(A)

Purpose. The purpose of this chapter [article] is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.

(B)

Scope. The regulations of this chapter [article] shall provide a balanced and fair legal framework for design, construction, and placement of signs that:

(1)

Promotes the safety of persons and property by ensuring that signs do not create a hazard by:

(a)

Collapsing, catching fire, or otherwise decaying;

(b)

Confusing or distracting motorists; or

(c)

Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic signs; and

(2)

Promotes the efficient communication of messages, and ensures that persons exposed to signs:

(a)

Are not overwhelmed by the number of messages presented; and

(b)

Are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose; and

(3)

Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors;

(4)

Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;

(5)

Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built environment, in order to meet the objectives related to the quality and character of development set forth in the Comprehensive Plan of the City of Anderson;

(6)

Enhances property values and business opportunities;

(7)

Assists in wayfinding; and

(8)

Provides fair and consistent permitting and enforcement.

(C)

Authority. The Anderson City Council finds that:

(1)

This chapter [article] advances important and substantial governmental interests;

(2)

The regulations set out in this chapter [article] are unrelated to the suppression of constitutionally protected free expression and do not involve the content of protected messages which may be displayed on signs, nor do they involve the viewpoint of individual speakers;

(3)

The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this chapter [article]; and

(4)

Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful to minors may be prohibited in places that are accessible to minors.

(D)

General findings of fact. The Anderson City Council finds that:

(1)

The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that is unrelated to the expression itself;

(2)

The city has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the city's streets by creating visual confusion and aesthetic blight;

(3)

Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high quality community character;

(4)

Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain, and sun, and after such damage or destruction, degrade the aesthetics of the city's streets if they are not removed;

(5)

The city has an important and substantial interest in keeping its rights-of-way clear of obstructions and litter;

(6)

The city has an important and substantial interest in protecting the health of its tree canopy, which contributes to the character and value of the community; and

(7)

The uncontrolled use of off-premises outdoor advertising signs and their location, density, size, shape, motion, illumination and demand for attention can be injurious to the purposes of this chapter [article], and destructive to community character and property values, and that, as such, restrictions on the display of off-premises commercial messages are necessary and desirable.

(Ord. No. 23-11, 8-14-2023)

(A)

The following key is to be used in the interpretation of Table 12-02, permitted and allowed sign types by district.

(1)

Sign types requiring a permit. Sign types marked as in the tables shall be permitted subject to all applicable regulations of this Ordinance [article] and only after the issuance of a sign permit as detailed in section 12.10.

(2)

Sign types not requiring a permit. Sign types marked as "o" in the tables shall be allowed subject to all applicable regulations of this udo without the issuance of a sign permit.

(3)

Prohibited sign types. A blank space in the table indicates that a sign type is prohibited in the respective district.

(4)

Interpretation of similar sign type. If a proposed sign is not listed in the table, the director shall determine if the sign is substantially similar to a sign listed in the table. If it is, the standards applied to the proposed sign shall be the standards applicable to the similar sign. If not, the sign shall be regarded as prohibited.

(Ord. No. 23-11, 8-14-2023)

(A)

Permanent sign area limit.

(1)

Each lot shall be allowed aggregate permanent sign area equal to one square feet of sign area per linear foot of lot frontage.

(2)

Premises having frontage on more than one dedicated street will be allowed an additional one-half square foot of aggregate permanent sign area for each linear foot of the secondary lot frontage; however additional sign area shall only be displayed on the secondary frontage.

(B)

Temporary sign area limit.

(1)

Each lot shall be allowed aggregate temporary sign area equal to one-half square foot of sign area per linear foot of lot frontage.

(2)

Premises having frontage on more than one dedicated street will be allowed an additional one-quarter square foot of aggregate permanent sign area for each linear foot of the secondary lot frontage; however additional sign area shall only be displayed on the secondary frontage.

(C)

Irregularly shaped lots. Irregularly shaped lots with minimal lot frontage, relative to more typically shaped lots in the district, may petition for additional aggregate sign area through the comprehensive sign plan process as detailed in section 12.11.

Figure 1: Limit on Sign Area

(Ord. No. 23-11, 8-14-2023)

(A)

Wall signs.

(1)

Sign area.

(a)

The maximum sign area of wall signs in the CBD district shall be five percent of the total area of the face of the wall to which the sign is to be affixed.

(b)

The maximum sign area of wall signs in the NP, NC, or LO districts shall be ten percent of the total area of the face of the wall to which the sign is to be affixed.

(c)

The maximum sign area of wall signs in the GC, LI, or HI districts shall be 15 percent of the total area of the face of the wall to which the sign is to be affixed.

(2)

Sign height. No wall sign shall protrude above the sill of a second-story window or windows of the building or structure to which such sign is to be attached.

(3)

Projection.

(a)

No part of any wall sign, except lighting reflectors, shall extend more than 12 inches from the face of the wall to which such sign is attached.

(b)

No wall sign shall be erected or maintained to extend beyond the end of the wall facing a street to which such sign is attached.

Figure 2: Wall Sign Area, Height, and Projection

(4)

Number of signs.

(a)

Primary wall signs.

(I)

Single tenant buildings shall be permitted a total of three primary wall signs; however only one wall sign shall be displayed on any single building facade.

(II)

Multi-tenant buildings shall be permitted one primary wall sign per tenant space.

(b)

Secondary wall signs. A maximum of two secondary wall signs may be authorized for buildings with lineal frontage in excess of 75 feet by the director provided such additional signage is:

(I)

In keeping with the overall design and architecture of the building,

(II)

A minimum of 20 feet from the primary wall sign and other secondary wall signs,

(III)

A maximum of 50 percent of the size of the primary wall sign,

(IV)

Less visually prominent on the site than the building's primary wall sign, and

(V)

The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as established in section 12.4(A)(1).

Figure 3: Primary and Secondary Wall Signs

(5)

Sign copy.

(a)

If the sign copy is comprised of individually affixed letters, the director may approve an increase in sign area up to an additional five percent of the total area of the face of the wall to which the sign is to be affixed.

(b)

Box/cabinet wall signs and painted wall signs shall be prohibited.

(6)

Other provisions.

(a)

No wall sign shall cover any architectural features (architectural features shall include but not be limited to, pediment, cornice, belt course, pier, windows, pilaster, roof, decorative stone or inlay, kick plate/bulkhead, raised or colored brick pattern, and corbel) of the building to which it is affixed.

(b)

No wall sign shall be affixed to HVAC screening, elevator overrun, or other structures protruding from the roof of the principal building, excluding architectural features that are an integral part of the principal building.

(B)

Single-tenant monument signs.

(1)

Sign area.

(a)

The maximum sign area of single-tenant monument signs in the NP, NC, or LO districts shall be 25 square feet.

(b)

The maximum sign area of single-tenant monument signs in the GC, LI, or HI districts shall be 50 square feet.

(2)

Sign height.

(a)

The maximum height of single-tenant monument signs in the NP, NC, or LO districts shall be five feet.

(b)

The maximum height of single-tenant monument signs in the GC, LI, or HI districts shall be eight feet.

(3)

Number of signs. A maximum of one single-tenant monument sign shall be permitted per lot frontage.

(4)

Sign base.

(a)

The base of a single-tenant monument sign, including all structural components, shall extend horizontally from the sign face a minimum of ten percent and a maximum of 25 percent of the width of the sign face.

(b)

The base of single-tenant monument signs shall be constructed from masonry, stone, or similar high-quality materials in keeping with the materials and design of the principal building of the lot, as determined by the director.

Figure 4: Single Tenant Monument Signs

(5)

Landscape requirement.

(a)

All single-tenant monument signs shall be required to plant and maintain a landscape area at the base of the sign.

(b)

The minimum area of the landscape area shall be equal to half of the square footage of the sign area of the associated sign.

(c)

Landscape areas shall be planted with one shrub or native grass per every three square feet of required landscape area.

(6)

Other provisions.

(a)

Address numbers.

(I)

The address of the building(s) to which the single-tenant monument sign is associated shall be displayed on the single-tenant monument sign.

(II)

Address numbers shall have a minimum height of four inches.

(III)

Address numbers shall not count towards maximum sign area.

(b)

The color scheme of a single-tenant monument sign must be consistent with the color scheme of the principal building unless an alternate color scheme is approved by a comprehensive sign plan.

(C)

Multi-tenant monument signs.

(1)

Sign area.

(a)

The maximum sign area of multi-tenant monument signs in the NP, NC, or LO districts shall be 50 square feet.

(b)

The maximum sign area of multi-tenant monument signs in the GC, LI, or HI districts shall be 100 square feet.

(2)

Sign Height.

(a)

The maximum height of multi-tenant monument signs in the NP, NC, or LO districts shall be ten feet.

(b)

The maximum height of multi-tenant monument signs in the GC, LI, or HI districts shall be 16 feet.

(3)

Number of signs. A maximum of one multi-tenant monument sign shall be permitted per lot frontage.

(4)

Sign base.

(a)

The base of a multi-tenant monument sign, including all structural components, shall extend horizontally from the sign face a minimum of ten percent and a maximum of 25 percent of the width of the sign face.

(b)

The base of multi-tenant monument signs shall be constructed from masonry, stone, or similar high-quality materials in keeping with the materials and design of the principal building of the lot.

Figure 5: Multi-Tenant Monument Signs

(5)

Landscape requirement.

(a)

All multi-tenant monument signs shall be required to plant and maintain a landscape area at the base of the sign.

(b)

The minimum area of the landscape area shall be equal to half of the square footage of the sign area of the associated sign.

(c)

Landscape areas shall be planted with one shrub or native grass per every three square feet of required landscape area.

(6)

Other provisions.

(a)

Address numbers.

(I)

The address of the building(s) to which the single-tenant monument sign is associated shall be displayed on the single-tenant monument sign.

(II)

Address numbers shall have a minimum height of four inches.

(III)

Address numbers shall not count towards maximum sign area.

(b)

The color scheme of a single-tenant monument sign must be consistent with the color scheme of the principal building unless an alternate color scheme is approved by a comprehensive sign plan.

(D)

Awning/canopy signs.

(1)

Sign area.

(a)

The maximum sign area of awning/canopy signs shall be 30 percent of the face of the awning or canopy upon which the sign shall be printed or affixed.

(b)

The area of the awning/canopy sign shall count towards the maximum amount of sign area permitted for wall signs as detailed in section 12.4(A)(1).

(2)

Other provisions. Awning/canopy signs shall only be permitted on awnings/canopies extending above ground floor entrances or windows.

Figure 6: Awning/Canopy Signs

(E)

Projecting signs.

(1)

Sign area. The maximum sign area of a projecting signs shall be four square feet.

(2)

Sign height. Projecting signs shall not extend above the roofline of the building to which it is attached, or a maximum of 12 feet, whichever is less.

(3)

Projection.

(a)

Projecting signs shall horizontally project a maximum of four feet from the building to which it is attached.

(b)

No projecting sign shall, at its lowest point, be less than eight and one-half feet above the established grade immediately below.

(4)

Number of signs.

(a)

A maximum of one projecting sign shall be permitted per ground floor tenant space.

(b)

A projecting sign shall not be displayed on the same building frontage as an awning/canopy sign.

(5)

Other provisions.

(a)

Projecting signs shall not be internally illuminated.

(b)

Projecting signs may encroach upon, extend, or project over a public right-of-way or easement. The property owner may be required to provide a release or hold harmless to the city prior to issuing permits for any such signs.

Figure 7: Projecting Signs

(F)

Window signs, permanent.

(1)

Sign area.

(a)

The maximum sign area of a permanent window sign shall be four square feet or 25 percent of the square footage of the individual window on which the sign shall be located, whichever is less.

(b)

The area of the permanent window sign shall count towards the maximum amount of sign area permitted for wall signs as detailed in section 12.4(A)(1).

(2)

Sign material. In the CBD district, permanent window signs shall be applied vinyl only.

Figure 8: Window Signs - Permanent

(G)

On-site traffic directional signs.

(1)

Sign area.

(a)

The maximum sign area of an on-site traffic directional sign shall be four square feet.

(b)

Permitted on-site traffic directional sign area shall not count towards the maximum allowed aggregate sign area as detailed in section 12.3.

(2)

Sign height. The maximum height of an on-site traffic directional sign shall be four feet.

(3)

Number of signs. The permitted number of on-site traffic directional signs shall be determined by the director or their designee as necessary to assist in the safe movement of vehicular, bicycle, and pedestrian traffic on a property and between properties with vehicular cross access.

Figure 9: On-Site Traffic Directional Signs

(H)

Fuel pump canopy signs.

(1)

Sign area. The maximum sign area of fuel pump canopy signs shall be one square foot of sign area per linear foot of the length of the canopy facade to which such sign is attached, or 20 square feet, whichever is less.

(2)

Sign height. No fuel pump canopy sign shall protrude above or below the canopy to which such sign is attached.

(3)

Projection.

(a)

No part of any fuel pump canopy sign shall extend more than 12 inches from the face of the canopy to which such sign is attached.

(b)

No fuel pump canopy sign shall be erected or maintained to extend beyond the end of the canopy to which such sign is attached.

(4)

Number of signs. Fuel pump canopies shall be permitted a total of three fuel pump canopy signs; however only one fuel pump canopy sign shall be displayed on any single canopy facade.

(5)

Sign copy. Fuel pump canopy signs shall be individually affixed letters or raceway letters only.

(6)

Other provisions.

(a)

Plastic or other similar roofing materials are prohibited for fuel pump canopies.

(b)

Fuel pump canopy columns shall be clad in masonry, stucco, fiber cement, or stone veneer systems with a minimum thickness of three inches, for a minimum of four feet from the base of the column.

(c)

Fuel pump canopies shall be lit with only fully recessed lighting.

(I)

Drive-through sign.

(1)

Sign area.

(a)

A drive-through facility is permitted a maximum of 80 square feet of aggregate sign area per drive-through lane.

(b)

In no instance shall an individual drive-through sign exceed 60 square feet in area.

(2)

Sign height. A drive-through sign shall not exceed ten feet in height.

(3)

Number of signs. A drive-through facility shall be permitted a maximum of two signs per drive-through lane.

(4)

Location. Drive-through signs shall be located within five feet of the drive-through lane(s) and shall meet all other location standards established in section 12.6(B).

(5)

Other provisions.

(a)

One hundred percent of a drive-through sign may be comprised of an electronic message board meeting all requirements of section 12.6(E).

(b)

Drive-through speakers shall not be audible from any property line.

(Ord. No. 23-11, 8-14-2023)

(A)

General standards temporary signs.

(1)

Temporary signs requiring a permit.

(a)

Single-tenant building. A maximum of one permitted temporary sign, as permitted per district in Table 12-02, may be displayed concurrently on a lot with a single-tenant building.

(b)

Multi-tenant building.

(I)

A maximum of one permitted temporary sign, as permitted per district in Table 12-02, may be displayed concurrently per tenant space on a lot with a multi-tenant building.

(II)

In no instance shall more than three freestanding temporary signs be displayed concurrently.

(2)

Display period. The permitted display period of a permitted temporary sign shall be a maximum of 30 days in a six-month period in increments of not less than ten days. Additional display time may be allowed for properties actively marketed for sale or lease, or if an emergency circumstance warrants the additional signage duration for a public purpose.

(3)

Temporary freestanding signs. Temporary freestanding signs shall include ground mounted banner, post, and yard signs.

(a)

Temporary freestanding signs shall be securely anchored into the ground or secured in a portable base designed for such function.

(b)

Temporary freestanding signs shall be maintained in good condition and shall not sag, lie on the ground, be torn, or otherwise kept in a disorderly state.

(B)

Wall-mounted banner sign.

(1)

Sign area.

(a)

The maximum sign area of wall mounted banner signs in the CBD district shall be five square feet.

(b)

The maximum sign area of wall mounted banner signs in the NP, NC, or LO districts shall be ten square feet.

(c)

The maximum sign area of wall mounted banner signs in the GC, LI, or HI districts shall be 15 square feet.

(2)

Sign height. No wall mounted banner sign shall protrude above the highest roofline or the top of the parapet wall or mansard roof.

(3)

Location. Wall mounted banner signs shall be affixed to a building only.

(4)

Projection. Wall mounted banner signs shall be affixed flat against the building to which they are mounted.

Figure 10: Wall-Mounted Banner Sign

(C)

Ground-mounted temporary sign.

(1)

Sign area.

(a)

The maximum sign area of ground mounted temporary signs in the NP, NC, or LO districts shall be 15 square feet.

(b)

The maximum sign area of ground mounted temporary signs in the GC, LI, or HI districts shall be 30 square feet.

(2)

Sign height.

(a)

The maximum height of ground mounted temporary signs in the NP, NC, or LO districts shall be five feet.

(b)

The maximum height of ground mounted temporary signs in the GC, LI, or HI districts shall be eight feet.

Figure 11: Ground-Mounted Temporary Signs

(D)

Window signs, temporary.

(1)

Sign area. The maximum sign area of a temporary window sign shall be 25 percent of the individual window on which the sign shall be affixed.

Figure 12: Window Signs - Temporary

(E)

A-frame/sandwich board signs.

(1)

Sign area. The maximum sign area of an a-frame/sandwich board sign shall be six square feet.

(2)

Sign height. The maximum height of an a-frame/sandwich board sign shall be four feet.

(3)

Number of signs. One a-frame/sandwich board sign shall be permitted per single-tenant building or tenant of a multi-tenant building.

(4)

Location.

(a)

Each a-frame/sandwich board sign shall be separated from another a-frame/sandwich board sign by at least 25 feet

(b)

A-frame/sandwich board signs shall be placed in a manner to preserve a continuous sidewalk width of a minimum of five feet.

(c)

No part of any a-frame/sandwich board sign shall block points of ingress or egress.

(d)

A-frame/sandwich board signs shall be placed no more than six feet from the building entrance of the building or tenant space of a building to which the sign is associated.

(5)

Other provisions. The display of a-frame/sandwich board signs shall only be permitted during the operating hours of the use to which the sign is associated.

Figure 13: A-Frame/Sandwich Board Signs

(F)

Post signs.

(1)

Sign area. The maximum sign area of a post sign shall be six square feet.

(2)

Sign height. The maximum sign height of a post sign shall be six feet.

(3)

Number of signs. A maximum of one post sign shall be allowed per lot frontage.

Figure 14: Post Signs

(G)

Yard signs.

(1)

Sign area. The maximum sign area of a yard sign shall be four square feet.

(2)

Sign height. The maximum sign height of a yard sign shall be three feet.

(3)

Number of signs. A maximum of one yard sign may be displayed concurrently except for 45 days before and 14 days after a local, state, or federal election in which case a maximum of six yard signs may be displayed.

(4)

Other provisions. Yard signs in residential districts displayed for a period of 48 hours or less shall be exempt from the requirements of this section.

Figure 15: Post Signs

(Ord. No. 23-11, 8-14-2023)

(A)

Sign measurement.

(1)

Sign height.

(a)

Sign height shall be measured by the total distance between the highest point on the sign to the average elevation of the ground upon which the sign supports are placed, except when:

(I)

The sign supports rest upon a berm or other area elevated above the surrounding ground, or

(II)

The sign supports rest upon a ditch or other area lower than the surrounding ground.

(b)

In the cases detailed in section 12.6(A)(1)(a)(I), (II) above, the elevation of the centerline of the adjacent roadway shall be considered the ground level.

Figure 16: Measuring Sign Height

(2)

Sign area.

(a)

Unless otherwise defined, sign area is determined by the total area enclosed by a continuous perimeter along the edges of a sign, including any frame or border.

(b)

The area of a sign composed of individually affixed letters is determined by the total area of the smallest geometric shape enclosing the copy.

(c)

A maximum of two geometric shapes may be utilized in sign area calculation.

(d)

The calculation for a double-faced sign shall be the area of one face only.

Figure 17: Measuring Sign Area

(B)

Location of permanent and temporary freestanding signs. Freestanding signs, including single-tenant monument signs, multi-tenant monument signs, on-site traffic directional signs, ground mounted temporary signs, post signs, and yard signs, shall:

(1)

Be located a minimum of five feet from all property lines, rights-of-way, and utility easements;

(2)

Not block points of ingress or egress;

(3)

Not be placed in any sidewalk or pedestrian circulation system, and

(4)

Not be located in a manner that obstructs visibility at street intersections and private drives as detailed in section 14.11.

(C)

Illumination.

(1)

Location and design of light source. Whenever an external artificial light source is used for a sign, such source shall be located, shielded, and directed so as not to be directly visible from any public right-of-way or residential property. No receptacle or device housing a permitted light source for a sign shall protrude more than 36 inches from the face of the sign or building to which it is attached except if such light source is ground mounted, locked in place, and cannot be redirected.

(2)

Level of illumination. In no event shall the illumination of any sign, resulting from any internal or external artificial light source, result in any level of maintained foot candles at any property line. All artificial illumination shall be so designed, located, shielded, and directed as to prevent the casting of glare or direct light upon adjacent property or streets.

(D)

Wind pressure, allowable stresses and materials.

(1)

All signs shall be constructed, erected, and maintained to safely withstand a wind pressure of at least 30 pounds per square foot.

(2)

The allowable stresses in chains, wire ropes, and steel guy rods and their fastenings shall not exceed one-quarter of their ultimate strength.

(3)

All ferrous chains, wire ropes, guy rods and their fastenings and anchor bolts shall be galvanized or be of other approved equivalent protection. All other ferrous parts of signs subject to corrosion shall be protected and maintained free from corrosion by approved corrosion-resistant coating.

(E)

Electronic message boards. Single-tenant and multi-tenant monument signs may incorporate electronic message boards in accordance with the following:

(1)

One-third of the sign area must be permanent copy.

(2)

The area of the sign devoted to an electronic message board shall be part of, not in addition to, the maximum sign area allowed.

(3)

The electronic message format shall conform to the following requirements:

(a)

The message will contain a static message or image only and not have movement, or the appearance of movement, during the static display period.

(b)

The transition to change from one message or image to another shall be instant and not dissolve, fade, scroll, travel, or have similar transitions.

(c)

The message shall not change more frequently than once every ten seconds.

(4)

Electronic message boards must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.

(5)

Electronic message boards shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to light conditions.

(6)

Illumination of electronic message signs shall not exceed 0.3 foot-candles over the ambient lighting conditions when measured at a distance equal to the square footage of the sign area.

(7)

Applications shall be reviewed by the director to determine that the sign placement does not interfere with traffic control devices within 300 feet of the sign or traffic circulation upon roadways. If deemed necessary by the director a report from a traffic engineer certifying that the proposed sign does not interfere with the design characteristics of the traffic circulation and traffic control devices may be required.

(Ord. No. 23-11, 8-14-2023)

(A)

The following signs are specifically prohibited:

(1)

Off-premises outdoor advertising signs;

(2)

Feather signs;

(3)

Pole/pylon signs;

(4)

Flashing signs;

(5)

Roof signs;

(6)

Marquee signs;

(7)

Outline/rope lighting;

(8)

Signs attached to a utility pole, a tree, a fence, a standpipe, gutter, drain or fire escape;

(9)

Signs erected so as to impair access to a roof;

(10)

Signs located, erected or maintained upon, over or project into any public or private right-of-way or easement unless otherwise allowing by this chapter [article];

(11)

Pennants, streamers, and portable signs not specifically permitted or allowed by this chapter [article];

(12)

Signs, not specifically permitted or allowed by this chapter [article], which move or have moving parts, which movement is caused either by the wind or mechanically;

(13)

Signs in conflict with traffic signals, vehicular or pedestrian travel, access to fire hydrants and fire lanes and exits, and other signs which reasonably impede or impair the public health, safety and welfare;

(14)

Signs on vehicles, boats, or trailers parked so as to be visible from a public right-of-way;

(15)

Attention getting devices;

(16)

Signs hung across any street or alley;

(17)

Signs painted on or otherwise affixed to fences;

(B)

Prohibited content.

(1)

The following content is prohibited without reference to the viewpoint of the individual speaker:

(a)

Text or graphics of an indecent or immoral nature and harmful to minors,

(b)

Text or graphics that advertise unlawful activity,

(c)

Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, or

(d)

Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).

(2)

The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each paragraph of this subsection be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or South Carolina Constitutions.

(Ord. No. 23-11, 8-14-2023)

(A)

Every sign and all parts thereof, including base, copy, framework, supports, anchors and wiring systems shall:

(1)

Be constructed and maintained in compliance with the applicable codes of the city.

(2)

Be kept in proper repair.

(3)

When not galvanized or constructed of approved corrosion resistive, noncombustible materials, be painted, when necessary, to prevent corrosion, rust, peeling paint, and excessive fading.

(B)

Failure of owners to keep signs maintained in good mechanical and visual repair shall be deemed a violation of this ordinance [article].

(C)

It shall be the duty and responsibility of the owner of every sign to maintain the immediate premises occupied by the sign in a clean condition, free of rubbish. Any landscaping surrounding the sign shall be kept trimmed and in good repair. If the landscaping installed at the time of sign approval dies, said landscaping shall be replaced immediately or as soon as weather permits.

(D)

Every existing sign shall be subject to inspection whenever the director deems it necessary. In the event an inspection demonstrates that repairs, and/or maintenance is necessary, the sign owner shall be notified and required to complete said repairs and/or maintenance within 30 days of notification. The director is authorized to grant one 30-day extension, if, upon written request, it is deemed necessary due to extenuating circumstances.

(E)

If the director shall find that any sign is unsafe or unsecure, or is a threat to the public safety, or was, after the adoption of this UDO constructed, erected, or maintained in violation of the provisions of this UDO, they shall give written notice to the sign owner. Such notice shall specify the manner in which the sign is unsafe or in violation of this UDO.

(F)

Sign copy shall be removed and in the case of a wall sign, the building facade shall be repaired, by the sign and/or property owner when the use which the sign is associated is no longer conducted on the premises. The sign copy shall be removed within 30 days of when the use ceases to operate. If the owner fails to remove the sign copy, the director shall give the owner 30 days written notice to remove it. Failure to comply with the notice shall be deemed a violation of this UDO.

(Ord. No. 23-11, 8-14-2023)

(A)

A legally established, nonconforming sign may continue to be used, except as provided in subsection (D) below.

(B)

A legally established, nonconforming sign shall not be expanded, extended, rebuilt, altered, modified (including but not limited to business rebranding, change of ownership, or transfer of the property) or reconstructed in any way, except as provided in subsection (E) below.

(C)

All such legally established, nonconforming signs must be demolished, removed, or made to conform upon the addition of any new signage to the site or structure upon which the legally established, nonconforming sign is located, except as provided in subsection (E) below.

(D)

Any legally established, nonconforming multi-tenant monument sign shall be permitted to remain until August 14, 2033, which is ten years from the effective date of the adoption of the ordinance, but which time they shall be demolished, removed, or made to conform. During the ten-year amortization period during which a legally established, nonconforming multi-tenant monument sign may continue to be used, the city may not refuse to issue or condition the issuance of a sign permit for modification or alteration to the sign upon rebranding or change of ownership of any existing business if the modification or alteration does not include a structural change in the sign and does not increase the extent of the nonconformance.

(E)

Any legally established, nonconforming off-premises outdoor advertising sign may be maintained and modified (including, but not limited to, business rebranding, change of ownership, or transfer of the property) in accordance with South Carolina Code of Laws Title 39.

(Ord. No. 23-11, 8-14-2023)

(A)

Permits. No signs identified as requiring a permit in Table 12-02 may be erected, altered, moved, or repaired within the City of Anderson until a sign permit has been issued by the director and a building permit issued by the building official as certification that the requirements of the ordinance have been satisfied and that all fees have been paid. The director may order the removal of any sign which, after a permit has been obtained, is not constructed in accordance with this ordinance and the approved permit.

(B)

Application requirements. Any sign permit applicant shall provide at a minimum the following information to the city:

(1)

A site plan, showing the specific location of the existing and/or proposed sign(s) on the applicable site, relative to the property line(s) and right(s)-of-way.

(2)

A photograph or drawing depicting the existing and/or proposed sign(s).

(3)

The number of existing and/or proposed sign faces.

(4)

The dimensions of the existing and/or proposed sign(s) including the height and square footage per sign face.

(5)

The designated primary and secondary building walls (PBW and SBW), as well as the dimensions and area of each.

(6)

The total cost of the existing and/or proposed sign(s), including the installation cost.

(7)

Sign material, lighting, and color if sign is being placed in an historic overlay zone and is therefore under the jurisdiction of the board of architectural review.

(C)

Fees. Any sign permit applicant shall be required to pay an administrative fee, as determined by the city council.

(D)

Tags. A permanent permit or tag shall be affixed to every sign approved for erection. The permit or tag shall remain the property of the City of Anderson and shall not be removed without permission of the director.

(Ord. No. 23-11, 8-14-2023)

(A)

Intent. The intent of the comprehensive sign plan is to provide an alternative procedure under which signs can be designed, constructed, and erected with innovation, imagination, and creative architecture. The objective of the comprehensive sign plan is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable sign regulations.

(B)

Applicability. Any building or development may elect to submit a comprehensive sign plan. After the approval of a comprehensive sign plan, no permanent sign shall be erected, placed, or maintained except in conformance with the comprehensive sign plan.

(C)

Conditions. The director may attach conditions, requirements, or standards necessary to assure that the signs covered by the comprehensive sign plan will not be materially detrimental to persons or property in the vicinity. In making its determination, the director shall not base any condition on the content of a sign.

(D)

Evaluation criteria.

(1)

Placement. All signs shall be placed where they are visible and legible. Factors to be considered include the location of a sign relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. Wall signs may be approved on building walls other than the wall of a tenant space of a multi-tenant building in which some tenant spaces have little or no visibility from the street.

(2)

Quantity. The number of signs that may be approved within any development shall be sufficient to provide necessary facilitation of internal circulation of vehicular and pedestrian traffic and wayfinding for safety of the occupants of vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of the development and the number of development sub-areas.

(3)

Area and height. All signs shall comply with the sign area and height requirements established for the sign type as established in section 12.6(A).

(E)

Application. A comprehensive sign plan shall be submitted on a form established by the director. the application shall contain the following information as well as all other information required by the director to ensure compliance with the comprehensive sign plan evaluation criteria.

(1)

Name, address, and telephone number of the applicant.

(2)

Location of building, structure, or lot to which or upon which the comprehensive sign plan shall apply.

(3)

Name of person, firm, corporation, or association developing the comprehensive sign plan.

(4)

Written consent of the owner or lessee of the building, structure, or land to which the proposed comprehensive sign plan is applicable.

(5)

Scale drawing of all signs included in the comprehensive sign plan indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment. Said drawings shall be drawn at a scale no smaller than one-eighth inch equals one foot and shall be prepared, signed, and sealed by a registered professional engineer when required by the director.

(6)

A scaled drawing indicating the location and position of all signs included in the comprehensive sign plan in relation to nearby buildings or structures. Said drawing shall be at a scale no smaller than one inch equals 50 feet.

(F)

Review and action.

(1)

Historic overlay district. In the historic overlay district, the board of architectural review shall review the comprehensive sign plan application and approve, approve with conditions, or deny the application based on the evaluation criteria. A written decision including the findings on the evaluation criteria shall be rendered to the applicant.

(2)

All other districts. In all other districts, the planning commission shall review the comprehensive sign plan application and approve, approve with conditions, or deny the application based on the evaluation criteria. A written decision including the findings on the evaluation criteria shall be rendered to the applicant.

(G)

Appeals. Any applicant who receives a notice of denial from the planning commission may, within 30 days after receipt of such decision, appeal such decision to the board of zoning appeals by filing a written notice of appeal with the director with an explanation as to why said decision was not warranted according to the applicant.

(Ord. No. 23-11, 8-14-2023)