Buchanan Town City Zoning Code
ARTICLE VIII
Signs
§ 525-54 Purpose.
The purpose of this article is to create the legal framework to regulate, administer, and enforce outdoor sign advertising and display. This article recognizes the need to protect the safety and welfare of the public and the need for well-maintained and attractive sign displays within the community and the need for adequate business identification, advertising, and communication. Signs shall also be consistent with the Comprehensive Plan. No sign shall hereafter be erected, hung, placed, altered, or moved except in conformity with the regulations of this article.
§ 525-55 Authorization.
This article authorizes the use of signs, provided the signs are:
A.
Complying with this chapter.
B.
Designed, constructed, installed, and maintained in such a manner they do not endanger public safety or traffic safety.
C.
Legible, readable, and visible in the circumstances they are used.
D.
Respectful of the reasonable rights of other advertisers whose messages are displayed.
§ 525-56 Permits and construction specifications.
A.
Permits required. It shall be unlawful for any person to erect, construct, enlarge or structurally modify a sign or cause the same to be done in Buchanan without first obtaining a sign permit for each sign as required by this article.
B.
Permits shall not be required for a change of copy of any sign, nor for the repainting, cleaning and other normal maintenance and repair of the sign and sign structure.
C.
Application for a permit. Application for a permit shall be filed with Administrator upon forms provided by the department and shall contain the following information:
(1)
The name, address and telephone number of the sign owner, the property owner, where the sign is or will be located and the sign contractor of the proposed sign.
(2)
Clear and legible drawings with description and nominal dimensions of the proposed sign, the construction, size, dimensions, and kind of materials to be used in such structure. The site plan shall show the buildings on the premises upon which the structure is to be erected and maintained together with locations, setbacks, size, and types of existing signs on the premises where the proposed sign is to be located. All dimensions shall be indicated for the sign and the site plan elements.
(3)
Calculations or evidence showing the structure and design meet the requirements of these regulations for wind pressure load.
(4)
Such other information as may be required to show full compliance with this and all other applicable laws.
D.
Construction specifications.
(1)
Every sign or advertising structure hereafter erected shall have marked in a conspicuous place thereon the date of erection, the manufacturer's name, the permit number, and the voltage of any electrical apparatus used in connection therewith.
(2)
All signs shall comply with the provisions of Chapter 230, Building Construction, the current National Electrical Code, and the additional construction standards hereinafter set forth.
(3)
All ground sign structures shall be self-supporting structures and permanently attached to sufficient foundations.
(4)
Electrical service to ground signs shall be concealed wherever possible.
(5)
All signs, except those attached flat against the wall of a building and those signs of which no portion exceeds a height of three feet and are no greater than nine square feet in area, shall be constructed to withstand wind loads of 30 pounds per square foot of the sign and structure, with correct engineering adjustments for the height of the sign above grade.
(6)
No sign shall be suspended by chains or other devices to allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.
(7)
Supports and braces shall be an integral part of the sign design. Angle irons, chain or wires used for supports or braces shall be hidden from public view to the extent technically feasible.
E.
Permit fees. A fee shall be required prior to issuance of permits and shall be set from time to time by the Board. Signs installed without a permit shall be removed after proper notice.
F.
Permit issuance and denial. The Building Inspector or designee shall issue a permit for the erection, structural alteration, enlargement, or relocation of a sign when the permit application is properly made, all appropriate fees have been made, and the sign complies with the appropriate laws and regulations. If the sign permit is denied, written notice of the denial shall be provided to the applicant, together with a brief statement of the reasons for the denial, along with the return of all permit fees and papers.
G.
Sign permit appeal. In the event any of the requirements herein contained cause undue or unnecessary hardship on any person, firm, or corporation, a variance from dimensional requirements may be applied for to the Board of Appeals. An application for a variance must be made within 10 days after receipt of the notice the sign involved does not conform to the regulations. In the event the appeal is not made in writing to the Board of Appeals within such ten-day period, a variance shall not be granted. The Board of Appeals shall take action on any variance request within 60 days of receipt of the variance application. The Administrator or designee shall comply with and enforce the Board of Appeals' decision.
H.
Sign exemption. A sign may be determined to be exempt from the sign regulations herein if it can be shown the sign is necessary for safety reasons and there are no other alternatives to complying with the regulations herein. The Administrator or designee shall make this determination upon a written request from the applicant stating the reasons for exemption.
I.
Indemnification for sign installation and maintenance. All persons engaging in the installation or maintenance of signs which involves in whole or in part the erection, alteration, relocation, maintenance of a sign or other sign work in, over or immediately adjacent to a public right-of-way or public property, when such property is used or encroached upon, shall agree to hold harmless and indemnify Buchanan, its officers, agents, employees from any and all claims resulting from erection, alteration, relocation, maintenance of the sign or any other sign work insofar as these regulations has not specifically directed the placement of the sign.
§ 525-57 Sign type definitions.
The following definitions shall be applicable in this article:
A-FRAME SIGN
A sign shaped like an "A" or sandwich board sign and is used on a more temporary basis and is moveable around a site.
ABANDONED SIGN
A sign which no longer correctly identifies or advertises a bona fide business, lessor, owner, product or activity.
BANNER SIGN
Any sign that is displayed between two posts affixed to the ground or affixed flat against a wall. The banner may consist of the following materials and is able to be rolled or folded up, all other materials shall be prohibited: canvas, cloth, fabric, vinyl and similar materials.
CANOPY SIGN
Any sign incorporated into or attached to a canopy, marquee, or awning.
CHANGEABLE MESSAGE SIGN
A sign displaying words, lines, logos, or symbols which can be changed manually, mechanically, or electronically to provide different information without altering the face or surface of such sign. Changeable message signs include but are not limited to time and temperature signs and reader boards.
DIRECTIONAL SIGN
Any sign limited to providing directions and information necessary or convenient for visitors or clients coming onto a premises. This includes but is not limited to such signs as those identifying restrooms, delivery areas, parking areas, entrances, and exits.
DRIVE-THROUGH SIGN
Any nonilluminated or illuminated, digital sign located on the premises of a drive-through use used to communicate information between buyer and seller and may have an intercom and/or speaker(s).
ELECTRIC SIGN
Any sign containing or using electrical wiring, but not including signs illuminated by an exterior light source.
FLAG SIGN
Any sign that is attached to one post affixed to the ground or attached to one post that is affixed to a wall. The flag may consist of the following materials which are able to be rolled or folded up, all other materials shall be prohibited: canvas, cloth, fabric, vinyl and similar materials.
FLASHING SIGN
Any sign containing an intermittent or flashing light source or includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source including scrolling signs/messages, but excluding changeable message signs.
GOVERNMENT SIGN
Any sign for control of traffic and other regulatory purposes, danger signs, railroad crossings signs, and signs of public utilities, including danger and aids to service and safety erected by or on the order of a public officer in the performance of his/her public duty.
ILLUMINATED SIGN
A sign lit by an artificial light source either directed upon it or illuminated from an interior source.
INFLATABLE SIGN
Any sign, advertising device, or balloon larger than 18 inches in diameter that is or can be filled with air or gas. This includes any three-dimensional ambient air-filled in the shape of a container, figure, or product.
INTERIOR SIGN
Any sign located within the interior of any building or structure excluding window signs.
LEGAL NONCONFORMING SIGN
A sign meeting regulations at the time it was originally installed but does not conform to the current sign regulations.
MEMORIAL SIGN/PLAQUE
Memorial signs or tablets, names of buildings, and date of erection, cut into masonry surface or inlaid so as to be part of a building, or when constructed of bronze or other noncombustible material.
MONUMENT GROUND SIGN
Any sign that is independent from any building which has a structural base of not less than 75% the width of the sign. (Example: a sign that is eight feet wide would require a structural base of six feet or more in width.)
NONCONFORMING SIGN
A sign not in conformance with Code regulations, excluding legal nonconforming signs.
PERMANENT SIGN
Any sign which is intended to be permanently affixed to the ground or structure as permitted in these regulations and is not a temporary sign.
PORTABLE SIGN
Any sign designed or intended to be moved easily and not permanently embedded in the ground or affixed to a building or other structure. Portable signs include but are not limited to trailer signs or other signs with wheels or similar type signs (menu and sandwich boards, and A-frame signs are excluded).
PROJECTING SIGN
A sign, which may be double-faced, attached to and projects horizontally out from a structure or building fascia.
PUBLIC NOTICE
Any official notice posted by public officers or employers in the performance of their duties as may be required by state statute.
PUBLIC SIGN
Any sign required as specifically authorized for a public purpose by any law, statute, or ordinance.
ROOF SIGN
A sign erected upon, against, or above a roof wholly supported by the roof structure.
SWINGING SIGN
A sign installed on an arm, mast, or spar in which the sign is able to swing or move.
TEMPORARY SIGN
A sign intended or designed for temporary display which is not a permanent sign as defined in this article
VEHICULAR SIGN
Any temporary sign displayed on the exterior of a truck, bus, trailer, or other vehicle, which is parked primarily for the display of a sign. Displayed is defined as a temporary sign that is hung, taped, stapled or otherwise affixed to the vehicle that is not already integrated into the body of the vehicle.
WALL SIGN
A sign attached to the wall of a building. They shall not project away from the wall more than 12 inches. This includes signs painted directly on a wall.
WINDOW SIGN
A sign installed in or on a window for purposes of viewing from outside the premises.
§ 525-58 General definitions.
As used in this article, the following terms shall have the meanings indicated:
COPY AREA
The geometric area in square feet enclosing the sign copy.
GROSS AREA
The area of a sign determined by the outside perimeter dimensions of the sign, excluding any necessary supports on which the sign may be placed except that the structural base of a ground monument sign shall be included in the area of the sign. If the sign consists of more than one modular section, their areas will be totaled. If the modules are formed in the shape of letters or symbols, the rules for copy area apply.
HEIGHT OF SIGN
The vertical distance measured from the average grade of a sign to the highest point of such sign or structure.
SIGN
Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, used to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, or business of solicitation, including any permanently installed or situated merchandise. Signs shall also include all sign structures.
SIGN CONTRACTOR
Any person, partnership, or corporation engaged in whole or in part in the erection or maintenance of signs, excluding the business or entity the sign advertises.
SIGN COPY
Any combination of letters, numbers, or images intended to inform, direct, advertise, or otherwise transmit information.
§ 525-59 Legal nonconforming signs.
A.
Notification of nonconformance. Upon determination a sign is nonconforming, the Administrator or designee shall use reasonable efforts to notify, either personally or in writing, the user or owner of the property on which the sign is located of the following:
(1)
The sign's nonconformity.
(2)
Whether the sign is eligible for characterization as a legal nonconforming sign or is unlawful.
B.
Signs eligible for characterization as legal nonconforming. Any sign located within Buchanan on the date of adoption of this article, which does not conform with the provisions of this article, is eligible for characterization as a legal nonconforming sign and is permitted, providing it also meets the following requirements:
(1)
The sign was covered by a proper sign permit prior to the date of adoption of this article.
(2)
No permit was required under applicable law for the sign in question, and the sign was, in all respects, in compliance with applicable law on the date of adoption of this article.
C.
Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:
(1)
The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with the requirements before alteration.
(2)
The sign is relocated.
(3)
The sign fails to conform to this article regarding maintenance and repair, abandonment, or dangerous or defective signs.
(4)
The sign is destroyed by any means to the extent of more than 50% of its fair market value, except as provided in § 60.61(5m), Wis. Stats.
(5)
On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article with a new permit secured or shall be removed.
D.
Legal nonconforming sign maintenance and repair. Nothing in these regulations shall relieve the owner or user of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of these regulations regarding safety, maintenance, and repair of signs.
§ 525-60 Removal and disposition of signs.
A.
Maintenance and repair.
(1)
Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting (except when a weathered or natural surface is intended), repainting, cleaning and other acts required for the maintenance of said sign.
(2)
The Administrator or designee may require compliance with all standards of these regulations. If the sign is not modified to comply with the safety standards outlined in these regulations, the Administrator or designee may require its removal in accordance with this article.
B.
Abandoned signs. All signs or sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertises is no longer conducted or, for an off-premises sign, when lease payments and rental income are no longer provided. The Administrator or designee shall give the owner 60 days' written notice to remove the sign. If the sign is not removed, Buchanan may cause removal to be executed, the expenses of which may be assessed on the tax roll to the property on which the abandoned sign is located.
C.
Deteriorated or dilapidated signs. The Administrator or designee shall cause to be removed any deteriorated or dilapidated signs.
§ 525-61 Prohibited signs.
The following signs shall be prohibited within Buchanan unless otherwise permitted:
A.
Abandoned signs.
B.
Flashing signs. All blinking and flashing signs are prohibited. Changeable-message signs are permitted.
C.
Portable signs.
D.
Signs within the right-of-way other than traffic control signs and those signs permitted by the department of transportation having jurisdiction over the said right-of-way.
E.
Swinging signs.
F.
Reflective signs.
G.
Roof signs.
H.
Unclassified signs which include signs imitating or resemble in shape, size, copy or color an official traffic sign or signal.
I.
Vehicular signs on parked vehicles, including but not limited to cars, trucks, semitrailers, containers or trailers, with the intention of using as a sign.
§ 525-62 Signs not requiring a permit.
No sign shall be located within the required vision triangle or within the right-of-way. The following signs do not require a permit and are permitted in all zoning districts in addition to the temporary signs identified in Table 525-62.
A.
Government signs.
B.
House numbers and name plates. Each building in Buchanan, which has a street address, shall be in compliance with Outagamie County requirements and standards.
C.
Interior signs.
D.
Memorial signs and plaques. Not more than four square feet in gross area.
E.
Public notices.
F.
Public signs.
Table 525-62 Temporary Signs not requiring a permit. | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Temporary Sign Type | Max Gross Area per sign in square feet | Max Height from average grade per sign in feet | Setback in feet | Allowed on Ground | Allowed on Building | Allowed on Roof | Allowed on Vehicles/Equipment | Lighting Allowed | Number of Signs | Sign Duration | Is a permit required YES/NO? |
1.5 sign | 1.5 | 10 | NA | Yes | Yes | No | No | No | 1 per property line | 364 days per year | No |
4 sign | 4 | 10 | NA | Yes | Yes | No | No | No | 1 per parcel | 90 days per year | No |
Sign during election campaign period as set forth in § 12.04, Wis. Stats. | 11 | NA | NA | NA | NA | NA | NA | NA | 1 per political candidate per parcel on the Buchanan ballot | Election Campaign Period | No |
Signs on property under construction with a valid Buchanan permit | 8 sq. ft. for agriculturally and residentially Zoned property/32 sq. ft. for all other zoned property | 10 | NA | Yes | Yes | No | No | No | 1 per parcel per road frontage | Sign shall be removed within 30 days after construction is complete or expiration of permit | No |
Signs on property for sale or lease when under contract with a licensed real estate broker | 8 sq. ft. for residentially zoned property of used for residential purposes/32 sq. ft. for all other zoned property | 10 | NA | Yes | Yes | No | No | No | 1 per parcel per road frontage | Sign shall be removed within 30 days after sale or lease is complete or expiration of real estate contract with licensed broker | No |
Signs on property under construction for a residential subdivision | 100 | 10 | NA | Yes | Yes | No | No | No | 1 for each arterial or collector road adjacent the subdivision/development | Sign shall be removed within 30 days after the last parcel within the subdivision is sold or within 5 years of recording of the final plat, whichever comes first. | No |
§ 525-63 Permitted temporary signs.
Permitted temporary signs are allowed in zoning districts as shown in Table 525-63-1 and Diagram 525-63-1 with dimensional standards contained in Table 525-63-2.
Table 525-63-1 Permitted Temporary Sign Type and Zoning District | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
P = Permitted Use | Grey Shading = Prohibited Use | ||||||||||||||
Temporary Sign Type | See Diagram | AGD General Agricultural | CON Conservancy Overlay | RR Rural Residential | RSF Single Family Residential | RTF Two Family Residential | STFR Single and Two-Family Residential | MMR Missing Middle Residential | MDR Medium Density Residential | CL Local Commercial | CR Regional Commercial | CP Planned Commercial | IND Industrial | PI Public/Institutional | Is a permit required YES/NO? |
Banners/flags | 525-63-1 | P | P | P | P | P | Yes | ||||||||
Inflatables | 525-63-1 | P | P | P | P | P | Yes | ||||||||
Signs on property during special event when a special event permit has been issued | Approved through the special event application and approval process | ||||||||||||||
Table 525-63-2 Permitted Temporary Sign Dimensional Regulations | |||
|---|---|---|---|
Temporary Sign Type | Banners/Flags | Inflatables | Signs on Property During Special Event When a Special Event Permit Has Been Issued |
See the following section for additional regulations | N/A | N/A | Approved through the special event application and approval process |
Gross area per sign in square feet | 32 | 20 ft. x 20 ft. | |
Max height from average grade per sign in feet | 20 | 20 | |
Setback in feet | NA | 10 | |
Allowed on ground | Yes | Yes | |
Allowed on building | Yes | No | |
Allowed on roof | No | No | |
Allowed on vehicles/equipment | No | No | |
Lighting allowed | No | No | |
Permit required | Yes | Yes | |
Number of permits per year per property per use/business | 4 | 1 | |
Number of signs per permit | 1 | 1 | |
Permit duration | 30 Days | 30 Days | |
Diagram 525-63-1. Permitted Temporary Sign Types  |
§ 525-64 Permitted permanent signs.
Permitted temporary signs are allowed in zoning districts as shown in Table 525-64-1, Diagram 525-64-1. Dimensional standards are contained in Table 525-64-2.
Table 525-64-1: Permitted Permanent Sign Dimensional Regulations | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
P = Permitted | Grey Shading = Prohibited Use | |||||||||||
Permanent Sign Type | See Diagram | AGD General Agricultural | CON Conservancy Overlay | RR Rural Residential | STFR Single and Two-Family Residential | MMR Missing Middle Residential | MDR Medium Density Residential | CL Local Commercial | CR Regional Commercial | IND Industrial | PI Public/Institutional | Is a permit required (Yes/No?) |
A-frame signs | 525-64-1 | P | P | P | P | P | P | Yes | ||||
Canopy/awning signs shall be permitted above doors and windows | 525-64-1 | P | P | P | P | Yes | ||||||
Directional signs | 525-64-1 | P | P | P | P | P | P | P | Yes | |||
Drive-through signs | 525-64-1 | P | P | P | Yes | |||||||
Monument ground signs, nonresidential, may include changeable message signs | 525-64-1 | P | P | P | P | P | P | Yes | ||||
Monument ground signs, residential subdivision/development | 525-64-1 | P | P | P | P | Yes | ||||||
Projecting signs | 525-64-1 | P | P | P | P | Yes | ||||||
Wall signs | 525-64-1 | P | P | P | P | P | P | Yes | ||||
Window signs | 525-64-1 | P | P | P | P | Yes | ||||||
Table 525-64-2 Permitted Permanent Sign Dimensional Regulations | ||||
|---|---|---|---|---|
Permanent Sign Type | See Diagram | Max Gross Area Per Side/Face | Max Copy Area Per Side/Face | Max Height From Average Grade |
A-frame signs | 525-64-1 | 12 square feet | 12 square feet | 4 feet |
Canopy/awning signs shall be permitted above doors and windows | 525-64-1 | NA | 10 square feet per canopy/awning | Shall not be less than 8.5 feet above the grade; shall not be less than 15 feet above a driveway; shall not be above the roofline |
Directional signs | 525-64-1 | 8 square feet | 8 square feet | 6 feet if ground mounted and 10 feet if wall mounted |
Drive-through signs | 525-64-1 | 75 square feet | 75 square feet | 8 feet |
Monument ground signs, nonresidential, single business/tenant use | 525-64-1 | 150 square feet (max 2 sides) | 100 square feet (max 2 sides) | 12 feet |
Monument ground signs, nonresidential, multiple business/tenant use | 525-64-1 | 300 square feet (max 2 sides) | 225 square feet (max 2 sides) | 20 feet |
Monument ground signs, residential, subdivision/development | 525-64-1 | 150 square feet (max 2 sides) | 100 square feet | 10 feet |
Projecting signs | 525-64-1 | 100 square feet | 100 square feet | Not less than 8 feet above grade |
Wall signs | 525-64-1 | 25% of building facade area | 25% of building facade area | NA |
Window signs | 525-64-1 | NA | No more than 25% of net window area | NA |
Table 525-64-2 Permitted Permanent Sign Dimensional Regulations, Continued | |||||
|---|---|---|---|---|---|
Permanent Sign Type | Max width | Setback | Max number of signs | Sign Material | Allowed on Ground? |
A-frame signs | 3 feet | NA | 1 per business | Sturdy/durbale material, fabric is prohibited | Yes |
Canopy/awning signs shall be permitted above doors and windows | NA | NA | 1 per door or window | Sturdy/durable material, fabric is permitted | No |
Directional signs | NA | 10 feet | Signs located within 20 feet of a driveway entrance connecting to a public right-of-way = 2 | Sturdy/durable material, fabric is prohibited | Yes |
Signs located within required yards shall be 100 feet from each other | |||||
Signs located within parking lots and other open areas of a parcel = unlimited | |||||
Signs located on buildings = unlimited | |||||
Drive-through signs | NA | 10 feet | 2 per drive-through lane | Sturdy/durable material, fabric is prohibited | Yes |
Monument ground signs, nonresidential, single business/tenant use | 15 feet | 10 feet | 1 per road frontage | Sturdy/durable material, shall match the building material, fabric is prohibited | Yes |
Monument ground signs, nonresidential, multiple business/tenant use | 15 feet | 10 feet | 1 per road frontage | Sturdy/durable material, shall match the building material, fabric is prohibited | Yes |
Monument ground signs, residential, subdivision/development | NA | 10 feet | 1 for each arterial or collector road adjacent to subdivision/development | Stone/brick/masonry, fabric is prohibited | Yes |
Projecting signs | NA | NA | 1 per ground floor business premises | Sturdy/durable material, shall match the building material, fabric is prohibited | NA |
Wall signs | NA | Shall not extend more than 12 inches from building's wall surface | 1 per building facade per business/use | Sturdy/durable material, shall match the building material, fabric is prohibited | NA |
Window signs | NA | NA | 5 per building or business | Sturdy/durable material, shall match the building material, fabric is prohibited | NA |
Table 525-64-2 Permitted Permanent Sign Dimensional Regulations, Continued | ||||||
|---|---|---|---|---|---|---|
Permanent Sign Type | Allowed on Building | Allowed on Roof? | Allowed on Vehicles / Equipment | Lighting Allowed | Electronic Message Sign Allowed? | Is a permit required? |
A-frame signs | No | No | No | No | No | Yes |
Canopy/awning signs shall be permitted above doors and windows | Yes | No | No | Yes | No | Yes |
Directional signs | Yes | No | No | Yes | No | Yes |
Drive-through signs | Yes | No | No | Yes | Yes, see § 525-66 | Yes |
Monument ground signs, nonresidential, single business/tenant use | No | No | No | Yes | Yes, see § 525-66 | Yes |
Monument ground signs, nonresidential, multiple business/tenant use | No | No | No | Yes | Yes, see § 525-66 | Yes |
Monument ground signs, residential subdivision/development | No | No | No | Yes | No | Yes |
Projecting signs | Yes | No | NA | Yes | No | Yes |
Wall signs | Yes | No | NA | Yes | Yes, see § 525-66 | Yes |
Window signs | NA | NA | NA | NA | Yes, see § 525-66 | Yes |
Diagram 525-64-1 Permitted Permanent Sign Types  |
§ 525-65 Lighting of signs.
A.
Signs may be floodlighted or internally illuminated, subject to the following restrictions.
(1)
Lighting shall be effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of a public right-of-way and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or otherwise interfere with any driver's operation of a motor vehicle.
(2)
Lighting shall be effectively shielded as to prevent beams or rays of light from being directed at any residential property and which are of such intensity or brilliance as to cause a public nuisance.
(3)
No sign shall be so floodlighted or illuminated allowing it to interfere with the effectiveness of or obscures an official traffic sign, device or signal.
§ 525-66 Electronic messaging signs.
Electronic messaging signs may be permitted subject to the following regulations; Reference Table 525-64-1 and Table 525-64-2:
A.
Time and temperature and gas station price signs are exempt from these regulations.
B.
The changeable messaging sign copy area shall be incorporated into the design of the gross area of the sign.
C.
Setback from residential. The leading edge of the electronic messaging sign shall be set back a minimum distance of 200 feet from an abutting residential district boundary.
D.
The area of electronic messaging sign copy shall not exceed 50% of the maximum gross area of the sign to which they are incorporated.
E.
No sign shall be erected or maintained or be so placed or illuminated that it interferes with the effectiveness or obscures any official traffic sign, device, or signal, or any official sign as determined by the Administrator.
F.
All signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions.
G.
Maximum brightness levels for electronic signs shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn.
H.
At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels.
I.
Audio speakers shall not be permitted with any electronic messaging sign except for drive-through signs.
J.
Any form of pyrotechnics is prohibited in association with an electronic messaging signs.
K.
Electronic messaging displays are defined in four basic levels of operational modes for message transitions:
(1)
Level 1. Static display only (messages change with no transition).
(a)
Minimum display time. The electronic display shall not change at intervals of less than four seconds.
(b)
Message change sequence. The change of messages shall be accomplished immediately.
(2)
Level 2. Static display with "fade" or "dissolve" transitions, or similar transitions and frame effects not having the appearance of moving text or images.
(a)
Minimum display time. The electronic display shall not change at intervals of less than 4 seconds.
(b)
Operational limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects not having the appearance of moving text or images, but may otherwise not have movement, or the appearance of movement, or the appearance or optical illusion of movement, of any part of the sign structure, designs, or pictorial segment of the sign, including the movement of any illumination or flashing, scintillating, or varying of light intensity.
(3)
Level 3. Static display with "travel" or "scrolling" transitions, or similar transitions or frame effects that have text, graphics, or symbols that appear to move or change size, or can be revealed sequentially rather than all at once.
(a)
All Level 3 electronic messaging signs are prohibited.
(4)
Level 4. Graphic display signs including video, flashing, or full animation.
(a)
All Level 4 electronic messaging signs are prohibited.
L.
Existing electronic message board signs. Electronic message board signs existing prior to adoption of these standards shall be allowed to continue as is but it is encouraged to comply with the above standards.