Allouez Village City Zoning Code
ARTICLE X
Signs
§ 475-1001 Purpose; findings; applicability; content neutrality; measurements.
A.
Purpose. The sign regulations of this article are intended to balance the following differing, and at times, competing goals:
(1)
To support the desired character of the Village, as expressed in adopted plans, policies and regulations;
(2)
To promote an attractive visual environment;
(3)
To accommodate the effective use of signs as a means of identification and communication for businesses, organizations and individuals;
(4)
To provide a means of wayfinding for visitors and residents;
(5)
To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the Village and its residents, property owners and visitors;
(6)
To protect the public health, safety and welfare by minimizing hazards for motorized and nonmotorized traffic;
(7)
To minimize the possible adverse effects of signs on nearby public and private property; and
(8)
To provide broadly for the expression of individual opinions through the use of signs on private property.
B.
Findings. In conjunction with the purposes set forth in Subsection A, the Village Board finds that regulation of the size, height, number and spacing of signs throughout the Village is necessary to:
(1)
Promote the aesthetic and environmental values of Allouez by providing for signs that serve as effective means of communication and do not impair the attractiveness of the Village as a place to live, work, visit, and shop;
(2)
Protect public investment in and the character and dignity of public buildings, streets, and open spaces;
(3)
Protect the distinctive community character of Allouez, which results from its natural features, neighborhoods, street patterns, architectural features and historic resources;
(4)
Ensure that signs are designed and proportioned in relation to the structures to which they are attached, adjacent structures, and the streets on which they are located;
(5)
Enhance public spaces by preserving views and fostering the unobstructed growth of street trees;
(6)
Provide an environment that will safeguard and enhance neighborhood livability and property values, and promote the development of business in the Village;
(7)
Reduce hazards to motorized and nonmotorized travel caused by visual distractions and obstructions; and
(8)
Thereby promote the public health, safety and welfare.
C.
Applicability. All signs within the Village are subject to the regulations of this article and all other applicable provisions of this chapter, except as otherwise expressly stated.
D.
Content neutrality.
(1)
Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, as long as the sign complies with all size, height, location and other applicable requirements of this article.
(2)
The purpose of this content neutrality provision is to avoid any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.
(3)
This provision does not create a right to increase the total amount of signs on a lot.
E.
Measurements.
(1)
Number of faces. Unless otherwise expressly stated, when the sign faces of a multisided sign are parallel or within 30° of parallel, only one side of the sign is counted for the purpose of determining the area and number of signs. If the sign faces are not parallel or within 30° of parallel, all sign faces are counted.
(2)
Sign area. The area of a sign face is computed by means of the smallest geometric figure (square, circle, rectangle, triangle, polygon, etc.) that will encompass the outer limits of all of the letters, words, representations, emblems, or other displays, together with any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure upon which it is placed, but not including any supporting framework, bracing, or decorative fence or wall that is clearly incidental to the display itself.
(3)
Window area. The area of a window includes only the glass or glazed elements of the window. Frames, mullions and similar features are not counted as part of the window area.
(4)
Height. The height of a sign is computed as the distance from the natural or curb grade, whichever is higher, at or below the base of the sign, to the top of the highest attached component of the sign. Natural grade for sign height measurement purposes is construed to be the lower of existing grade before construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. When natural grade cannot reasonably be determined, sign height is computed on the assumption that the elevation of the natural grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the subject lot, whichever is lower.
§ 475-1002 Prohibited signs and sign characteristics.
The following signs and sign characteristics are prohibited:
A.
Any sign for which a required permit has not been issued;
B.
Any sign that is posted or maintained in violation of this article;
C.
Off-premises advertising signs (also known as "billboards");
D.
Signs located and maintained in such a manner as to constitute a nuisance as provided in the Village Code;
E.
Signs that advertise an activity, business, product or service no longer conducted on the lot on which the sign is located;
F.
Signs or other attention-getting devices that contain or consist of inflatable devices, balloons, ribbons, streamers, spinners or other similarly moving devices, except as expressly allowed in this article;
G.
Signs that swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment;
H.
Signs that emit sound, smoke or odor;
I.
Signs that extend more than two feet above the roofline of the building to which they are attached, except in cases where roof signs are expressly allowed;
J.
Searchlights, strobe lights, rotating beacon lights, flashing lights that are visible from the public right-of-way, except as otherwise expressly allowed by this article or required by law;
K.
Signs located in or obstructing a required parking or loading space, or that otherwise obstruct vehicular or pedestrian access or circulation, or that pose any other hazard to motorized or nonmotorized travel;
L.
Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress;
M.
Signs that interfere with an opening required for ventilation, except that signs may cover transom windows when not in violation of applicable building and fire safety codes;
N.
Signs affixed directly to a tree, utility pole or traffic control device;
O.
Signs that obstruct, impair, obscure, interfere with the view of, or that may be confused with, any authorized traffic control sign, signal, or device;
P.
Sign displays with a brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle;
Q.
Signs attached to or painted on an inoperable or unlicensed vehicle (motorized or nonmotorized);
R.
Signs attached to or painted on a licensed motor vehicle if the vehicle is parked within 25 feet of the street right-of-way;
S.
Portable signs, including sandwich board, A-frame and signs on wheels or that are designed to allow movement from one location to another, except in the PI Districts.
T.
Painted wall signs, other than historic signs and murals; and
U.
Signs located on public property that are not owned by or otherwise permitted by the Village. Any sign installed or placed on public property, except in compliance with all applicable regulations and permits are forfeited to the public and subject to confiscation. In addition to other available remedies, the Village is authorized to recover from the owner or person placing the sign the full costs of removal and disposal for such sign.
§ 475-1003 Signs allowed without permit.
The sign types identified in this section are permitted in any zoning district without obtaining a sign permit and, unless otherwise expressly stated, are not counted as signs for purposes of determining the number of signs or amount of sign area on a lot.
A.
Address numbers and nameplates: address numbers and nameplates not exceeding four square feet in area per building.
B.
Art/public art: art and public art displays.
C.
Construction signs: up to three construction signs per lot, not exceeding six square feet in area in R1 and R2 Districts or 32 square feet in area in all other districts. Such signs may be erected no more than five days prior to construction, must be confined to the construction site, and must be removed no more than 60 days after completion of construction or expiration of the permit authorizing such construction, whichever occurs first.
D.
Driveway signs: driveway signs not exceeding six square feet in area in a commercial, mixed-use, or industrial district or three square feet in area in a residential district. Driveway signs may not exceed six feet in height and must be located within 10 feet of the intersection of the driveway opening and the right-of-way line, but out of the driveway vision triangle.
E.
Flags: flags that do not contain a commercial message.
F.
Historic plaques: plaques on federal, state or local designated historic buildings or sites, not exceeding nine square feet in area or seven feet in height.
G.
Interior (site or building) signs.
(1)
Signs located within the interior of any building or stadium or within an enclosed lobby or court of any building that are not visible from the public right-of-way. Such signs must comply with the structural, electrical, or materials specifications required by this article or the building code.
(2)
Signs on the interior of site or that are not otherwise visible from any public right-of-way or from beyond the boundaries of the lot or parcel.
H.
Engraved signs: signs that are engraved or cut into any masonry or metal surface used as an exterior building material and that do not exceed four square feet in area.
I.
Neighborhood and park signs. Residential neighborhoods, and park sites are allowed a single freestanding sign at each street entrance to the neighborhood or park. Such signs may not exceed 32 square feet in area or six feet in height.
J.
Official signs: signs erected and maintained pursuant to the discharge of governmental functions, or that are required by law, ordinance, or government regulation, or that are required to be posted in order to effectuate a legal right.
K.
Campaign signs. Campaign signs are subject to the following regulations:
(1)
Permission must be obtained from the owners or tenants in possession of the property upon which a campaign sign is placed. Campaign signs may not be located on public property.
(2)
Campaign signs may not exceed 12 square feet in area in residential zoning districts and 16 square feet in area in all other zoning districts. This subsection does not apply to a sign that is affixed to a permanent structure and does not extend beyond the perimeter of the structure.
(3)
Campaign signs may not be placed upon a building or a zoning lot that will create a traffic or safety hazard.
L.
Real estate signs: one real estate sign on any lot or two on any corner lot.
(1)
In residential districts, such signs may not exceed six square feet in area and may not be illuminated.
(2)
In all other districts, such signs may not exceed 32 square feet in area.
M.
Special event signs. Special event signs are subject to approval by the Village Board.
N.
Vehicular signs: signs on vehicles operated in the normal course of business, which business is not primarily the display of signs.
O.
Drive-through signs. Drive-through signs are permitted in conjunction with drive-through uses, in accordance with the following regulations:
(1)
Drive-through signs must be located within 10 feet of a drive-through lane.
(2)
One primary drive-through sign not to exceed 24 square feet in area or eight feet in height is allowed per order station up to a maximum of two primary drive-through signs per lot. One secondary drive-through sign not to exceed 15 square feet in area or six feet in height is allowed per lot.
(3)
Drive-through signs must be set back at least 25 feet from residential zoning districts.
(4)
Drive-through signs must be oriented to be visible by motorists in allowed drive-through lanes.
Figure 10-1 Drive-Through Sign  |
P.
Temporary window signs: a sign attached to the inside surface of a ground floor window in a nonresidential zoning district. The total area of all such signs may not exceed 50% of the total area of the window to which they are attached.
§ 475-1004 Temporary signs.
A.
Permits required.
(1)
Sign permits are required for all temporary signs displaying a commercial message (See the sign permit provisions of § 475-1009.), including flags, pennants, streamers, banners and similar attention-getting devices.
(2)
Number. No more than one temporary sign permit may be issued to a person, firm, or corporation in any one calendar year. Each tenant within a multitenant property is be allowed one temporary sign per calendar year. Multitenant businesses are properties with more than one tenant leasing or owning a portion of a building or operating from that location.
B.
Term. The term of a temporary sign permit may not exceed 30 consecutive days from the date of issuance and must be wholly within any one calendar year, at the end of which term the temporary sign permit expires and any sign or attention-getting device authorized by the expired permit must be removed. Failure to remove a temporary sign upon expiration of the permit constitutes a violation of this chapter, and each day of violation is considered a separate offense.
C.
Area. Temporary signs may not exceed 32 square feet in area.
D.
Height. Freestanding temporary signs may not exceed eight feet in height.
§ 475-1005 Signs in AG, R, NX and PI Districts.
A.
Applicability. The regulations of this section apply to signs in the AG, R, NX and PI Districts.
B.
Signs allowed. The following signs are allowed in the AG, R, NX and PI Districts in addition to any signs allowed pursuant to §§ 475-1003 and 475-1004.
(1)
Residential and mixed-use buildings with three or more dwelling units. Lots in AG, R, NX and PI Districts occupied by three-plus household residential or mixed-use buildings are allowed a maximum of one freestanding sign per street frontage and a maximum of one wall sign per building wall.
(a)
Wall signs may not exceed 32 square feet in area.
(b)
Freestanding signs may not exceed 32 square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed 96 square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented. Maximum height may not exceed eight feet.
(2)
/Nonresidential uses. The following regulations apply to all principal nonresidential uses in AG, R, NX and PI Districts.
(a)
Wall signs. Nonresidential uses in AG, R, NX and PI Districts are allowed a maximum of one wall sign per public building entrance. No individual wall sign may exceed 32 square feet in area. In buildings with multiple public building entrances, the sign area of all wall signs may not exceed 32 square feet in the aggregate.
(b)
Monument signs. Nonresidential uses in AG, R, NX and PI Districts are allowed a maximum of one monument sign per street frontage. Allowed freestanding signs are subject to a maximum height limit of eight feet and may not exceed 32 square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed 96 square feet in area. The maximum sign area calculation for signs on corner or multiple-frontage lots must be based solely on the street frontage to which the sign is oriented.
(c)
Electronic message centers (EMC). Electronic message centers (EMC) are allowed as a component of a monument sign in AG, R, NX and PI Districts only on lots occupied by an allowed public, civic or institutional use.
[1]
No more than one dynamic display is allowed per street frontage.
[2]
The allowed dynamic display component may not exceed 40% of the sign's overall area or 20 square feet, whichever is less.
[3]
Electronic message centers (EMC) in AG, R, NX and PI Districts may operate only between the hours of 6:00 a.m. and 10:00 p.m.
[4]
Electronic message centers (EMC) are subject to the dynamic display regulations of § 475-1007F.
§ 475-1006 Signs in MX1, MX2, MXR, GXR and GX Districts.
A.
Applicability. The regulations of this section apply to signs in the MX1, MX2, MXR, GXR and GX Districts.
B.
Signs allowed. The following signs are allowed in MX1, MX2, MXR, GXR and GX Districts in addition to any signs allowed pursuant to §§ 475-1003 and 475-1004:
(1)
Monument signs.
(2)
Wall signs.
C.
Maximum overall sign area. The total area of all monument and wall signs on a lot may not exceed 300 square feet.
D.
Monument signs. Monument signs in the MX1, MX2, MXR, GXR and GX Districts are subject to the following regulations:
(1)
Maximum number. Lots abutting a recreational trail are allowed a maximum of one nonilluminated trailside monument sign and one additional monument sign. All other lots are allowed a maximum of one monument sign per lot.
(2)
Maximum sign area and height. Trailside monument signs may not exceed six square feet in area or 5.5 in height. All other monument signs are subject to the maximum area and height regulations of Table 10-1.
Table 10-1 Monument Sign Area and Height | ||
|---|---|---|
Number of Tenants/Floor Area (square feet) | Maximum Area (square feet) | Maximum Height (feet) |
1 to 2/and less than 25,000 | 32 | 8 |
3 plus/and less than 25,000 | 48 | 8 |
3 plus/or 25,000-50,000 | 48 | 8 |
3 plus/or more than 50,000 | 64 | 10 |
(3)
Minimum setbacks. Trailside monument signs must be set back at least two feet from any trail right-of-way or easement. All other monument signs must be set back at least 50 feet from any R-zoned lot, 30 feet from an intersection and 15 feet from a driveway.
(4)
Street address. All monument signs must include the street address of the subject property, using numbers with a minimum height of five inches.
(5)
Design and landscaping. Monument signs must include a decorative base at least two feet in height, constructed of the same material as the principal building. A landscape area with a width of two feet must be provided around the base of the sign. Plant material must be provided within the landscape area.
E.
Wall signs. Wall signs in the MX1, MX2, MXR, GXR and GX Districts are subject to the following regulations:
(1)
Maximum number. Lots abutting a recreational trail are allowed a maximum of one nonilluminated trailside wall sign and one additional wall sign per building tenant. All other lots are allowed a maximum of one wall sign per tenant.
(2)
Maximum sign area. Wall signs are subject to the maximum area regulations of Table 10-2.
Table 10-2 Wall Sign Area | |
|---|---|
Sign Type | Maximum Area |
Trailside wall sign | 15% of tenant's street-facing wall area |
Nontrailside wall sign | 10% of tenant's trail-facing wall area |
Total area of all wall signs on a lot | 72 square inches per linear foot of lot frontage |
(3)
Maximum projection. Wall signs may not project more than 18 inches from the wall on which they are mounted.
§ 475-1007 Regulations of general applicability.
A.
Wind pressure. All signs must be erected and maintained so as to withstand a wind pressure of not less than 30 pounds per square foot. Signs erected or maintained on any wall of a building must be securely fastened or anchored to such wall or building, and all fasteners or anchors used must maintained free from rust or defects of any kind.
B.
Street address. All monument signs and other freestanding signs that require a sign permit must display the street address of the subject property using numbers with a minimum height of five inches.
C.
Electrified signs. All signs using electrical power must comply with the electrical code.
D.
Illumination.
(1)
Exposed electrical wires are prohibited.
(2)
The use of unshielded lighting, including exposed light bulbs hung or strung on poles, wires or any other type of support, intended to illuminate a sign or other attention-getting device is prohibited.
(3)
Signs may not be illuminated by any means between the hours of 10:00 p.m. and sunrise, except that an allowed sign may be illuminated during those hours that the principal use of the property is open to public.
(4)
All sign lighting must be designed, located, shielded or hooded as to prevent the casting of glare or direct light upon adjacent roadways, upon surrounding properties, and into the sky.
(5)
The lighting intensity of any sign, whether resulting from internal or external illumination, may not exceed 60 footcandles, as measured two feet from the geometric center of the sign face. Electronic message centers (EMC) are not subject to this regulation.
(6)
Neon tubing or strands of lighting exposed to view or not covered with an opaque cover of Plexiglas or other similar material, other than seasonal decorations, are prohibited.
E.
Signs on private property. No sign may be placed on any private property without the subject property owner's consent.
F.
Electronic message centers (EMC). The supplemental regulations of this section apply to all signs that include electronic message centers (EMC).
(1)
The sign area allowed for a dynamic display is not in addition to the maximum sign area allowed for a wall or freestanding sign, but rather is counted as part of the maximum area of a wall or freestanding sign.
(2)
The images and messages displayed on a dynamic display must have a minimum dwell time of at least eight seconds and may not contain any movement, animation, audio, video, pyrotechnics or other special effects.
(3)
The transition or change from one message to another must occur in one second or less and involve no animation or special effects.
(4)
The images and messages displayed must be complete in and of themselves within the required dwell time.
(5)
Electronic message centers (EMC) must be equipped with a default mechanism that freezes the display in one position or presents a static or blank display if a malfunction occurs.
(6)
Electronic message centers (EMC) must be equipped with a light detector/photocell that automatically adjusts the display's brightness according to natural ambient light conditions.
(7)
The maximum brightness level of a dynamic display may not exceed 6,500 nits (candelas per square meter) during daylight hours or 500 nits between 30 minutes after sunset and 30 minutes before sunrise, as those times are determined by the National Weather Service (actual time). Brightness must be measured from the brightest element of the sign's face.
(8)
Electronic message centers (EMC) may not be illuminated at a greater intensity than necessary for adequate visibility. Dynamic display signs that are determined by the Village to be too bright must be modified as ordered by the Village.
(9)
EMCs must be setback a minimum of 100 feet from residential property and separated a minimum of 200 feet from other EMC signs on adjacent parcels.
§ 475-1008 Construction, installation and maintenance.
A.
Maintenance. All signs and sign structures must be properly maintained and kept in a neat and sound state of repair and appearance.
B.
Abandoned signs. If a business ceases operation for more than 30 days, the sign owner, lessee, or the property owner must immediately remove any sign identifying or advertising that business or products offered for sale. The requirement to remove may be waived by the Building Official if evidence is submitted that a new business will be in operation on the subject property within 30 days. Upon failure of the sign owner, lessee or property owner to comply with this provision, the Building Official must issue a written notice to the sign owner and any lessee, and to the property owner, stating that such sign must be removed within 10 days. If the sign owner, lessee, or property owner fails to comply with such written notice to remove, the Building Official is authorized to cause the removal of such sign, and any expense incidental to such removal will be charged to the owner of the property upon which sign is located and constitute a lien upon the property. For the purpose of this subsection, the word "remove" means:
(1)
The sign face, along with posts and columns, and the supports of freestanding signs, must be taken down and removed from the property.
(2)
The sign face and supporting structures of projecting, roof, and wall signs must be taken down and removed from the property.
(3)
The sign face of painted wall signs must be removed by painting over the wall sign in such a manner as to completely cover up and hide the sign from sight.
C.
Destruction of signs. It is unlawful for any person to:
(1)
Injure, deface or remove any sign, signal, flare, red light or marker placed for the warning, instruction or information of the public.
(2)
Carve or paint on any rock, sign, wall or structure on public park grounds or other public property.
(3)
Injure or deface in any manner any public building, facility, sign, fence, table or other Village property on public park grounds or other public property.
§ 475-1009 Administration and enforcement.
A.
Permits.
(1)
Authority. Unless otherwise expressly stated in this article, it is unlawful to erect, repair, alter, relocate, or possess any sign or other advertising structure without first obtaining a sign permit from the Village.
(2)
Application for permit. Applications for a sign permit must be submitted to the Building Official and include at least the following information:
(a)
Name, address, and telephone number of the applicant.
(b)
Location of building, structure, or lot to which or upon which the sign is to be attached or erected.
(c)
Name of person, firm, corporation, or association erecting the sign.
(d)
Written consent of the owner of the building, structure, or land to which or upon which the sign is to be fixed.
(e)
A scale drawing of such sign indicating the dimensions, materials to be used, color scheme, type of illumination, if any, and the method of construction and attachment.
(f)
A scale drawing indicating the location and position of such sign in relation to nearby buildings and structures.
(g)
Copies of any other permit required and issued for said sign, including the written recommendation by the Village Plan Commission where required by this chapter.
(h)
Additional information as may be required by the Village.
(3)
Fees. Sign permit application fees are required in accordance with the Village's established fee schedule.
(4)
Permit revocation. The Building Official is hereby authorized and empowered to revoke any permit issued by him/her upon failure of the holder thereof to comply with any provision of this chapter.
B.
Sign exceptions. In the event a property owner or applicant is denied a sign permit because of the strict interpretation of the requirements in this article, a sign exception may be applied for with such fee as set forth in the fee schedule.
(1)
Authorized sign exceptions. Exceptions may be granted by the Village Board only in accordance with the criteria set forth in Subsection B(3), below. Authorized exceptions are considered a unique request and are not to be construed as precedent for any other authorized sign exceptions.
(2)
Sign exception procedure.
(a)
The applicant submits a complete sign exception application and relevant fees to the Building Official.
(b)
The proposed sign is reviewed by the Building Official and referred to the Plan Commission for any exceptions.
(c)
The Plan Commission makes a recommendation on an exception within 60 days of receipt of the exception application or the same shall be deemed denied. Any recommended exception must be entered in the minutes of the Plan Commission, setting forth the reasons justifying the recommendation for approval.
(d)
The Village Board must make final determination on an exception request after a recommendation is made by the Plan Commission. Any exception granted must be entered in the minutes of the Village Board, setting forth the reasons justifying the approved sign exception.
(e)
The Building Official must comply with and enforce the decision.
(3)
Criteria for sign exceptions. The Village Board may not approve a sign exception unless a sign is locally designated or listed on the state or national historic register as an historic structure, as determined by Chapter 248, Historic Preservation, of the Village Code, or it must make findings based upon the evidence presented to it in each specific case that all the following conditions are present. All exceptions made to a sign under the historic structure condition must first obtain a certificate of appropriateness as determined by Chapter 248 of the Village Code.
(a)
The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.
(b)
The conditions upon which the application for an exception is based would not be applicable generally to other property within the same zoning classification.
(c)
The purpose of the exception is not based exclusively upon a desire for economic or other material gain by the applicant or owner.
(d)
The alleged difficulty or hardship is caused by this article and has not been created by any person presently having an interest in the property.
(e)
The granting of the exception will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(f)
The proposed exception will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(4)
Conditions. In acting on a sign exception request, the Village Board may impose conditions and restrictions upon the premises benefited by an exception as may be necessary to comply with the required sign exception criteria; to reduce or minimize the injurious effect of such exception upon other property in the neighborhood; or to better carry out the general intent of this article.
C.
Nonconforming signs.
(1)
Description. A nonconforming sign is a sign that was lawfully established but that no longer complies with applicable sign regulations because of annexation or the adoption or amendment of regulations after the sign was established.
(2)
Loss of status.
(a)
A sign loses its nonconforming status if one or more of the following occurs:
[1]
The sign is abandoned;
[2]
The sign is structurally altered in any way that brings the sign further out of compliance with these sign regulations than it was before alteration;
[3]
The sign is relocated. However, relocation of a sign pursuant to the exercise or the threat of exercise of eminent domain by a governmental authority does not cause a legal nonconforming sign to lose such status if the sign is relocated to an area on the same tax parcel and as close as practicable to the original site acquired by government action;
[4]
The sign fails to conform to this chapter regarding maintenance and repair, abandonment, or dangerous or defective signs.
(b)
On the date of occurrence of any of the above, the sign must be immediately brought in compliance with this article with a new permit secured or it must be removed.
D.
Enforcement. The Building Official has primary authority and responsibility for administering and enforcing the sign regulations of this article. The penalty and enforcement provisions of Article XIV also apply to these sign regulations.
§ 475-1010 Sign measurements.
A.
Sign area.
Figure 10-6 Sign Area  |
(1)
Signs enclosed in frames or cabinets. The area of a sign enclosed in a frame or cabinet is determined based on the outer dimensions of the frame or cabinet surrounding the sign face.
(2)
Channel (individual) letter signs.
(a)
The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g. square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements.
(b)
Signs consisting of individual letters and/or elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter).
Figure 10-2 Individual Letter Signs  |
Figure 10-3 Individual Letters  |
(3)
Multisided signs. Unless otherwise expressly stated, when the sign faces of a multisided sign are parallel or within 30° of parallel, only one side is counted for the purpose of determining the area and number of signs. If the sign faces are not parallel or within 30° of parallel, all sign faces are counted.
Figure 10-4 Multisided Sign  |
(4)
Nonplanar signs. Spherical, free-form, sculptural or other nonplanar sign area is measured as 50% of the sum of the areas using only the four vertical sides of the smallest five-sided polyhedron that will encompass the sign structure. Signs with more than four polyhedron faces are prohibited.
Figure 10-5 Nonplanar Signs  |
B.
Sign height. The height of a sign is measured as the vertical distance from natural adjacent grade or curb level, whichever is highest, to the highest point of the sign.
C.
Setback, spacing and separation distances.
(1)
Required setback, spacing and separation distances between signs must be measured in a straight line from the nearest points on the respective sign structures. Required separation distances between signs and zoning districts, area or lots must be measured in a straight line from the nearest point on the sign structure to the nearest point of the subject district, area or lot.
(2)
The required separation distance between off-premises outdoor advertising signs must be measured in a straight line from the center of the respective off-premises outdoor advertising sign structures, as located on the ground.
D.
Illumination and luminance.
(1)
Footcandles. Sign illumination in footcandles is measured two feet from the sign face.
(2)
Nits. For the purpose of verifying compliance with maximum brightness level limits expressed in nits, brightness levels must be measured with the dynamic display set to run full white copy with a luminance meter positioned at a location perpendicular to the sign face center. When taking the luminance reading, the sign face must be the only subject visible in the viewfinder.
E.
Window area. The area of a window includes the continuous surface of the glass or glazed elements of the window until divided by an architectural or structural element. Mullions are not considered an architectural or structural element that divides a window.