The purpose this chapter is to carry out the vision of the Plan Brandon Comprehensive Plan by:

1.

Create order in the establishment of certain signs so as to protect property values;

2.

Reduce traffic hazards;

3.

Prevent the accumulation of trash;

4.

Encourage attractive community appearance;

5.

And generally protect the health, safety, and public welfare.

These purposes shall be achieved by governing the location, size, and other characteristics of signs in each of the use districts established by this chapter. Further, it is the intention of the section to:

1.

Provide for the orderly and attractive advertisement of business within the city;

2.

Facilitate the appropriate display of signs as related to the land, building, or use to which they are appurtenant;

3.

Avoid excessive competition and clutter among sign display; [and]

4.

Coordinate signs in commercial areas now in existence, and in proposed commercial and industrial areas, in such a manner that the overall appearance is harmonious in color, form and proportion.

(Ord. of 4-6-20(1), Exh. A)

In order to achieve the purposes of this section, the following sign types are hereby established:

Expand

8.2 Table of Sign Types
Type and Definition	Sign Category	Illustrative Examples
Temporary sign—These signs which are intended to display a temporary condition such as the sale of property, special community event or special sale event. These signs include banners, garage sale, sidewalk, and real estate signs.	On-premises—Freestanding or attached
Neighborhood identification sign—A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision.	On-premises freestanding sign
Construction sign (including future development)—Sign displaying the current or future construction information related to site.	On-premises freestanding sign
Directional sign—Signs directing vehicles and pedestrians to specific site locations such as entrances and exits.	On-premises freestanding sign
Ground sign (with or without reader board)—A sign suspended or supported by one or more uprights or braces anchored in the ground with no more than 30 inches clearance from the bottom of the sign to the ground below.	On-premises freestanding sign
Wall sign—A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than six inches from such building or structure.	On-premises attached sign
Pole sign—As sign that is mounted on a freestanding pole or other support so that the bottom edge of the face is six feet or more above grade.	On-premises freestanding sign
Projecting sign—A sign that is wholly or partly dependent upon a building for support and which projects at an angle away from the building.	On-premises attached sign
Marquee sign—A permanent structure attached to the front of a building which incorporates a large message center. Typically illuminated and often ornate in design, a marquee sign projects over the entrance of the building and provides a canopy over at least a portion of the sidewalk or street.	On-premises attached sign
Canopy/awning sign—Awnings and canopies are roof-like covers that project from the wall of a building or are freestanding for the purpose of shielding from the elements. Canopies may also be freestanding, such as a covering over a service station island. The words canopy and awning do not include marquee signs.	On-premises attached sign
Outdoor advertising (billboard)—An off-premises sign which advertises goods, products, or services commonly referred to as a billboard and supported by one or more poles; such sign may be digital or consist of poster panels in the form of pasted paper or painted copy.	Off-premises freestanding sign
Political sign—Signs pertaining to candidates for public office, measures or issues on primary, general or special election ballots.	On-premises—Freestanding or attached

 

(Ord. of 4-6-20(1), Exh. A)

Unless otherwise exempt, it shall be unlawful for any person to erect, locate, or otherwise place any outdoor sign within the city limits without first obtaining a permit to do so as required by this section.

The following signs shall not require a permit for establishment:

1.

Flags, badge, or insignia customarily displayed by any private property owner, government or governmental agency or by any charitable, civic, fraternal, patriotic, religious or similar organization.

2.

Customary temporary lighting and displays as a part of holiday decorations.

3.

Signs advertising the sale or lease of real estate provided such sign does not exceed a total area of three square feet.

4.

Window signs in commercial and industrial districts, not exceeding 20 percent of the area of the window.

5.

Directional or informational signs of a public or quasi-public nature not exceeding six square feet in area at the discretion of the director of community development.

(Ord. of 4-6-20(1), Exh. A)

Signs not included the sign types established in the City of Brandon are prohibited. Such signs may include:

1.

Trailer and truck bed signs, temporary or portable, with or without wheels, except as otherwise provided herein.

2.

Flashing, moving, animated, rotating and bench signs.

3.

Any sign which is not made or produced by a professional sign company (except garage sale and yard sale signs).

4.

Inflatable animated characters or similar balloon-type devices larger than 18 inches in diameter that require tethering, string lighting, and other similar attention getting devices.

8.5.1 Billboards are hereby declared prohibited signs within the City of Brandon, subject to the right to remain within the city as nonconforming billboards.

(Ord. of 4-6-20(1), Exh. A)

Permitted sign types shall be permitted by zoning district in accordance with table 8.6 sets out the permitted sign types by zoning district.

(Ord. of 4-6-20(1), Exh. A)

Sign area, height, number and site location shall be established according to table 8.7, sign dimensions and locations.

(Ord. of 4-6-20(1), Exh. A)

8.8.1 General requirements. The following general requirements apply to signs in the City of Brandon:

• All signs requiring sign permits, except for political signs, shall be subject to site plan review.

• No sign shall be erected as to prevent free ingress or egress from any door, a window or fire escape, and no sign of any kind shall be attached to a standpipe, fire escape, stop sign, street sign or pole that supports any of the above.

• No sign shall be erected at the intersection of any streets in such a manner as to create a traffic hazard or unsafe condition.

8.8.2 Ground mounted sign design. All permanent ground mounted signs shall either utilize a double-pedestal base or a fully enclosed base as shown in illustrations 8.8.2(A) and 8.8.2(B). If the base is fully enclosed, the base will not be counted in the allowable square footage of the sign face. In either event, the area surrounding the base shall be appropriately landscaped.

8.8.3 Illumination.

1.

The illumination of any sign within 50 feet of and facing a residential zone lot line shall be diffused or indirect and designed to prevent direct rays of light from shining into adjoining residential districts, and in no event shall flashing or intermittent illumination be permitted where the sign faces directly into and/or is nearer than 300 feet to dwellings in a residential district.

2.

Any illumination of directional signage shall be nonflashing, uncolored and confined to the face of the sign.

8.8.4 Reader boards.

1.

Reader boards shall be integrated into the overall design of a sign.

2.

Reader boards may not exceed 30 percent of total allowable sign footage.

8.8.5 Political signs.

1.

Signs pertaining to candidates for public office, measures or issues on primary, general or special election ballots are permitted in all zoning districts subject to the following limitations:

• Signs shall not be placed in any portion of the public right-of-way located between a street or sidewalk and a property line fence (i.e. residential lot backs up to an arterial street) or on any public properties.

• Signs affixed to operable vehicles (i.e. truck bed sign, decaled vehicle) are permitted; however, they shall not be parked or utilized in a way which will violate the provisions of other municipal ordinances, or applicable state or federal laws.

• Signs shall be removed within ten days after the election to which it refers.

• Signs shall require a permit. Each candidate and/or political committee, shall be required to obtain one permit for all of that candidate's signs per each election. The permit fee shall be a flat fee of $5.00 per candidate per election for an unlimited number of signs for that election. The cost of the sign permit is required to off-set the administrative expense incurred by the city in administering these provisions and responding to issues regarding the placement of signs in accordance with this ordinance.

(Ord. of 4-6-20(1), Exh. A)

8.9.1 Temporary signs—Banners.

For purposes of this section, a banner shall be considered one banner although both sides are used to display a message; the sign area limitations provided in this section shall be the sign area of any one side of the banner.

Commercial banner. A person may erect or display a temporary commercial banner that advertises or calls attention to special events, promotions, sales or other commercial information associated with the business located on the premises to which the banner is attached subject to the following limitations:

• Temporary signs for new businesses shall be allowed for a period of 30 days, at no cost, while a permanent sign is being made or installed.

A person shall not display more than one commercial banner with the following exceptions:

•  A business located on a corner lot is permitted to display two commercial banners on opposite ends of the lot;

• A building with multi-businesses is permitted to display two temporary commercial banners at any time, regardless of the number of independently operated businesses located in the building.

• A commercial banner shall not be displayed for more than 30 consecutive days and no more than six times in any calendar year in all zones except VMU. A commercial banner in the VMU zone shall not be displayed for more than ten consecutive days and no more than eight times in any calendar year. The sign must be removed from display a minimum of 15 days before obtaining another permit.

• A commercial banner shall be attached to the building or, when possible, securely attached to temporary posts in the yard. Temporary posts must be removed when the sign is removed from display.

• One or both commercial banners allowed for a building may be attached to a freestanding sign that is otherwise allowed. Such banners shall be securely attached to the freestanding sign so that the face of the banner is parallel to the face of the freestanding sign.

8.9.2 Temporary town-wide event banner. A person may erect or display up to three temporary banners that advertise or promote a town-wide event (such as a parade or festival) for which the promoter or distributor of the banner provides every business located in the City of Brandon an equal opportunity to participate subject to the following limitations:

• The display location(s) for town-wide event banner(s) shall be determined by the director of community development when the permit is issued;

• Town-wide event banner(s) shall not be displayed for more than 30 consecutive days;

• (No permit fee shall be required if the temporary banner(s) is for a nonprofit organization.

8.9.3 Temporary public service announcement banner. A person may erect or display up to three temporary banners that announce or promote the programs of government or nonprofit agencies or that serve the public interest subject to the following limitations:

The display location(s) for temporary public-service announcement banner(s) shall be determined by the director of community development when the permit is issued. No permit fee shall be required for temporary public service announcement banner(s)

8.9.4 Temporary signs—Sidewalk.

1.

Sandwich boards shall have no moving parts or lights and shall be no larger than seven square feet total sign size.

2.

One sandwich board sign may be placed per street frontage per business.

3.

Signs may be placed on a sidewalk directly in front of the associated establishment. The sign shall be placed on that part of the sidewalk closest to the associated use.

4.

Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.

5.

The sign must be constructed of materials that present a finished appearance. Roughcut plywood is not acceptable. The sign frame shall be painted or stained wood or anodized aluminum or metal. Plastic framed signs are prohibited. Stenciled or spray painted signs are prohibited. The sign lettering should be professionally painted or applied; a "yard sales" or "graffiti" appearance with hand painted or paint stenciled letters is prohibited, however, chalkboard signs shall be permitted.

6.

Signs may not be illuminated.

7.

The sign shall be removed at the end of the business day and will only be displayed during regular business hours.

8.9.5 Temporary signs—Garage sale.

1.

Each residence and/or family household conducting a garage sale may have no more than four signs which may be on premises (located on the property where the sale is held) or off premises (a location other than the place where the sale is held).

2.

Off-premises garage sale signs shall be ground-mounted. In no case shall any sign be permitted to be posted, attached, nailed, stapled, etc., to any utility pole, sign, post, street sign, medians, etc., or in front of any light pole or traffic signs is not permitted.

3.

No signs shall be allowed on public rights-of-way.

4.

No signs shall be allowed beyond the entrance to the subdivision in which the sale is located.

5.

Signs shall not be posted earlier than one day prior to the sale.

6.

All signs must be removed by the close of sale or by the end of daylight on the last day of the sale.

(Ord. of 4-6-20(1), Exh. A)

1.

As an alternative to the above prescribed conditions, a comprehensive sign plan for a proposed or existing development may be approved by the mayor and board.

2.

The purpose of a comprehensive sign plan is to provide for the establishment of signage criteria that are tailored to a specific development or location, and which may vary from specific ordinance provisions.

3.

The intent is to provide for flexible sign criteria that promote superior design through architectural integration of the site, buildings and signs.

4.

A comprehensive sign plan shall include the location, size, height, construction material, color, type of illumination and orientation of all proposed signs either permanent or temporary.

5.

A comprehensive sign plan containing elements which exceed the permitted height, area and number of signs specified in this ordinance may be approved by the mayor and board only upon a finding that:

• The development site contains unique or unusual physical conditions, such as topography, proportion, size or relation to a public street that would limit or restrict normal sign visibility; or

• The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest or other distinguishing features that represent a clear variation from conventional development; or

• The proposed signage incorporates special design features such as logos, emblems, murals or statuaries that are integrated with the building architecture.

8.10.1 The construction and placement of individual signs contained in the approved comprehensive sign plan shall be subject to the issuance of sign permits in accordance with this ordinance and subject to submission of the comprehensive sign plan and the individual signs to the architectural review board for approval.

1.

All signs and components thereof, including supports, braces, and anchors, shall be maintained in like-new condition.

2.

If a sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall remove the sign and its supporting structure in its entirety within 90 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.

3.

The immediate area around a freestanding sign shall be kept clear of all debris and maintained by the landowner, or by the sign owner as agent of the landowner, in an attractive manner so as not to create visual blight.

4.

The director of community development may cause to be removed any sign on which the advertising message becomes illegible in whole or in part.

Intent: Signs which were legally in existence prior to the adoption of this ordinance which do not conform to the provisions of this ordinance are declared nonconforming signs. It is the intent of this section to recognize that the eventual elimination, as expeditiously and fairly as possible, of nonconforming signs is as much as subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance.

8.12.1 Variance from nonconforming. Signs which are legally in existence on the date of adoption of this ordinance which are within 20 percent of being in compliance with the setback, maximum height and maximum sign area allowances of this ordinance shall be deemed to be in compliance with this ordinance and not nonconforming. However, if any one requirement is greater than the allowances by more than 20 percent, the entire sign must be brought into compliance pursuant to the remainder of this section.

8.12.2 General nonconforming sign provisions.

1.

Subject to the exceptions and amortization schedule hereinafter set forth, any nonconforming signs may be continued in operation and maintained after the effective date of the sign ordinance adopted on March 21, 2016. Provided that nonconforming signs shall not be:

• Changed to or replaced with another non-conforming sign. Sign faces may be replaced as long as the replacement of the sign face will not increase the degree of non-conformity of the sign and the replacement of the sign face will not exceed 50 percent of the replacement cost of the entire sign (structure, cabinets, sign faces, etc.).

• Structurally altered so as to extend their useful life.

• Expanded.

• Relocated.

• Re-established after damage of more than 50 percent of the value at the time of such damage or destruction.

• Modified in any way that would increase the degree of nonconformity of such sign.

8.12.3 Nonconforming billboards. Outdoor advertising signs (billboards) which were legally in existence prior to the adoption of this ordinance are declared nonconforming billboards. It is the intent of this section to recognize that the eventual elimination, as expeditiously and fairly as possible, of nonconforming billboards is as much subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance. All outdoor advertising signs (billboards) heretofore lawfully constructed within the City of Brandon are hereby declared legal nonconforming billboards, and shall not be enlarged or expanded in any manner to increase their nonconformity.

8.12.4 Continuation of nonconforming billboards. Nonconforming billboards may continue provided that the nonconforming billboard shall not be:

• Changed to or replaced with another nonconforming sign except to periodically change the sign face.

• Structurally altered so as to extend their useful life.

• Expanded.

• Re-established after damage of more than 50 percent of the replacement cost of the sign.

• Modified in any way that would increase the degree of nonconformity of such sign.

8.12.5 If a nonconforming billboard remains blank for more than 180 consecutive days, that billboard shall be deemed abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, the owner of the property where the sign is located, or any other person having control over such a sign. For the purpose of this section, a sign is blank if:

• The advertising message it displays becomes illegal in whole or substantial part; or

• The advertising copy is paid for by a party other than the sign owner or is promoting an interest other than the retail use for which it was permitted.

8.12.6 Strengthening or restoring to a safe condition. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a sign or structure declared unsafe by the building inspector. Such signs may be improved only to the extent that such improvement does not exceed 50 percent of the replacement cost of the sign.

8.12.7 Petition. The owner of any existing billboard may voluntarily petition the mayor and board of aldermen to allow the relocation or modification of an existing billboard. Approval of any such petition may be conditioned on an overall net reduction in the number of billboards within the city by voluntary removal. The approval of the mayor and board of aldermen is discretionary. At a minimum, the petition shall set out the following:

• A description of any modification to an existing sign. The existing and proposed locations of a relocated sign.

• The location of any signs proposed to be removed from within the City of Brandon.

• An acknowledgement that the request is voluntary.

• The time required to remove any existing signs.

• Other such information as may be requested by the community development department.

8.12.8 Any sign approved as a result of petition shall be a permitted use under the City of Brandon Zoning Ordinance and shall be exempt from the declaration that billboards are prohibited signs within the City [of Brandon] and where permitted will not be considered a nonconforming use.

8.12.9 Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a sign or structure declared unsafe by the building inspector. Such signs may be improved only to the extent that such improvement does not exceed 50 percent of the current market value of the existing sign structure.

8.12.10 Termination of nonconforming signs/amortization schedule.

1.

Any nonconforming sign or sign structure which is partially destroyed by fire, accident, or natural cause beyond 50 percent of its current market value shall thereafter be removed or reconstructed in conformance to the provisions of this ordinance.

2.

Any nonconforming sign or sign structure which is improved and altered to comply with the provisions of this ordinance shall thereafter be considered as conforming.

3.

All other nonconforming signs or aggregate sign conditions, other than billboards, shall be removed, changed, altered, or otherwise made to conform according to table 8.12.

4.

The amortization shall begin as of the effective date of the sign ordinance adopted on March 21, 2016.

5.

For the purposes of this section, existing signs and sign structures prohibited by this ordinance shall be treated as nonconforming.

6.

The owner or operator of the sign must furnish acceptable proof of the sign's original cost in the form of:

• Original value from sign permit, if available.

• An original bill of sale, including installation costs, fees, etc.

• Depreciation schedules from federal or state tax returns showing original cost.

7.

Upon the determination of the City of Brandon that a sign remains nonconforming after termination of the allowable time periods provided for hereinabove, the city shall notify the sign owner and/or the owner of the land on which the nonconforming sign is located and such owner shall have 30 days after such written notice within which to remove said sign. At the end of the 30-day period, if the sign has not been removed or brought into compliance, the city shall issue a summons into city court.

8.

Abandonment or obsolescence of a nonconforming sign shall terminate immediately the right to maintain such a sign.

9.

Any nonconforming on-premises sign shall be removed or brought into compliance with this ordinance immediately upon a change in the principal use or ownership of the site.

10.

Signs, other than billboards, made nonconforming due to annexation into the City of Brandon after the effective date of this ordinance shall be removed or modified so as to conform according to the amortization schedules established herein; but the initiation date of the schedules shall be the effective date of annexation rather than the effective date of this ordinance.

11.

In the event a sign becomes subject to this ordinance as a result of annexation the amortization period set out in table 8.12 shall apply from and after the effective date of such annexation.

8.12.11 In the event a sign becomes nonconforming as a result of any amendment to this ordinance the amortization period set out in above shall apply from and after the effective date of such amendment.

(Ord. of 4-6-20(1), Exh. A; Ord. of 4-4-22(1)§ 1)