Afton City Zoning Code

SIGNS

§ 153.130 SIGNS.

(A) Purpose. The purpose of this subchapter is to protect and retain the natural scenic beauty of the roadsides throughout the city. By the construction of public roads, the public has created views to which the public retains a right-of-way view, and it is the intent of these standards to prevent the taking of that right.

(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SIGN. A notice that directs attention to a product, place, activity, person, institution, organization or business for public view.

SIGN, ADVERTISING. A sign that directs attention to a business or profession or to a commodity, service or entertainment.

SIGN, AREA. The entire area within a continuous perimeter enclosing the extreme limits of the sign. However, the perimeter shall not include any structural elements lying outside of the sign and not forming an integral part or border of the sign.

SIGN, BANNER. Any sign made of flexible material hung up on a crossbar or between two points of any permanent structure or poles advertising an event such as a grand opening, special sale or similar situation.

SIGN, BILLBOARD. An outdoor panel for the display of large advertisements in public places, such as alongside highways, roads and streets.

SIGN, BUSINESS. A sign that directs attention to a business or profession or to the commodity, service or entertainment sold or offered upon the premises where the sign is located or to which it is attached.

SIGN, DISPLAY. Any commodity that is sold or produced by the occupant which is exhibited outside the premises for the purpose of bringing to the attention of others, those items currently for sale within the premises.

SIGN, FLASHING. An illuminated sign which has a light source not constant in intensity or color at all times while the sign is in use.

SIGN, GROUND. A sign which is supported by one or more uprights, poles or braces in or upon the ground.

SIGN, ILLUMINATED. A sign which is lighted with an artificial light source, that meets government mandated regulations and is appropriate to the application of a building’s historic period.

SIGN, MOTION. A sign that has moving parts.

SIGN, NAMEPLATE. A sign which states the address of a property, or in the case of a business or industrial property, the name and/or address of the business or industrial occupant.

SIGN, OFF-PREMISES DIRECTIONAL. A sign for public or non-profit organizations, including religious organizations, that is located distant from a building or activity area, and may or may not be located on the same parcel as the building or activity area.

SIGN, PORTABLE. An unlighted sign not affixed to the ground or building and easily carried or moved.

SIGN, REAL ESTATE. A sign offering property (land and/or buildings) for sale, lease or rent and located on the property being offered.

SIGN, ROOF. A sign erected upon or above a roof or parapet of a building.

SIGN, STRUCTURE. The supports, uprights, braces and framework of the sign.

SIGN, TEMPORARY. Any sign, except a banner sign, placed in a manner as not to be solidly affixed to any building, structure or land and advertising an event such as a bazaar, special sale, sporting event, or similar situation.

SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed face of the sign parallel to the wall.

SIGN, WARNING. A sign which warns the public of a danger or hazard in the immediate vicinity and is obviously not intended for advertising purposes.

(1) Except as otherwise provided in this subchapter, no sign shall be erected, constructed, altered, rebuilt or relocated until a conditional use permit or sign permit for the sign has been issued according to the sign permit chart in § 153.133 of this code.

(2) No permit shall be required under this section for the following signs:

(a) Real estate sale signs nine square feet or less;

(b) Political signs;

(d) Public notices defined as notices placed or authorized by the city which are located on private property with permission of the landowner, or on public property or right-of-way; and

(e) Nameplate signs two square feet in area or less.

(D) Exceptions.

(1) The regulations contained in this subchapter do not apply to signs attached by adhesive or otherwise attached to or visible through windows and glass portions of doors.

(2) On-premises signs for churches or other places of worship shall be permitted by conditional use permit. The total surface area of all on-premises signs for churches or other places of worship shall not exceed 100 square feet. The top of the signs including supporting structure shall not exceed 14 feet above the average grade. The width of the signs shall not exceed 16 feet. The maximum surface area for any sign shall not one-tenth square feet per foot of road frontage. The signs may be illuminated as restricted in §§ 153.130 and 153.132 of this code.

(E) General prohibitions.

(1) No sign shall be allowed that prevents ingress or egress from any door, window or fire escape; that tends to accumulate debris as a fire hazard; or that is attached to a standpipe or fire escape or in any other way constitutes a hazard to health, safety or general welfare of the public.

(2) Signs shall not be painted directly on the outside wall of a building except by a sign permit. Signs shall not be placed or mounted on a fence, tree, stone or other natural growth nor on any utility pole or structure.

(3) Roof signs are prohibited in all zoning districts.

(4) Signs on benches, newsstands, car stands, bus stop shelters and similar places shall be prohibited.

(5) No sign shall contain any indecent or offensive picture or written matter.

(6) Signs flashing shall be prohibited.

(7) Neon and fluorescent signs are not allowed except for interior use.

(F) Sign design, construction and maintenance.

(1) Required marking on signs. Every sign for which a permit is required shall have painted in a conspicuous place thereon in letters not less than one inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

(2) Projecting signs. Signs shall in no case project from a building or structure to any point closer than two feet of a line drawn perpendicularly upward from the curb line. No projecting sign shall be less than nine feet above the sidewalk or the ground level. All projecting signs for which a permit is required shall be constructed entirely of fire-resistant material.

(3) Ground signs.

(a) No ground sign for which a permit is required shall be erected to a height of more than 12 feet above the ground, unless the face is constructed of sheet metal or other noncombustible facing materials.

(b) The bottom of the facing of every ground sign shall be a minimum of one foot and a maximum of three feet above the ground, which space may be filled with landscaping, platform or decorative trim of light wood or metal construction.

(c) The soil used for the dug-in type of anchor or post support shall be carefully placed and thoroughly compacted. The anchors and supports shall penetrate to a depth below ground level of 42 inches.

(4) Multi-faced signs. Multi-faced signs shall not exceed two times the allowed square footage of single faced signs, except for billboard signs which shall be limited to single facing.

(5) Wall signs. Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to the same by means of metal anchors, bolts or expansion screws of not less than three-eighths inch in diameter which shall be embedded at least five inches. No wooden blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall.

(6) Sign maintenance. The owner of any sign shall be required to have the sign properly painted at least once every two years, if needed, including all parts and supports of the sign, unless the parts or supports are galvanized or otherwise treated to prevent rust or decay. The owner or lessee of any sign, or the owner of the land on which the sign is located shall keep the grass, weeds or other growth cut and the area free from refuse between the sign and the street and also for a distance of six feet all around the sign.

(7) Unsafe or dangerous signs. Any sign which becomes structurally unsafe, in disrepair, abandoned or endangers the safety of a building or premises shall be taken down and removed or structurally improved by the owner, agent or person having the beneficial use of the building, structure or land upon which the sign is located within ten days after written notification from the Zoning Administrator.

(8) Obsolete signs. Any sign for which no permit has been issued or business has ceased to function shall be taken down and removed by the owner, agent or person having the beneficial use of the building, or land upon which the sign may be found within 30 days after written notice from the Zoning Administrator.

(Prior Code, § 12-210) (Ord. 01-2014, passed 5-20-2014) Penalty, see § 153.999

Cross-reference:

Signs in heritage preservation areas, see § 161.56

Street signs, see § 160.084

§ 153.131 REGULATIONS BY ZONING DISTRICTS.

(A) Required signs. In all zoning districts, one nameplate sign shall be required per building, except accessory structures and residential buildings which shall be required only to display the street address or property number.

(B) Signs by conditional use permit. Where a use is permitted in a zoning district by conditional use permit, the sign for that use shall require a conditional use permit unless the sign is otherwise provided for in this subchapter.

(C) A, AP and MS Zoning Districts. No sign shall be permitted in an A, AP or MS Zoning District except the following signs if authorized by a permit or as provided in this subchapter.

(1) Banner, business, nameplate, political, portable, real estate sales, religious organization, temporary, wall and warning signs are allowed.

(2) No sign shall be so constructed as to have more than two surfaces.

(3) One of each of the permitted type signs, except temporary signs where two shall be permitted and political signs where one for each candidate, shall be permitted per lot frontage.

(4) The size of sign may be no more than a total of 32 square feet, with an eight-foot maximum for any dimension except as otherwise provided in § 153.130(D)(2) of this code.

(5) The top of the sign and supporting structure shall not exceed ten feet above grade except as otherwise provided in § 153.130(D)(2) of this code.

(6) Any sign over two square feet shall be setback at least ten feet from any lot line or right-of-way.

(D) RR Zoning District.

(1) Gateway, nameplate, political, portable, real estate sales, religious organization, temporary, wall and warning signs are allowed.

(2) No sign shall be so constructed as to have more than two surfaces.

(3) The number of each type of sign allowed per lot frontage is one of each of the permitted type signs, except temporary signs where two shall be permitted and political signs where one for each candidate shall be permitted.

(4) The size of signs may be not more than a total of 16 square feet with a four-foot maximum for any dimension except as otherwise provided in this section. The total surface area for all signs shall not exceed 32 square feet per lot except as otherwise provided in § 153.130(D)(2) of this code.

(5) The top of the sign shall not exceed eight feet above grade except as otherwise provided in § 153.130(D)(2) of this code.

(6) The number and size of a gateway sign is exempted from this section of the code and is instead regulated in § 153.132(F).

(7) All signs shall be setback at least ten feet from any lot line or right-of-way.

(E) VHS-R and VHS-C Zoning Districts.

(1) All applications for a sign permit shall be reviewed by the Design Review/Heritage Preservation Commission.

(2) The types of signs allowed are banner (VHS-C only), business (VHS-C only), illuminated (VHS-C only), nameplate, political, portable, real estate sales, religious organization, temporary, wall and warning.

(3) The number of each type of sign allowed per lot frontage, is one real estate sales sign, two temporary signs, one nameplate sign, one political sign for each candidate and one business sign or one sign for a church or other place of worship.

(4) The size of signs permitted is as follows.

(a) Each real estate sales sign, temporary sign and political sign shall not exceed 16 square feet in area.

(b) Total area of permanent business signs shall not exceed 16 square feet.

(d) In addition to the total sign area of 16 square feet, one eight-inch by ten-inch sign may be posted on the outside of the principal structure.

(e) The total surface area of all on-premises signs for churches or other places of worship shall not exceed 100 square feet. The top of the signs and supporting structures shall not exceed 14 feet above the average grade. The width of the signs shall not exceed 16 feet. The maximum square feet for any sign shall not exceed one-tenth square feet per foot of frontage.

(5) The top of the sign shall not exceed 14 feet above the average grade.

(6) In no case shall any part of a sign be closer than two feet to a vertical line drawn at the property line.

(F) Industrial (I) Zoning Districts.

(1) The type of signs allowed are advertising, banner, business, illuminated, nameplate, political, portable, real estate sales, religious organization, temporary, wall and warning.

(2) The number of each type of sign allowed per lot frontage is one of each of the permitted type signs, except temporary where two shall be permitted and political where one for each candidate shall be permitted.

(3) No business sign shall exceed 100 square feet in area or face a Residential Zoning District. No other sign shall exceed 35 square feet in area, except a billboard sign.

(4) The top of the sign shall not exceed 20 feet above the average grade.

(5) Any sign over ten square feet, with the exception of a billboard sign, shall be set back at least ten feet from any lot line or right-of-way. All signs shall be set back at least 50 feet from any Residential or Agricultural Zoning District.

(Prior Code, § 12-211) (Ord. 1997-19, passed 7-15-1997; Ord. 09-2006, passed 9-13-2006; Ord. 01-2014, passed 5-20-2014)

§ 153.132 REGULATIONS BY SIGN TYPE.

(A) Banner signs.

(1) Banner signs shall conform to the provisions of this subchapter just as permanently affixed signs.

(2) Banners shall not exceed 30 square feet.

(3) In no event shall banner signs be placed on any lot or parcel of land for a period to exceed 30 days out of any 12-month period.

(B) Billboard signs.

(1) No billboard sign may face a Residential District causing it to obscure the residents’ view.

(2) There shall be no more than one advertisement on the face of the billboard sign. The sign may not be multi-faced.

(3) Any billboard sign is limited to one side and the advertising area on that one side is not to exceed 160 square feet.

(4) The sign structure, including border, trim and apron, is not to exceed 20 feet overall height. The bottom of the sign is to be no more than eight feet from the ground.

(5) The sign area is not to exceed eight feet by 20 feet (160 square feet). The structure, including the border, trim and apron is not to exceed ten and one-half feet by 22 feet (231 square feet.)

(6) Any off-site billboard sign is to be a minimum of 3,000 feet from any other billboard, business or nameplate sign.

(7) The setback shall be 150 feet from any public road right-of-way, 100 feet from any building, a minimum of 500 feet from the intersection of any public road.

(8) Billboard signs are permitted only in the Industrial Zoning District.

(1) Construction signs not exceeding 32 square feet in area shall be allowed in all zoning districts during construction.

(2) These signs shall be removed when the project is substantially completed.

(D) Displays.

(1) A sign permit is required for all displays.

(2) Displays shall not contain any light, sign, audio advertising or other device which would otherwise not be permitted under this subchapter.

(3) Permanent displays shall not be permitted.

(4) No display shall be allowed that prevents ingress or egress from any door, window or fire escape; that tends to accumulate debris as a fire hazard; or that is attached to a standpipe, fire escape or in any other way constitutes a hazard to the health, safety or general welfare of the public.

(5) Displays cannot reduce the number of required parking spaces established by the current parking ordinance. Displays cannot be located within the public right-of-way of any street or way or other public right-of-way or placed so as to interfere with pedestrian traffic.

(6) Roof displays are not allowed.

(7) Displays cannot be located outside a ten-foot radius from the building or structure. In no case shall displays be closer than ten feet from any property line or right-of-way. All displays must be located on the same parcel on which the business is located.

(8) No display shall be permitted which by reason of content, location, shape or overall impression interfere with or serve as a traffic hazard or disturbance to surrounding properties.

(9) The top of the display shall not exceed eight feet above the average grade.

(10) Exceptions may be granted to permit displays for preexisting nonconforming uses if it is determined that no intensification or expansion of the nonconforming use would occur if the permit were granted.

(E) Electrical signs. No electrically illuminated sign shall be permitted in a Residential or Agricultural Zoning District except as otherwise provided in § 153.130(D)(2) of this code.

(1) Illuminated signs may be permitted, but flashing signs or digitally animated signs, shall be prohibited. Signs giving off intermittent, rotating or direction lights and neon are prohibited.

(2) Illuminated signs shall be diffused or indirect so as not to direct rays of light into adjacent property or onto any public street or way.

(3) No illuminated signs or their support structures shall be located closer than 25 feet to the roadway surface or closer than ten feet to a street right-of-way line or property line, notwithstanding more restrictive portions of this section, except as otherwise provided in § 153.131(E).

(F) Gateway signs. The city may consider proposals to construct city gateway signage that serve the purpose of welcoming persons to the city and directing them to various business areas. Approval or denial of the proposals shall be at the discretion of the City Council. The following performance standards shall be adhered to and utilized in the city’s consideration of a proposal.

(1) The sign is to be constructed on city and/or county owned property and/or right-of-way and may be owned and maintained by the city and/or county.

(2) The sign shall function as a “gateway” feature for the city. The design of the sign must include a visible reference to the city and exude a feeling of welcome.

(3) The sign shall be a monument sign, which is a type or style of a ground sign that is characterized by a block-type structure, not supported or elevated above ground by poles or braces.

(4) The sign area shall not exceed 100 square feet.

(5) The sign shall not exceed 12 feet in height.

(6) The sign shall be finished in high-quality finish materials.

(7) The signage design shall be reviewed and commented on by the Design Review/Heritage Preservation Commission if the sign is located within the VHS District.

(G) Nameplate signs.

(1) Nameplate signs shall be surface-mounted on the wall of the building of the property.

(2) Nameplate signs shall be no more than six square feet in area.

(H) Off-premises directional signs for public and non-profit organizations, including religious organizations.

(1) Signs for public and non-profit organizations, including religious organizations are permitted.

(2) Signs advertising commercial businesses are prohibited.

(3) Each sign shall not exceed 20 inches by 30 inches. Signs shall be erected on a single steel post.

(4) The setback required for public and non-profit organizations, including religious organization signs in Agricultural, Industrial and Rural Residential Districts, is ten feet from property line or right-of-way; in VHS Districts, two feet from property line.

(5) The number of signs allowed for public or non-profit organizations, including religious organizations, shall be determined through the sign permit process.

(6) A sign permit is required.

(I) Political signs.

(1) Political signs are allowed in any zoning district, on private property, with the consent of the owner of the property.

(2) Political signs must be removed within seven days following the date of the election or elections to which they apply.

(J) Portable sign. A portable sign shall only give the name and nature of the business and hours of operation.

(1) There shall be no more than one portable sign per business.

(2) Portable signs shall not be larger than 36 inches by 48 inches (12 square feet) of display space on each side with a total height of no more than four feet. The size of a portable sign shall not be included in the total square footage allowed on other permitted signs.

(3) A sign permit shall be required for all portable signs. In the VHS District, approval by the Design Review/Heritage Preservation Commission is also required for portable signs.

(4) All portable signs shall be located on the same parcel on which the business is located. The sign shall not be located in the road right-of-way or placed so as to interfere with pedestrian traffic.

(5) Portable signs and mobile signs on wheels shall be in place only during the hours the business is open.

(6) Portable signs and mobile signs on wheels must be secured so as to not create a public safety hazard by acts of nature or movement by vandals.

(7) Inflatable signs are not permitted.

(K) Private signs. Private signs, other than public utility warning signs, are prohibited within the public right-of-way of any street or way or other public right-of-way.

(L) Real estate signs.

(1) Real estate sales signs may be placed in any yard providing the signs are not closer than ten feet to any property line.

(2) Real estate development project sales signs may be erected for the purpose of selling or promoting a single-family residential project of five or more dwelling units provided:

(a) These signs shall not exceed 32 square feet in area and shall require a sign permit;

(b) Only one sign shall be erected on each road frontage with a maximum of two signs per project;

(c) These signs shall be removed when the project is 80% completed or within six months or when sold or leased, whichever comes first; and

(d) These signs shall not be located closer than 100 feet to any existing residence.

(M) Temporary signs.

(1) Signs for non-profit organizations, city sponsored events, fairs and the like are permitted.

(2) Signs advertising businesses are prohibited.

(3) The maximum size of temporary signs is 12 square feet of total advertising area.

(4) The sign structure is not to exceed five feet.

(5) The setback required for temporary signs in Agricultural and Rural Residential Districts is ten feet from property line or right-of-way; in VHS Districts, two feet from property line.

(6) No more than two temporary signs are allowed per parcel.

(7) A temporary sign permit is required.

(8) In no event, however, shall the sign be placed on any lot or parcel of land for a period to exceed 30 days out of any 12-month period.

(N) Traffic signs.

(1) No sign may be erected that, by reason of position, shape, movement, color or any other characteristic, interferes with the proper functioning of a traffic sign or signal or otherwise constitutes a traffic hazard; nor shall signs be permitted which would otherwise interfere with traffic control.

(2) No sign shall be permitted which by reason of advertising content, location, shape or overall impression may be expected to be confused with, obscure or interfere with any official traffic sign or device or otherwise serve as a traffic hazard.

(3) Private traffic circulation sign and traffic warning signs in alleys, parking lots or in other hazardous situations may be allowed on private property, provided that the signs do not exceed three square feet and are used exclusively for traffic control purposes.

(Prior Code, § 12-211.5) (Ord. 09-2006, passed 9-13-2006; Ord. 01-2014, passed 5-20-2014) Penalty, see § 153.999

§ 153.133 SIGN PERMIT CHART.

Key:
CC	Required City Council review and approval
CUP	Conditional use permit (issued by Zoning Administrator)
N	Not allowed
P	Permitted use
SP	Sign permit (issued by Zoning Administrator
Zoning District Abbreviations
A	Agricultural Zoning District
AP	Ag. Preserve, which is an overlay of the Agricultural Zoning District
I	Industrial Zoning District
MS	Marine Services Zoning District
RR	Rural Residential Zoning District
VHS-C	Village Historic Site: Commercial Zoning District
VHS-R	Village Historic Site: Residential Zoning District

Zoning District	MS, A or AP	RR	VHS-R	VHS- C	I
Advertising/billboard sign	N	N	N	N	CUP
Banner sign	SP	N	N	SP	SP
Churches and other places of worship, on-premises signs	CUP	N	CUP	P	P
Displays	CUP	CUP	CUP	CUP	N
Flashing sign	N	N	N	N	N
Gateway sign	CC	CC	CC	CC	CC
Illuminated sign	N	N	CUP	CUP	P
Motion sign	N	N	N	N	N
Nameplate sign	P	P	N	SP	P
Off-premises directional signs (non-profit and religious)	SP	SP	SP	SP	SP
Political sign	P	P	P	P	P
Portable sign	SP	SP	SP	SP	SP
Real estate development project sales sign	SP	SP	SP	SP	N
Real estate sales sign (over 9 square feet in area)	SP	SP	SP	SP	SP
Real estate sales sign (up to 9 square feet in area)	P	P	P	P	P
Roof sign	N	N	N	N	N
Temporary sign	SP	SP	SP	SP	SP
Wall sign	P	P	SP	SP	SP
Warning sign	P	P	P	P	P

(Prior Code, § 12-212) (Ord. 1997-19, passed 7-15-1997; Ord. 97-40, passed 6-12-2001; Ord. 01-2014, passed 5-20-2014)