[Ord. No. 2974 §1(Art. 17 §270), 11-2-2004]
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.
BILLBOARD
Any off-premise sign which advertises a product or service.
EFFECTIVE DATE OF THIS ARTICLE
The effective date of this Article as originally adopted or the effective date of an amendment to it if the amendment makes a sign non-conforming.
FREESTANDING SIGN
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 "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.
INTERNALLY ILLUMINATED SIGNS
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:
1. 
Are filled with neon or some other gas that glows when an electric current passes through it; and
2. 
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.
OFF-PREMISES 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 non-commercial message shall also be an off premises sign unless such sign is excluded from regulation under Section 400.845(9) or is subject to regulation under Section 400.848(A)(5).
ON-PREMISES SIGN
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.
SIGN
Any device, except storefront windows, that:
1. 
Is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in Subsection (2) of this definition; and
2. 
Is designed to attract the attention of such persons or to communicate information to them.
TEMPORARY SIGN
A sign that:
1. 
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
2. 
Is intended to remain on the location where it is erected or placed for a period of not more than fifteen (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.
[Ord. No. 2974 §1(Art. 17 §271), 11-2-2004]
A. 
Except as otherwise provided in Sections 400.845 (Signs Excluded from Regulation) and 400.848 (Certain Temporary Signs—Permit Exceptions and Additional Regulations), 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. 
If plans submitted for a zoning permit or conditional use permit include sign plans in sufficient detail that the permit issuing authority can determine whether the proposed sign or signs comply with the provisions of these regulations, then issuance of the requested zoning or conditional use permit shall constitute approval of the proposed sign or signs.
C. 
Signs not approved as provided in Subsection (B) or 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 Administrator.
1. 
Sign permit applications and sign permits shall be governed by the same provisions of these regulations applicable to zoning permits. An approved FAA Form 7460-1 shall be submitted to the City of Sullivan prior to a permit being issued for a billboard.
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/her agent rather than in the name of the individual business enterprise requesting a particular sign. The City 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 City shall be responsible for enforcing only the provisions of these regulations and not the provisions of any allocation formula, lease or other private restriction.
[Ord. No. 2974 §1(Art. 17 §272), 11-2-2004; Ord. No. 3366 §1, 10-20-2009]
A. 
The following signs are exempt from regulation under these regulations except for those stated in Section 400.870(B) through (D).
1. 
Signs not exceeding four (4) square feet in area that are customarily associated with residential use and that are not of a commercial nature, except home occupations such as:
a. 
Signs giving property identification names or numbers or names of occupants or home occupation;
b. 
Signs on mailboxes or newspaper tubes; and
c. 
Signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
2. 
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.
3. 
Official signs of a non-commercial nature erected by public utilities.
4. 
Flags, pennants or insignia of any governmental or non-profit organization when not displayed in connection with a commercial promotion or as an advertising device.
5. 
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. However, signs indicating the name of a building, date and incidental information about its construction and which sign is cut into a masonry surface or made of bronze or other permanent material is to be considered an architectural feature.
6. 
Signs directing and guiding traffic on private property that do not exceed four (4) square feet each and that bear no advertising matter.
7. 
Church bulletin boards, church identification signs and church directional signs that do not exceed one (1) per abutting street and seventy-two (72) square feet in area and do not exceed twelve (12) feet in width or eight (8) feet in height.
8. 
Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.
9. 
Signs proclaiming religious, political or other non-commercial messages (other than those regulated by Section 400.848(A)(5) that do not exceed one (1) per abutting street and sixteen (16) square feet in area and that are not internally illuminated.
[Ord. No. 2974 §1(Art. 17 §273), 11-2-2004]
A. 
The following temporary signs are permitted without a zoning, conditional use or sign permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of these regulations except those contained in Sections 400.855 (Total Sign Surface Area) and 400.860 (Number of Freestanding Signs).
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. In residentially zoned areas, such signs may be double faced and not exceed nine (9) square feet in area per side and shall be removed immediately after sale, lease or rental. For lots of less than five (5) acres, a single sign on each street frontage may be erected. For lots of five (5) acres or more in area and having a street frontage in excess of four hundred (400) feet, a second (2nd) sign not exceeding nine (9) 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 (1) such sign may be erected per entrance and it may not exceed thirty-two (32) square feet in area. Such signs shall not be erected prior to the issuance of a building permit and shall be removed within ten (10) days after 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 seventy-five percent (75%) of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall be removed within thirty (30) days after placement.
4. 
Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within ten (10) days following the holidays.
5. 
Signs erected in connection with elections or political campaigns. Such signs shall be removed within three (3) days following the election or conclusion of the campaign. No such sign may exceed sixteen (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. Such signs may be erected not sooner than two (2) weeks before the event and must be removed not later than three (3) days after the event.
7. 
Temporary signs not covered in the foregoing categories, so long as such signs meet the following restrictions:
a. 
Not more than one (1) such sign may be located on any lot.
b. 
No such sign may exceed nine (9) square feet in surface area.
c. 
Such sign may not be displayed for longer than three (3) consecutive days nor more than ten (10) days out of any three hundred sixty-five (365) day period.
B. 
Other temporary signs not listed in Subsection (A) shall be regarded and treated in all respects as permanent signs, except that (as provided in Section 400.855) temporary signs shall not be included in calculating the total amount of permitted sign area.
[Ord. No. 2974 §1(Art. 17 §274), 11-2-2004]
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. 
Unless otherwise provided by this Article, a two-sided or multi-sided sign shall be regarded as one (1) sign so long as:
1. 
With respect to a V-type sign, the two (2) sides are at no point separated by a distance that exceeds five (5) feet; and
2. 
With respect to double faced (back to back) signs, the distance between the backs of each face of the sign does not exceed three (3) feet.
[Ord. No. 2974 §1(Art. 17 §275), 11-2-2004]
A. 
Unless otherwise provided in this Article:
1. 
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 (8) 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.
2. 
If the sign consists of more than one (1) section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.
3. 
With respect to two-sided, multi-sided 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 (1) time by a person from one (1) vantage point. Without otherwise limiting the generality of the foregoing:
a. 
The sign surface area of a double faced, back to back sign shall be calculated by using the area of only one (1) side of such sign, so long as the distance between the backs of such signs does not exceed three (3) feet.
b. 
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 (1) side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed thirty degrees (30°) and at no point does the distance between the backs of such sides exceed five (5) feet.
[Ord. No. 2974 §1(Art. 17 §276), 11-2-2004; Ord. No. 2993 §1, 3-15-2005]
A. 
Unless otherwise provided in this Article, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this Section and all signs except temporary signs shall be included in this calculation.
B. 
Unless otherwise provided in this Article or in Article XI (Supplementary Use Regulations), the maximum sign surface area permitted on any lot in any residential district (see Section 400.503) is four (4) square feet.
C. 
Subject to the other provisions of this Section, the maximum sign surface area permitted on any lot in a commercial district other than the "C-5" District or manufacturing district shall be determined as follows:
1. 
There may be not more than five-tenths (0.5) square feet of sign surface area per linear foot of lot street frontage up to two hundred (200) feet of frontage.
2. 
There may be up to seventy-five hundredths (0.75) square feet of additional sign surface area per linear foot of lot street frontage in excess of two hundred (200) feet.
D. 
Subject to the other provisions of this Section, the maximum sign surface area on any lot in the "C-5" District or those signs located within six hundred sixty (660) feet of the interstate corridor right-of-way and located in a "C-4" Zoning District shall not exceed fifty percent (50%) of the vertical surface area of the principal building with a fifty percent (50%) maximum wall coverage on any given wall. Freestanding sign area is to be excluded from this calculation.
E. 
If a lot has frontage on more than one (1) 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.
F. 
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 (1) 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 (1) street used in the calculations.
G. 
The sign surface area of any sign located on a wall of a structure may not exceed fifty percent (50%) of the total surface area of the wall on which the sign is located.
[Ord. No. 2974 §1(Art. 17 §277), 11-2-2004; Ord. No. 2993 §1, 3-15-2005]
A. 
For purposes of this Section, with the exception of billboards subject to Section 400.880, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area as provided in Section 400.853. For example, wall signs typically have one (1) side. Freestanding signs typically have two (2) sides (back to back), although four-sided and other multi-sided signs are also common.
B. 
Subject to Subsection (C), a single side of a freestanding sign may not exceed three-tenths (0.3) square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of a freestanding sign exceed fifty (50) square feet in surface area if the lot on which the sign is located has less than two hundred (200) feet of frontage on the street toward which that sign is primarily oriented, seventy-five (75) square feet on lots with two hundred (200) or more but less than four hundred (400) feet of frontage and one hundred (100) square feet on lots with four hundred (400) or more feet of frontage.
C. 
In the "C-5" District, except for billboards subject to Section 400.880, or those signs located within six hundred sixty (660) feet of the interstate corridor right-of-way and located in a "C-4" Zoning District, a single side of a freestanding sign may not exceed seven hundred fifty (750) square feet in surface area and sign maximum of one thousand five hundred (1,500) square feet in surface area.
D. 
With respect to freestanding signs that have no discernible sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed under Subsections (B) or (C) for a single side of a freestanding sign.
[Ord. No. 2974 §1(Art. 17 §278), 11-2-2004]
A. 
Except as authorized by this Section or Section 400.880 or Section 400.848(A)(5), no development may have more than one (1) freestanding sign.
B. 
If a development is located on a corner lot that has at least one hundred (100) feet of frontage on each of the two (2) intersecting public streets, then the development may have not more than one (1) 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 (2) public streets that do not intersect at the lot's boundaries (double front lot), then the development may have not more than one (1) freestanding sign on each side of the development bordered by such streets.
[Ord. No. 2974 §1(Art. 17 §279), 11-2-2004]
At any entrance to a residential subdivision or multi-family development, there may be not more than two (2) signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen (16) square feet, nor may the total surface area of all such signs located at a single entrance exceed thirty-two (32) square feet.
[Ord. No. 2974 §1(Art. 17 §280), 11-2-2004; Ord. No. 2993 §1, 3-15-2005]
A. 
Freestanding signs shall observe the setback requirements set forth in Section 400.625.
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 seventy-five degrees (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 surface-mounted sign attached to a building may project more than twelve (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 City.
E. 
Except as provided in Section 400.880, no part of a freestanding sign may exceed a height, measured from ground level, of one hundred (100) feet in the "C-5"; thirty-two (32) feet in the "C-4", except those signs located within six hundred sixty (660) feet of the interstate corridor right-of-way and located in a "C-4" Zoning District may be one hundred (100) feet, "M-1" and "M-2" Districts and fifteen (15) feet in all other districts.
F. 
No sign shall exceed a height which will interfere with the operation or expansion of the Sullivan Regional Airport.
[Ord. No. 2974 §1(Art. 17 §281), 11-2-2004]
When any such sign is illuminated, the light or lights shall be shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property located in any residential district, illumination of such signs shall not be flashed and no sign simulating movement shall be permitted.
[Ord. No. 2974 §1(Art. 17 §282), 11-2-2004]
A. 
As provided in the Table of Permissible Uses (use classification 27.000), no off-premises signs (except those exempted from regulation or from permit requirements under Sections 400.845 or 400.848) may be located in any district other than a "C-5", "M-1" or "M-2" District.
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. 
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.
D. 
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.
[Ord. No. 2974 §1(Art. 17 §283), 11-2-2004]
A. 
All signs and all components thereof, including, without limitation, supports, braces and anchors, shall be kept in a state of good repair.
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 thirty (30) days after 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 thirty (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, except the supporting structure. This Subsection shall not be construed to alter the effect of Section 400.878(C) which prohibits the replacement of a non-conforming sign. Nor shall this Subsection be construed to prevent the changing of the message of a sign.
D. 
The area within ten (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 (5) inches in height.
[Ord. No. 2974 §1(Art. 17 §284), 11-2-2004]
A. 
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:
1. 
Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the appropriate agency responsible for public road maintenance;
2. 
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;
3. 
In any area where such trees or shrubs are required to remain under a permit issued under this Chapter.
[Ord. No. 2974 §1(Art. 17 §285), 11-2-2004]
A. 
Subject to the remaining restrictions of this Section, non-conforming signs that were otherwise lawful on the effective date of this Article may be continued subject to the following Subsections.
B. 
No person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming sign. Without limiting the generality of the foregoing, no non-conforming sign may be enlarged or altered in such a manner as to aggravate the non-conforming condition. Nor may illumination be added to any non-conforming sign.
C. 
A non-conforming sign may not be moved or replaced except to bring the sign into complete conformity with these regulations.
D. 
If a non-conforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of these regulations and the remnants of the former sign structure shall be cleared from the land. For purposes of this Section, a non-conforming 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 fifty percent (50%) of the value (tax Assessor's appraised value if listed for tax purposes) of the sign so damaged.
E. 
The message of a non-conforming sign may be changed so long as this does not create any new non-conformities (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, non-conforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve (12) month period fifty percent (50%) of the value (tax Assessor's appraised value if listed for tax purposes) of such sign.
G. 
If a non-conforming 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 thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control over such sign.
H. 
If a non-conforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after 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; or
4. 
The advertising message is to advertise its availability by the sign's owner.
I. 
As soon as reasonably possible after the effective date of these regulations, the Administrator shall make every reasonable effort to identify all the non-conforming signs within the City's planning jurisdiction. He/she shall then contact the person responsible for each such sign (as well as the owner of the property where the non-conforming sign is located, if different from the former) and inform such person:
1. 
That the sign is non-conforming;
2. 
How it is non-conforming;
3. 
What must be done to correct it and by what date; and
4. 
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 non-conforming signs.
[Ord. No. 2974 §1(Art. 17 §286), 11-2-2004]
A. 
Billboards are off-premise signs which typically are freestanding signs while freestanding signs are not all billboards. When the term freestanding sign is used throughout this Article, the provisions of this Section shall supersede any provisions which may appear to be in conflict.
B. 
Subject to the provisions of Section 400.530, billboards shall be allowed within six hundred sixty (660) feet of the nearest edge of the right-of-way of any interstate highway, subject to the following regulations:
1. 
Billboards shall be oriented toward traffic on the interstate.
2. 
No billboard along any interstate shall be erected closer than seven hundred (700) feet from another billboard.
3. 
No billboard shall be erected closer than one hundred (100) feet from any residentially zoned area or any equivalent County zoning.
4. 
No billboard shall be erected within five hundred (500) feet of an interstate interchange or intersection at grade. Such five hundred (500) feet shall be measured from the beginning or ending of the pavement widening at the exit or entrance to the main traveled way.
5. 
The maximum height of a billboard along any interstate shall be sixty-five (65) feet and the billboard shall be erected with a minimum clearance of twenty (20) feet from grade.
6. 
The maximum surface area of a billboard along any interstate shall be four hundred (400) square feet.
7. 
Billboards shall have only one (1) sign surface area except that billboards may have two (2) sign surface areas if the surface areas are oriented in opposite directions.
[1]
Editor's Note — Ord. no. 3175 §1, adopted August 21, 2007, repealed section 400.883 "amortization of non-conforming signs" in its entirety. Former section 400.883 derived from ord. no. 2974 §1(art. 17 §288), 11-2-04.