The purpose of these regulations is to eliminate excessive and confusing sign displays that create potential hazards to motorists, pedestrians and property, and also to maintain a responsible communication system by setting requirements for the location, size, height and lighting of signs that will be compatible with the architecture and landscape of the town. (Ord., 6-8-1989)

The sign requirements contained herein are declared to be the maximum allowable, and sign types not specifically allowed as set forth within this chapter shall be prohibited. Where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply. (Ord., 6-8-1989)

The following signs are not regulated by this chapter:

   A.   On premises advertising signs that are attached to windows or walls and are clearly of a temporary nature, which promote specific sales.

   B.   Signs which are associated with public, school or church events and functions, which are clearly of a temporary nature.

   C.   Interior signs.

   D.   Devices that display only the time and temperature. (Ord., 6-8-1989)

The following definitions specifically apply to the requirements of this chapter:

A-FRAME SIGN: A temporary and/or moveable sign constructed with two (2) sides attached at the top so as to allow the sign to stand in an upright position.

ADVERTISING SIGN: An off premises sign.

ALTERATION: A change or rearrangement in the structural parts or design whether by extending on a side, by increasing in area or height, or by relocating or change in position.

ANIMATED SIGN: A sign which includes motion or rotation of any part by mechanical or artificial means, or subdued color changes.

BALLOON SIGN: An advertisement supported by a balloon anchored to the premises where the advertised use is conducted, product or commodity sold, service performed, or business name is located.

BILLBOARD SIGN: An off premises advertising sign.

BUSINESS SIGN: An on premises sign.

CONSTRUCTION SIGN: A sign identifying an existing or proposed development project which may contain the name of the project, name and address of construction firms, architects, engineers, developers, etc.

ELECTRONIC MESSAGE CENTER: A mechanism or device which uses a combination of lights or lighted panels which are controlled electrically and/or electronically to produce words, symbols or messages which may flash, travel or scintillate within a given panel area.

FLAT SIGN: A sign erected parallel to and attached to the outside wall of a building and extending not more that twenty four inches (24") from such wall, with messages or copy on the outside face only.

FLOODLIGHTED SIGN: A sign made legible in the absence of daylight by devices which reflect or project light upon it.

GROUND SIGN: A sign supported by a fixed permanent frame support in the ground.

ILLUMINATED SIGN: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes.

INTERIOR SIGN: A sign located within a building so as to be visible only from within the building in which the sign is located.

MOBILE CHANGEABLE COPY SIGN: A sign mounted on a trailer or frame, lighted or unlighted, with changeable lettering.

MONUMENT SIGN: A sign which is incorporated into the landscape or architectural design scheme and displaying the name of uses or buildings.

NAMEPLATE SIGN: A sign indicating the name and/or occupation of a person legally occupying the premises or indicating a legal home occupation thereon.

NONCONFORMING SIGN OR SIGN STRUCTURE: A sign or sign structure or portion thereof lawfully existing on the effective date of this title which does not conform to all height, area, yard spacing, animation, lighting or other regulations prescribed for the zone in which it is located.

OFF PREMISES SIGN: An advertising sign which directs attention to a use, product, commodity or service not related to the premises on which the sign is located.

ON PREMISES SIGN: A sign directing attention to a use conducted, product or commodity sold, service performed or business name upon the premises on which it is located.

OVERHANGING SIGN: A sign which projects twelve inches (12") or more over the roof of a building.

PEDESTAL SIGN: A temporary and/or moveable sign supported by a column or columns and a base so as to allow the sign to stand in an upright position.

PROJECTING SIGN: A sign attached to a building or canopy and extending, in whole or in part, more than twenty four inches (24") beyond any wall of the building or canopy.

PROMOTIONAL BOARD SIGN: A permanently attached changeable copy sign not exceeding twenty (20) square feet per face, with one or two (2) faces back to back for the display of promotional items offered for sale on the premises.

PROPERTY SIGN: A sign related to the property upon which it is located and offering such information as address, name of occupant for residential uses, sale or lease of the property, warning against trespassing, any hazard, or other danger on the property.

ROOF SIGN: A sign which is erected partly or wholly on the roof of a building. Notwithstanding the foregoing, a sign structure having main supports embedded in the ground shall not be considered to be a roof sign even if the sign supports pass through a roof, canopy or parapet of a building.

SERVICE SIGN: A sign that is incidental to use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrance and exits, etc. A service sign shall also include signs providing information about sale of agricultural products produced upon the premises.

SIGN: Shall mean and include every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service. "Sign" shall also include the sign structure supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.

SIGN AREA: The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty five degrees (45°). For signs that do not have a frame or a separate background, "sign area" shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, cube or other such shapes shall be computed as one-half (1/2) the total surface area.

SIGN MAINTENANCE: Signs shall be maintained in a safe, presentable and good condition, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign.

SIGN SETBACK: The minimum distance that any portion of a sign or sign structure shall be from any street right of way line and yard line coterminous with a street.

SIGN STRUCTURE: Anything constructed or erected supporting a sign which requires location on or below the ground or attached to something having location on or below the ground.

SNIPE SIGN: A sign which is attached to a public utility pole or to the supports for another sign.

TEMPORARY SIGN: As regulated by this title, shall include any sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out of doors for a short period of time.

TIME AND TEMPERATURE DEVICE: Any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.

WALL SIGN: A sign that is either painted on a wall or its facing, by not having a sign frame or separation from the wall or facing.

WINDOW SIGN: A sign permanently attached and located within a building so as to be visible through a window or door outside the building. (Ord., 6-8-1989)

Except as provided in this title:

   A.   A sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged or altered unless in conformity with the regulations herein specified.

   B.   A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this title. Alterations shall also mean the changing of the text or message that the sign is conveying from one use of the premises to another use of the premises and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. Any alterations to a nonconforming sign will require the approval of the planning commission. (Ord., 6-8-1989)

Except for property signs, political signs and nameplates conforming to the definitions and provisions of this chapter, no sign may be erected without a permit. Signs greater than thirty two (32) square feet of area will require approval of the planning commission before a permit may be issued. Permits will be issued by the building official and complete documentation describing the proposed work will be required. Fees for sign permits are as established by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

   A.   Authorized: The town council or town attorney shall be empowered to institute any appropriate action or proceeding in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any town ordinance, to accomplish the following purposes:

      1.   To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

      2.   To restrain, to correct or abate such violation.

      3.   To abate and remove unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within ten (10) working days after giving notice as provided in subsection B of this section, the building official may at once abate and remove said sign, and the person having charge, control or benefit of any such sign shall pay to the town the costs incurred in such removal within thirty (30) calendar days after written notice of the costs is mailed to such person.

   B.   Notice: Notice by the town shall mean written notice sent by certified mail to persons having charge or control or benefit of any sign found by the building official to be unsafe. (Ord., 6-8-1989)

Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal device, or make use of the words "stop", "drive in", "danger", or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse vehicle operators. (Ord., 6-8-1989)

There shall be a minimum clearance of eight feet (8') between the ground and any part of a projecting sign or ground sign, as measured from the grade of the intersecting streets which are located within the clear view of an intersection. (Ord., 6-8-1989)

No sign shall be located on publicly owned land or inside street rights of way, except signs required and/or erected by permission of the appropriate public agency. Signs shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any curbstone, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. (Ord., 6-8-1989)

Signs not specifically allowed by this chapter are prohibited. The following signs are specifically prohibited: A-frame, snipe, pedestal, animated, balloon, flashing, mobile changeable copy, promotional board and electronic message center. (Ord., 6-8-1989)

   A.   Maintenance Required: All signs and advertising structures shall be maintained in good condition.

   B.   Removal Of Obsolete Signs: Signs relating to a product no longer available for purchase, or to a business which has moved, shall be removed or the advertising copy removed within thirty (30) days of such unavailability, closure or relocation. (Ord., 6-8-1989)

   A.   A lighted sign shall not be installed which permits the light to penetrate beyond the property in such a manner as to annoy or interfere with the use of adjacent properties.

   B.   Such lights alleged to violate the above by the adjacent property owners or building official shall be subject to a public hearing before the planning commission as to the validity of the alleged violation. If such light is determined to be in violation, the owner of said light shall take appropriate corrective action as directed. (Ord., 6-8-1989)

The following signs shall be allowed in all zones, provided they comply with the given restrictions:

   A.   Construction signs: Maximum size of thirty two (32) square feet; a maximum height of twelve feet (12'); located on private property; must be removed within one month from the date of issuance of the final certificate of occupancy.

   B.   Construction signs for subdivisions: Maximum size of thirty two (32) square feet; a maximum height of twelve feet (12'); located on private property; must be approved by the planning commission for a period not to exceed one year, which may be renewed by the planning commission upon application which must be received at least thirty (30) days prior to the previous approval's expiration date.

   C.   Nameplates: Maximum size of three (3) square feet; must be attached to main structure.

   D.   Political signs: Maximum size of sixteen (16) square feet; a maximum height of six feet (6'); located on private property not closer than ten feet (10') to any driveway; must be removed within fifteen (15) days following the final voting date.

   E.   Property signs: Maximum size of six (6) square feet; a maximum height of six feet (6'); located on private property. (Ord., 6-8-1989)