[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.