under this chapter.
A.
Subject to the remaining restrictions of this section, nonconforming
signs that were otherwise lawful on the effective date of this article
may be continued.
B.
No person may engage in any activity that causes an increase in the
extent of nonconformity of a nonconforming sign. Without limiting
the generality of the foregoing, no nonconforming sign may be enlarged
or altered in such a manner as to aggravate the nonconforming condition,
nor may illumination be added to any nonconforming sign.
C.
A nonconforming sign may not be moved or replaced except to bring
the sign into complete conformity with this chapter.
D.
If a nonconforming sign is destroyed by natural causes, it may not
thereafter be repaired, reconstructed, or replaced except in conformity
with all the provisions of this chapter, and the remnants of the former
sign structure shall be cleared from the land. For purposes of this
section, a nonconforming sign is "destroyed" if damaged to an extent
that the cost of repairing the sign to its former stature or replacing
it with an equivalent sign equals or exceeds the value (tax value
if listed for tax purposes) of the sign so damaged.
E.
The message of a nonconforming sign may be changed so long as this
does not create any new nonconformities (for example, by creating
an off-premises sign under circumstances where such a sign would not
be allowed).
F.
Subject to the other provisions of this section, nonconforming signs
may be repaired and renovated so long as the cost of such work does
not exceed within any twelve-month period 50% of the value (tax value
if listed for tax purposes) of such sign.
G.
If a nonconforming sign, other than a billboard, advertises a business,
service, commodity, accommodation, attraction, or other enterprise
or activity that is no longer operating or being offered or conducted,
that sign shall be considered abandoned and shall be removed within
30 days of such abandonment by the sign owner, owner of the property
where the sign is located, or other person having control over such
sign.
H.
If a nonconforming billboard remains blank for a continuous period
of 180 days, that billboard shall be deemed abandoned and shall, within
30 days of such abandonment, be altered to comply with this article
or be removed by the sign owner, owner of the property where the sign
is located, or other person having control over such sign. For purposes
of this section, a sign is "blank" if:
(1)
It advertises a business, service, commodity, accommodation,
attraction, or other enterprise or activity that is no longer operating
or being offered or conducted; or
(2)
The advertising message it displays becomes illegible in whole
or substantial part; or
(3)
The advertising copy paid for by a party other than the sign
owner or promoting an interest other than the rental of the sign has
been removed.
I.
As soon as reasonably possible after the effective date of this article,
the Zoning Administrator shall make every reasonable effort to identify
all the nonconforming signs within the Town. He shall then contact
the person responsible for each such sign (as well as the owner of
the property where the nonconforming sign is located, if different
from the former) and inform such person that the sign is nonconforming,
how it is nonconforming, what must be done to correct it and by what
date, and the consequences of failure to make the necessary corrections.
The Administrator shall keep complete records of all correspondence,
communications, and other actions taken with respect to such nonconforming
signs.
Total maximum sign area shall not exceed the lesser of the following:
|
R-1
|
R-2
|
RM
|
TCMX
|
GC
|
Public-Institution
|
OS
| |
|---|---|---|---|---|---|---|---|
|
Maximum number of total square footage
| |||||||
|
Freestanding
|
3
|
3
|
3
|
32
|
50
|
50
|
32
|
|
Building
|
3
|
3
|
3
|
32
|
100
|
100
|
32
|
|
Percentage gross floor area (whichever is less)
| |||||||
|
Freestanding
|
—
|
—
|
—
|
1
|
2
|
2
|
1
|
|
Building
|
—
|
—
|
—
|
2
|
4
|
4
|
2
|
|
Sign Type/District:
|
R-1
|
R-2
|
RM
|
TCMX
|
GC
|
Public-Institution
|
OS
|
|---|---|---|---|---|---|---|---|
|
Freestanding
| |||||||
|
S*
|
S*
|
S*
|
S
|
S
|
S
|
S
| |
|
Building
| |||||||
|
Banner
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Building marker
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Canopy
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Identification
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Marquee
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Projecting
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Residential
|
P
|
P
|
P
|
N/A
|
N/A
|
P
|
N/A
|
|
Roof
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Roof, integral
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Suspended
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Temporary
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Wall
|
N
|
N
|
N
|
S
|
S
|
S
|
S
|
|
Window
|
N
|
N
|
N
|
P
|
P
|
P
|
P
|
|
Miscellaneous
| |||||||
|
Flag
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Portable
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
P = Allowed without sign permit
|
|
S = Allowed only with sign permit
|
|
N = Not Allowed
|
|
* Does not apply to signs described in § 440-1602A
|
