This article is intended to complement the requirements of the building and electrical codes adopted by the town. It is also the intent of this article to support the provisions of the county sign ordinance where it is consistent with or more restrictive than this article. Wherever inconsistency exists between this article and the county sign ordinance or the building and electrical codes, the more stringent requirement shall apply.

(Ord. No. 399, § 1, 11-20-01)

No person shall erect in any manner or attach in any manner to any building, wall, fence, pole, tree or shrub, or annex to the land within the town any sign or any advertising matter of any kind whatsoever, unless expressly authorized by or exempted from this land development code. A permit shall be applied for and issued by the town manager prior to erecting any permanent accessory sign. Development excluded under section 66-3(b)(4) and (5) shall not be exempted from the provisions of this article.

(Ord. No. 399, § 1, 11-20-01)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display area, shall be maintained in accordance with the building and electrical codes adopted by the town, and shall present a neat and clean appearance. The vegetation around, in front of, behind and underneath the base of the ground signs for a distance of ten feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(Ord. No. 399, § 1, 11-20-01)

Compliance with the requirements of this article shall not constitute a defense to an action brought to abate a nuisance under the common law.

(Ord. No. 399, § 1, 11-20-01)

The following signs are prohibited unless exempted by division 2 of this article or expressly authorized by division 3 or division 4 of this article:

(1)

Signs that are in violation of the building code or electrical code adopted by the town.

(2)

Any sign that constitutes or has the potential to constitute a safety hazard.

(3)

Blank signs.

(4)

Signs with visible moving, revolving or rotating parts, visible mechanical movement of any kind, or other apparent visible movement achieved by electrical, electronic or mechanical means, including time-temperature-date signs.

(5)

Signs with the optical illusion of movement created by a design that presents a pattern giving the illusion of motion or changing of copy.

(6)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color.

(7)

Strings of lightbulbs used on commercially developed parcels for commercial purposes, excluding holiday decorations.

(8)

Signs commonly referred to as wind signs, consisting of one or more banners, flags pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move in the wind. (See figure 1 following this subsection.)

Figure 1—Wind Signs

(9)

Signs that incorporate projected images, have more than the two faces (sides), involve the use of live animals, or emit audible sound, odor or visible matter such as smoke to attract attention.

(10)

Signs or sign structures that interfere in any way with the use of any fire escape, emergency exit or standpipe, or that obstruct any window so that light or ventilation is reduced to less than that required by any provision of this land development code or other town ordinance.

(11)

Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal or be of a size, location, movement, content, color or illumination that may be reasonably confused with, construed as or conceal a traffic control device.

(12)

Signs that obstruct the vision of pedestrians, cyclists or motorists traveling on or entering public streets.

(13)

Nongovernmental signs that use the word "stop," "look" or "danger," or any similar word, phrase or symbol, except as permitted under section 74-571(11).

(14)

Signs within ten feet of a public right-of-way.

(15)

Signs within 100 feet of traffic controls that contain red, yellow or green lights that might be confused with traffic control lights.

(16)

Signs of such intensity or brilliance that they cause glare or impair the vision of any motorist, cyclist or pedestrian using or entering a public street, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics.

(17)

Signs that contain any lights or control mechanism that causes unreasonable interference with radio, television or other communication signals.

(18)

Searchlights used to advertise or promote a business or to attract customers to a property.

(19)

Signs that are painted, pasted or printed on any curbstone, flagstone or pavement or any portion of any sidewalk or street, except house numbers and traffic control signs.

(20)

Signs placed on benches, bus shelters or waste receptacles, except signs to identify public conveyances or services.

(21)

Signs erected on public property, or on private property, such as private utility poles, located on public property, other than signs erected by public authority for public purposes.

(22)

Signs erected over or across any public street, except as may otherwise be expressly authorized by this land development code, and except governmental signs erected by or on the order of the town manager.

(23)

Vehicle signs with a total sign area on any vehicle in excess of 80 square inches when the vehicle is parked for more than 60 consecutive minutes, except when the operator of the vehicle is engaged in work at that location.

(24)

Signs displaying copy that is harmful to minors.

(25)

Portable signs.

(26)

Roof signs.

(Ord. No. 399, § 1, 11-20-01)

The following signs are exempt from the provisions of this article, and from the requirements stated in this land development code that a permit be obtained for the erection of a permanent sign, provided such signs are not placed or constructed so as to violate any of the provisions of section 74-545:

(1)

Signs that are not designed or located so as to be visible from any street or adjoining property.

(2)

Signs of 80 square inches or less which include no letters, symbols, logos or designs in excess of two inches in vertical or horizontal dimension, provided that such signs do not constitute a sign prohibited by section 74-545 and are not located in the front yard setback.

(3)

Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property with permission as appropriate from the United States, the state, the county or the town.

(4)

Legal notices and official instructions.

(5)

Decorative flags, banners and bunting for a celebration, convention or commemoration of significance to the community, when authorized by the town manager for a prescribed period of time.

(6)

Holiday lights, religious displays and decorations.

(7)

Merchandise displays behind storefront windows if no part of the display moves or contains flashing lights, provided that any printed matter in the display combined with any permanent permitted sign may not exceed the total number of square feet allowed in the permanent sign regulations.

(8)

Memorial signs or tablets, names of buildings and dates of erection when cut into masonry surface or when constructed of bronze or other noncombustible materials and attached to the surface of a building.

(9)

Signs incorporated into machinery or equipment by a manufacturer or distributor which identify or advertise only the product or service dispensed by the machine or equipment.

(10)

Advertising and identifying signs located on taxicabs, buses, trailers, trucks or vehicle bumpers.

(11)

Warning signs to indicate the dangers of trespassing, swimming, animals or potential hazards as provided in section 74-545(13).

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. Temporary signs are allowed throughout the town, subject to the restrictions of this section and other relevant parts of the land development code. The town feels it is necessary to place restrictions on the use and placement of temporary signs in order to protect and enhance the aesthetic beauty and appearance of the town and to ensure that the proliferation of temporary signs does not create visual eyesores or litter problems. A temporary sign may be a ground or building sign. It may not be an electrical sign. Within 48 hours after the culmination of the event (sale, election, close of business, special event, etc.) to which the sign pertains, the owner or resident thereof shall remove all posted temporary signs.

(b)

Placement authorization; off-premises signs. No temporary sign shall be erected on any property without the authorization of the owner or resident thereof. Temporary off-premises signs for the purpose of providing direction or advertising a sale or event are prohibited.

No temporary sign shall be erected on any property without the authorization of the property owner of resident thereof.

Temporary signs for the purpose of providing direction or advertising of a garage sale, yard sale, estate sale, automobile sale and the like are to be placed only on the property of the residence where a permit has been issued for such sale.

(c)

Placement standard. Temporary signs and support structures are to be posted not less than ten feet from the edge of a street and shall not be posted on or over a public right-of-way or easement.

(d)

Content. A temporary sign may display any message as long as it is:

(1)

Not harmful to minors.

(2)

For a specific, special, one-time event or function that does not normally occur more than once a year (i.e., sale of property, construction in progress, election or grand opening).

(e)

Size, height and number.

(1)

RE, R-1 and R-2 districts. A parcel on which a one-family or two-family residence is located may display signage of six square feet per residence with no sign exceeding five square feet in size. No sign, including its support, shall exceed four feet in height.

(2)

All other zoning districts. All other parcels may display six square feet of temporary signage per 100 feet of frontage, up to a maximum of 24 square feet of signage. No sign, including its support, shall be more than eight feet in height.

(3)

Exception. Notwithstanding the foregoing height and size restrictions a person engaging in the sale of residential or real property shall be permitted to install one additional temporary sign that shall not exceed five square feet in size and shall not be more than four feet in height, including its supports. The aforementioned additional temporary sign shall be permitted on the property for a maximum of 12 hours per week and shall be no more that three feet apart from any other temporary sign on the property. In addition, notwithstanding the prohibition in subsection (b) above, the additional temporary sign contemplated in this subsection or a temporary sign contemplated generally in this section may provide direction or advertise the sale or event related to the sale of residential or real property. This exception shall expressly apply to persons engaging in the sale of residential real estate. All provisions of this section and applicable provisions of the land development code shall apply to any additional temporary sign permitted by this section.

(f)

Removal of illegal signs. Any temporary sign not complying with the requirements of this section is illegal, and the town is authorized to remove and dispose of all illegal temporary signs and assess a fee as provided in appendix B to this Code for such removal.

(Ord. No. 399, § 1, 11-20-01; Ord. No. 402, § 1, 1-15-02; Ord. No 409, § 1, 1-7-03; Ord. No. 452, § 1, 7-15-08)

(a)

A permanent accessory sign may be a ground or building sign. No such signs are allowed in the RE, R-1 and R-2 zoning districts except those allowed in section 74-575.

(b)

A permanent accessory sign may display any message which is not harmful to minors.

(c)

Permissible number, area, spacing and height of permanent accessory signs are as follows:

(1)

RM-15, RPD, hotel, golf course and SPM districts. One sign, either a ground sign or a building sign, is permitted. A ground sign shall not exceed a sign area of 20 square feet, nor shall it be more than six feet in height above the ground. A building sign shall not exceed a sign area of 20 square feet, nor shall it exceed a height of ten feet above the ground.

(2)

Single-occupancy commercial complex. One sign, either a ground sign or a building sign, is permitted. A ground sign shall not exceed a sign area of 20 square feet, nor shall it be more than six feet in height above the ground. A building sign shall not exceed a sign area of 20 square feet, nor shall it exceed a height of ten feet above the ground.

(3)

Multiple-occupancy commercial complex, general sign. One sign, either a ground sign or a building sign, is permitted. A ground sign shall not exceed a sign area of 20 square feet, nor shall it be more than six feet in height above the ground. A building sign shall not exceed a sign area of 20 square feet, nor shall it exceed a height of ten feet above the ground.

(4)

Multiple-occupancy commercial complex, occupant signs. One or more building signs, displayed on any exterior portion of the complex that is part of the occupant's unit (not including a common or jointly owned area), is permitted, not to exceed a total sign area of six square feet.

(d)

Any sign not complying with the requirements of this section is illegal and subject to immediate removal, except for those signs covered in section 66-252(b)(2)c.

(Ord. No. 399, § 1, 11-20-01)

Directional signs limited in area to four square feet which give directions to motorists regarding the location of parking area and access to drives shall be permitted as permanent accessory signs on all parcels, and shall not be counted as part of an occupant's allowable sign area.

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. A permanent accessory sign may be displayed at the entrance to residential development.

(b)

Restrictions.

(1)

One sign is permitted at only one entrance into the development from each abutting street. The sign may be a single sign with two faces of equal size, or may be two single-faced structures of equal size located on each side of the entrance. No face of the sign shall exceed 20 square feet in size.

(2)

When reviewing the placement of such signs, the location of public utilities, sidewalks and future street widenings shall be considered.

(3)

Signs shall be maintained perpetually by the developer, the owner of the sign, a pertinent owner's association or some other person who is legally accountable under a maintenance arrangement. If no accountable person accepts legal responsibility to maintain the signs and no other provision has been made for their maintenance, the signs shall be removed by the town, and the developer or owner shall pay all cost of removal.

(Ord. No. 399, § 1, 11-20-01)

(a)

Number. Not more than three flags or insignias may be displayed on any one parcel of land.

(b)

Size. The maximum distance from top to bottom of any flag shall be 20 percent of the total height of the flagpole, or, in the absence of a flagpole, 20 percent of the distance from the top of the flag or insignia to the ground. (See figure 2 following this section.)

Figure 2—Flag Size

(Ord. No. 399, § 1, 11-20-01)

Sec. 74-577.

Utility signs.

Public utility signs that identify the location of underground utility lines and facilities, high-voltage lines and other facilities and appurtenances are permitted so long as they do not exceed three feet in height and the sign face does not exceed one-half square foot.

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.

(b)

Special situations.

(1)

Where a sign is composed of letters or pictures attached directly to a facade, window, door or marquee and the letters or pictures are not enclosed by a border or trimming, the sign area shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures. (See figure 3 following this subsection.)

Figure 3—Area of Sign with Letters or Pictures Attached Directly to a Wall, Window, Door, etc. (Without a Border)

(2)

Where two sign faces are placed back to back on a single sign structure and the faces are at no point more than three feet apart, the area of the sign shall be counted as the area of one of the faces.

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. Each noncontiguous sign face shall be counted as one sign.

(b)

Special situations. Where two sign faces are placed back to back and are at no point more than three feet apart, they shall be counted as one sign.

(Ord. No. 399, § 1, 11-20-01)

The height of a sign shall be measured as the vertical distance from the finished grade at the base of the supporting structure to the top of the sign or its frame or supporting structure, whichever is highest.

(Ord. No. 399, § 1, 11-20-01)

All permanent signs must comply with the design, construction and location standards set out in this division.

(Ord. No. 399, § 1, 11-20-01)

All permanent signs and their illuminations shall be designed, constructed and maintained in conformance with applicable provisions of the building and electrical codes adopted by the town.

(Ord. No. 399, § 1, 11-20-01)

(a)

Sign lighting shall not be designed or located to cause confusion with traffic lights.

(b)

Illumination by floodlights or spotlights is permitted provided that no light shines directly onto an adjoining property or obstructs the vision of motorists or pedestrians using or entering a public street.

(c)

Illuminated signs shall not have lighting mechanisms that project more than 18 inches perpendicularly from any surface of the sign over public space.

(d)

Illumination of signs in commercial districts, hotel districts and golf course districts shall not be permitted between the hours of 8:00 p.m. and 8:00 a.m. However, if an entity illuminating a sign is open for business and operating, illumination of signs shall be allowed during those operating hours.

(Ord. No. 399, § 1, 11-20-01)

(a)

Placement near street and driveway intersections. Signs located within a clear visibility triangle shall conform to the requirements of section 74-153.

(b)

Placement in right-of-way. Signs and support structures are to be posted not less than ten feet from the edge of a street, and shall not be posted on a public right-of-way or easement.

(c)

Projection over right-of-way. No sign shall project over a public right-of-way except as specifically authorized by this land development code.

(d)

Blocking exits, fire escapes, etc. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit or standpipe.

(Ord. No. 399, § 1, 11-20-01)

(a)

Clearance over pedestrian ways. All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance.

(b)

Clearance over vehicular ways. All signs over vehicular ways shall provide a minimum of 13 feet six inches of clearance.

(Ord. No. 399, § 1, 11-20-01)

A building sign shall not extend beyond any edge of the surface to which it is attached, nor shall it disrupt a major architectural feature of the building. (See figures 4 and 5 following this section.)

Figure 4—A Building Sign Shall Not Extend Beyond Any Edge of the Surface to Which it is Attached

Figure 5—A Building Sign May Not Disrupt Architectural Features of the Building

(Ord. No. 399, § 1, 11-20-01)

A building sign may project no more than four feet perpendicularly from the surface to which it is attached.

(Ord. No. 399, § 1, 11-20-01)

The combined area of permanent and temporary signs placed on or behind windows shall not exceed 25 percent of the total window area at the same floor level on the side of the building or unit upon which the signs are displayed.

(Ord. No. 399, § 1, 11-20-01)

Building signs for multiple-occupancy complexes constructed or remodeled after the effective date of this land development code shall conform to an approved sign format. The sign format shall be included as a submittal for authorization to erect such a sign, and shall be maintained on file by the town. The format shall be presented in a plan or sketch with written specifications in sufficient detail to enable the town manager to authorize signs based on the specifications. At a minimum, the sign format shall specify the types of signs and dimensions, not to exceed the size limits contained in this article, which will be permitted each occupant within the complex. The sign format shall also contain common design elements such as placement, color, shape or style of lettering which lend a unified appearance to the signs of all the occupants within the complex. The sign format may only be modified with the approval of the town manager upon submission of a revised plan and specifications detailing the revised format.

(Ord. No. 399, § 1, 11-20-01)