The intent of this subchapter is to further the goals of the Comprehensive Plan; avoid the proliferation of signage; encourage simplicity and readability of signs; encourage signs to be compatible with the scale of buildings and the surrounding area; to maintain and enhance the aesthetic environment of the town; eliminate potential hazards to motorists and pedestrians resulting form signs; and, promote the health, safety and welfare of the town.

(Ord. 2002-05, passed 12-30-2002, § 10.1)

   Under the sections below are sign regulations which are arranged by type. To determine which sign types apply to the subject zoning district, refer to the “additional standards that apply” divisions for each zoning district. The four digit codes noted in the “additional standards that apply” sections for each zoning district can be found in the sections below. Only the four-digit codes noted in the “additional standards that apply” division apply to that zoning district.

(Ord. 2002-05, passed 12-30-2002, § 10.2)

   GS-01: except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move or covert any sign, or change the permanent copy on an existing sign structure within the jurisdiction of the town’s Advisory Plan Commission, or cause the same to be done without first obtaining a sign permit from the Plan Commission.

   (A)   Inspection. Signs for which a permit is required may be inspected periodically by the Plan Commission or Zoning Administrator for compliance with this chapter and other codes of the town.

   (B)   Removal of sign.

      (1)   The Plan Commission or Zoning Administrator may order the removal of any sign erected or maintained in violation of this subchapter. A 30 days’ written notice shall be given to the owner or business operator describing the violation and to remove the sign or bring it into compliance. A three-day notice shall be given for temporary or portable signs. The Plan Commission or Zoning Administrator may remove a sign immediately and without notice if the condition of the sign presents an immediate threat to the safety of the public.

      (2)   Any cost associated with signs removed by the Plan Commission and/or his or her agent, pursuant to the provisions of this subchapter, shall be reimbursed by the owner of said sign. Should said sign not be redeemed within 60 days of its removal, it may be disposed of in any manner deemed appropriate by the town.

   (C)   Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition. If failure to maintain a sign is determined by the Plan Commission or Zoning Administrator, a written notice will be given to the owner, business operator or lessee of the property. Thirty days shall be given to the owner, business operator or lessee of the property to comply to the regulations. After 30 days, if the owner/business operator fails to comply, penalties shall be imposed according to § 156.999 of this chapter.

   (D)   Abandoned signs. A sign shall be removed by the owner of lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan Commission or Zoning Administrator shall give the owner 30 days written notice to remove it. Upon failure to comply with this notice, the Plan Commission or Zoning Administrator may remove the sign at cost to the property owner or lessee.

   (E)   Illuminated signs. All illuminated signs must meet the standards as specified in the state’s Electrical Code, as adopted and amended by the state. In addition, all illuminated signs shall comply with the following standards.

      (1)   No sign shall have blinking, flashing or fluttering lights, nor shall any device be utilized which has a changing light intensity, brightness or color, or give such illusion.

      (2)   The full number of illuminating elements shall be kept in satisfactory working condition and immediately repaired or replaced if damaged or burned out. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated.

      (3)   All electrical wiring for permanent signs shall be in conduit. All electricity for signs shall have a disconnecting switch located in a readily accessible place.

      (4)   The direct or reflected light from a primary light source shall not create a traffic hazard to operators of motor vehicles on public and/or private roadways.

      (5)   The light from any illuminated sign shall be so shaded, shielded or directed such that the light intensity or brightness will not be objectionable to the surrounding properties. No light shall shine directly onto adjacent property.

   (F)   Exempt signs. The following signs are exempt from all provisions of this chapter.

      (1)   Flags of any country, state, unit of local government, institution of higher learning or similar institutional flags. No commercial messages or logos are permitted on such flags.

      (2)   Names of building, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure. No commercial messages or logos are permitted on such integral signs.

      (3)   Public signs of a non-commercial nature and in the public interest erected by or on the order of public officer(s) in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs, memorial plaques, signs of historical interest and signs directing people to public and quasi-public facilities.

      (4)   Utility signs are permitted to mark cables and lines for public and private utilities, except if determined to be a hazard by the Plan Commission.

      (5)   Seasonal or holiday signs, including lighting erected in connection with the observance of holidays; provided that, such signs shall be removed no later than 30 days following the holiday.

   (G)   Prohibited signs. The following types signs are expressly prohibited in all zoning districts:

      (1)   Signs that utilize any motion picture, laser or visual projection of images or copy in conjunction with any business or advertisement;

      (2)   Signs that emit audible sound, odor or visible matter;

      (3)   Signs that purport to be or are in imitation of, or resemble an official traffic sign or signal or which bear the words “stop”, “slow”, “caution”, “danger”, “warning” or similar words;

      (4)   Signs that may be construed as a light of an emergency or road equipment vehicle;

      (5)   Signs that hide from view any traffic or roadway sign, signal or device;

      (6)   Signs that interfere with the vision clearance area, as defined in § 156.135 of this chapter;

      (7)   Signs that obstruct any door, fire escape, stairway or any opening intended to provide entrance or exit for any building or structure; and

      (8)   Any sign that is not expressly permitted in this subchapter.

(Ord. 2002-05, passed 12-30-2002, § 10.3)

   (A)   TS-01: the following temporary signs shall be permitted. No freestanding sign shall be located within the vision clearance area. Freestanding signs shall be a minimum of ten feet from edge of pavement. A temporary sign permit is required unless otherwise specified.

      (1)   One non-commercial freestanding sign no larger than 12 square feet. Real estate or garage/yard sale signs are considered non-commercial for the purpose of this subchapter in addition to all other non-commercial signs. No permit is required.

      (2)   One sign not more than 20 square feet in area pertaining to the sale of agricultural products raised on the premises.

      (3)   One sign not over 64 square feet in area advertising the sale of property in a subdivision under the following conditions.

         (a)   Such sign shall be located on some portion of the subdivision being advertised for sale.

         (b)   Such sign shall be maintained only during such time as some portion of the land advertised for sale remains unsold.

         (c)   Permit issued shall be issued for one-year periods and may be renewed for additional one-year periods to allow time for reasonable display.

   (B)   TS-02: the following temporary signs shall be permitted. No freestanding sign shall be located within the vision clearance area. Freestanding signs shall be a minimum of ten feet from edge of pavement. A temporary sign permit is required unless otherwise specified.

      (1)   One non-commercial freestanding sign no larger than 32 square feet. Real estate or signs for an event of public interest (e.g., county fair or church event) are considered non-commercial for the purpose of this subchapter in addition to all other non-commercial signs. No permit is required.

      (2)   Streamers and pennants are permitted for grand openings or special promotions. Such signs shall only be permitted under the following conditions.

         (a)   Such device shall not be not be used for a time to exceed 30 days in a six-month period.

         (b)   Such device shall not contain any flashing lights at anytime.

      (3)   Portable signs and banners are permitted for grand openings or special promotions under the following conditions.

         (a)   Such sign shall not be not be used for a time to exceed 30 days in a six-month period.

         (b)   Such sign shall not exceed 32 square feet.

         (c)   One portable sign is permitted per street frontage.

         (d)   Such sign shall not contain any flashing lights at anytime.

         (e)   Such sign shall not exceed nine feet in height.

      (4)   Off-site directional associated with a grand opening or special promotion not to exceed six square feet or three feet in height. Such signs are only permitted for the duration of the grand opening or special promotion.

      (5)   Construction signs are permitted only during under the following conditions.

         (a)   Such sign shall not exceed 32 square feet in area.

         (b)   Such sign shall be permitted for the duration of the construction period only.

(Ord. 2002-05, passed 12-30-2002, § 10.4)

   (A)   PS-01: the following signs shall be permitted. All signs require a permit unless otherwise specified. No freestanding sign shall be located within the vision clearance area. Freestanding signs shall be a minimum of 15 feet from edge of pavement. No sign shall be located in the right-of-way without approval of Town Council.

      (1)   One nameplate sign not exceeding a combined area of one square foot in area is permitted on the primary structure. No permit is required. No illumination is permitted.

      (2)   One sign in conjunction with a legally permitted home occupation is permitted. Said sign must not exceed four square feet and shall not be illuminated. No permit is required.

      (3)   Gateway signs for subdivisions in conjunction with a legally permitted subdivision. Two signs are permitted per entrance. Said signs shall not exceed six feet in height. Maximum size shall be 50 square feet in area.

      (4)   The following signs shall be permitted for institutional uses and parklands. All signs require a permit unless otherwise specified. No freestanding sign shall be located within the vision clearance area. No sign shall be located in the right-of-way without approval of Town Council.

         (a)   One ground sign per entrance in conjunction with a legal permitted use not exceeding six feet in height and 32 square feet in area. The sign shall be located a minimum of 15 feet from edge of pavement.

         (b)   One wall sign in conjunction with a legal permitted use not exceeding 24 square feet in area.

         (c)   Directional signs no more than three feet in height and no more than six square feet. No permit is required.

         (d)   No illuminated sign shall be permitted within 50 feet of any residential district unless it is so designed that it does not shed light on to the district.

   (B)   PS-02: the following signs shall be permitted. All signs require a permit unless otherwise specified. No freestanding sign shall be located within the vision clearance area. Freestanding signs shall be a minimum of 15 feet from edge of pavement. No sign shall be located in the right-of-way without approval of Town Council.

      (1)   One nameplate sign not exceeding one square foot in area is permitted per dwelling unit. No permit is required. No illumination is permitted.

      (2)   One sign in conjunction with a legally permitted home occupation is permitted per dwelling unit. Said sign must not exceed two square feet and shall not be illuminated. No permit is required.

      (3)   Identity signs for multi-family projects or manufactured home parks in conjunction with a legally permitted use. Two signs are permitted per entrance. Said signs shall not exceed six feet in height. Maximum size shall be 50 square feet in area.

      (4)   The following signs shall be permitted for institutional uses and parklands. All signs require a permit unless otherwise specified. No freestanding sign shall be located within the vision clearance area. No sign shall be located in the right-of-way without approval of Town Council.

         (a)   One ground sign per entrance in conjunction with a legal permitted use not exceeding six feet in height and 32 square feet in area. The sign shall be located a minimum of 15 feet from edge of pavement.

         (b)   One wall sign in conjunction with a legal permitted use not exceeding 24 square feet in area.

         (c)   Directional signs no more than three feet in height and no more than six square feet. No permit is required.

         (d)   No illuminated sign shall be permitted within 50 feet of any residential district unless it is so designed that it does not shed light on to the district.

   (C)   PS-03: the following signs shall be permitted. All signs require a permit unless otherwise specified:

      (1)   Total sign area allowed per lot: one and one-fourth times the length of building that faces the road equals the amount of signage allowed per lot. For example: if a building is 100 feet wide, then 125 square feet of signage would be allowed for the lot. Any combination of signs permitted under this section may be used as long as they do not exceed the total area allowed per lot. In addition, the following maximums apply.

         (a)   Under no circumstance may a ground sign exceed 80 square feet.

         (b)   Under no circumstance shall the total square footage of all other signs exceed 100 square feet.

      (2)   Wall sign: wall signs shall be flushed to the building;

      (3)   Awning sign;

      (4)   Ground sign: one ground sign per lot not to exceed nine feet in height. Sign area must be within the total sign area allotted per lot. Sign shall be placed a minimum of ten feet from right-of-way. No sign shall be located within the right-of-way without approval from Town Council.

      (5)   Window signs: non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required. Illuminated window signs containing a commercial message that can be seen from the road shall be counted toward the total sign area.

      (6)   Directional signs: directional signs no more than three feet in height and no more than six square feet. No permit is required and they shall not be counted toward the total area allowed per lot.

      (7)   Illumination: no illuminated sign shall be permitted within 50 feet of any residential district unless it is so designed that it does not shed light on to the district.

   (D)   PS-04: the following signs shall be permitted. All signs require a permit unless otherwise specified:

      (1)   Total sign area allowed per lot: one and one-half times the length of building that faces the road equals the amount of signage permitted per lot. For example: if a building is 100 feet wide, then 150 square feet of signage would be permitted per lot. Any combination of signs permitted under this section may be used as long as they do not exceed the total area allowed per lot. In addition, the following maximums apply.

         (a)   Under no circumstance may a freestanding sign (or ground sign) exceed 150 square feet.

         (b)   Under no circumstance shall the total square footage of all other signs exceed 200 square feet.

      (2)   Wall signs: wall signs shall be flushed to the building;

      (3)   Awning sign;

      (4)   Freestanding signs: one freestanding sign per lot not to exceed 20 feet in height. Sign shall be placed a minimum of ten feet from the right-of-way. Sign area must be within the total sign area allowed per lot;

      (5)   Window signs: non-illuminated window signs not exceeding 50% of the window area are permitted. No permit is required. Illuminated window signs containing a commercial message that can be seen from the road shall be counted toward the total sign area.

      (6)   Bonus: if a ground sign of not more than nine feet in height is used instead of a freestanding sign. The sign area allowed per lot may be increased to two times the length of the building. For example: if the length of the building is 100 feet, then the total area allowed per lot would be 200 square feet. The ground sign shall be placed a minimum of ten feet from right-of-way.

      (7)   Directional signs: directional signs no more than three feet in height and no more than six square feet. No permit is required and they shall not be counted toward the total area allowed per lot.

      (8)   Illumination: no illuminated sign shall be permitted within 50 feet of any residential district unless it is so designed that it does not shed light on to the district.

   (E)   PS-05: the following signs shall be permitted. All signs require a permit unless otherwise specified:

      (1)   Total sign area allowed per lot: two times the length of building that faces the road equals the amount of signage permitted per lot. For example: if a building is 100 feet wide, then 200 square feet of signage would be permitted per lot. Any combination of signs permitted under this section may be used as long as they do not exceed the total area allowed per lot. In addition, the following maximums apply.

         (a)   Under no circumstance may a freestanding sign (or ground sign) exceed 200 square feet.

         (b)   Under no circumstance shall the total square footage of all other signs exceed 250 square feet.

      (2)   Wall signs: wall signs shall be flushed to the building;

      (3)   Awning sign;

      (4)   Freestanding signs: one freestanding sign per lot not to exceed 20 feet in height. Sign shall be placed a minimum of ten feet from the right-of-way. Sign area must be within the total sign area allowed per lot;

      (5)   Window signs: non-illuminated window signs not exceeding 50% of the window area are permitted. No permit is required and they shall not be counted toward the total sign area. Illuminated window signs containing a commercial message that can be seen from the road shall be counted toward the total sign area;

      (6)   Bonus: if a ground sign of not more than nine feet in height is used instead of a freestanding sign. The sign area allowed per lot may be increased to 2.3 times the length of the building. For example if the length of the building is 100 feet, then the total area allowed per lot would be 230 square feet. The ground sign shall be placed a minimum of ten feet from right-of-way;

      (7)   Directional signs: directional signs no more than three feet in height and no more than six square feet. No permit is required and they shall not be counted toward the total area allowed per lot; and

      (8)   Illumination: no illuminated sign shall be permitted within 50 feet of any residential district unless it is so designed that it does not shed light on to the district.

(Ord. 2002-05, passed 12-30-2002, § 10.5)