It is the intent of this chapter to ensure that all signs within the City of Butler shall be erected, constructed and maintained in a manner which is compatible with the appearance of the surrounding neighborhood, which preserves the public safety, does not impede the visibility of traffic and generally promotes the aesthetic values of the community through the preservation of light, air and open space. Therefore, this article shall only govern the size, location, setback, height, illumination and number of signs in each of the use districts that are established. It is not the intent of this Article to regulate the content of signs. Current businesses with non-conforming signs are deemed acceptable and considered "grandfathered" into this ordinance at the time of this adoption by the Mayor and Council unless said sign is considered a danger to the general public.

(Ord. of 3-12-2019)

Any and all Signage Ordinance(s) heretofore enacted by the Mayor and Council of the City of Butler are hereby repealed and this ordinance shall govern. No sign may be erected, placed, established, painted, created, or maintained except in conformance with this Article.

(Ord. of 3-12-2019)

The following types of signs are specifically exempted from compliance with this Article and shall not require a permit.

A.

Traffic safety and traffic directional signs, installed within the right-of-way of a public street under the authority of the government with jurisdiction.

B.

Traffic safety and traffic directional signs along private streets and driveways and in off-street parking lots that are installed per the requirements of the City of Butler and which do not exceed four (4) square feet each.

C.

Public notice signs and signs of a public interest, erected by or on the order of a public officer in the performance of his duty, such as public notices, safety signs, memorial plaques, signs of historical interest and temporary banners pertaining to community festivals.

D.

Signs posted by governmental agencies or by law.

E.

Street address identifiers and building identification numbers on buildings which are essential to the location of such buildings.

F.

Directory signs indicating transportation facilities such as bus stops, handicapped parking locations or which give information concerning the location of off-street parking or loading and unloading facilities, as long as placement falls within initial guidelines and footage.

G.

Construction signs—limited to a maximum of 50 square feet and of a temporary nature.

H.

A window or door sign including any sign, picture, symbol, or combination thereof designed to communicate information about an activity, commodity, event, sale, or service, that is placed inside a window or upon the window panes of glass and is visible from the exterior of the structure. Window and door signs shall not cover more than 25% of the available area.

I.

Temporary signs shall not exceed six (6) square feet and shall not remain up longer than thirty (30) days.

J.

Any flag, as many as three per lot, when designed and displayed in a way that allows for routine, daily raising and lowering of the flags, not exceeding forty (40) square feet. Poles for such flags shall not exceed twenty-five (25) feet in height and shall not be more than twenty-five (25) feet from the main building entrance.

K.

Building markers, memorial tablets and integral decorative or architectural features or works of art such as murals, so long as such features do not contain moving parts or lights.

L.

Holiday lights and decorations, provided that they are removed within a reasonable period following the holiday season to which they pertain.

M.

Political signs.

(Ord. of 3-12-2019)

The following types of signs or advertising devices are prohibited in all zoning districts except as otherwise specifically provided by this Article.

A.

Abandoned signs.

B.

Animated signs.

C.

Hand-held signs (except as used in political campaigning and only for daily use during such campaign).

D.

Inflatable signs, except as specifically permitted under special event sign permit.

E.

Portable signs.

F.

Roof signs.

G.

Any sign illuminated at such an intensity or brightness which reasonably interferes with the peace, comfort, convenience and general welfare of residents or occupants of adjacent properties or which reasonably creates a hazard to operators of motor vehicles.

H.

Pennants, except as specifically permitted under special event sign permit.

I.

Streamers and wind-blown devices.

J.

Signs which imitate an official traffic sign or signal. This includes signs with colored lights and with shapes similar to those for traffic safety signs, used at any location or in any manner so as to be confused with or construed as traffic control devices or traffic safety signs. This excludes reader board signs which change copy via an electronic process or illuminated signs that indicate customary public information.

K.

Signs within the right-of-way, including those attached to traffic signs, utility poles, or guy wires, except for those signs exempted by this Article and signs erected with permission of the Mayor and City Council for a public purpose.

L.

Signs attached to, drawn, or painted upon trees, rocks or other natural features.

M.

Advertising displayed on benches, trash cans, and similar devices.

N.

Strobe, laser and search lights.

O.

Any sign placed in such a manner that it obstructs the vision of pedestrians or traffic in a public right-of-way or the entrance of a private street or driveway to a public right-of-way.

P.

Any sign located so as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device.

Q.

Any sign not specifically permitted in a zoning district as provided in this Article shall be prohibited in that district unless otherwise specifically provided under this Article.

R.

Any sign erected without permission of the property owner.

(Ord. of 3-12-2019)

All signs shall be maintained by the sign owner in good condition so as to present a neat and orderly appearance. Upon discovery of a sign in need of maintenance, the Zoning Administrator shall give written notice to the owner of the sign or the owner of the property on which the sign is located if the owner of the sign itself cannot be determined. The owner shall have thirty (30) days in which to repair or maintain the sign before a citation is issued. If the owner has failed to make repairs or the necessary maintenance within that time, the Zoning Administrator shall cause a citation to be issued. The Zoning Administrator may cause to be removed, after notice pursuant to this Section, any sign which shows gross neglect, is dilapidated, or in the opinion of the Building Inspector poses an imminent threat to public safety. It shall be unlawful, after being notified pursuant to this Section and after the thirty (30) days' notice has expired, for any person to display a sign in any of the following conditions:

A.

Lettering or other elements of the sign have become detached or have fallen off the sign or become misaligned.

B.

Painted surfaces on the sign or sign structure have begun to peel or flake over a significant portion of the sign, or have faded or oxidized to an extent that the sign no longer displays the message as originally intended.

C.

A significant number of the bricks, stones, or other materials on the structural base of a sign have become detached or have fallen off, or have become misaligned.

D.

Other similar conditions of disrepair or lack of maintenance as determined by the Zoning Administrator.

E.

For lighted signs, one or more illumination devices are not working and have not been replaced.

(Ord. of 3-12-2019)

If the principal use or activity on a property has ceased operation for six (6) months or more, any permanent ground signs including supports, and wall signs, permitted in connection with said principal use or activity shall be removed. No new sign shall be permitted to be erected on the same property until the discontinued sign, including its supports, has been removed or is converted to a lawfully conforming sign.

If an accessory use or activity on a property has ceased operation for six (6) months or more, any permanent ground signs, including supports, and wall signs permitted in connection with said accessory use or activity shall be removed. No new sign shall be permitted to be erected on the same property until the discontinued sign, including its supports, has been removed or is converted to a lawfully conforming sign. Upon expiration of the applicable time period provided in this Section for the removal of discontinued signs and sign supports, said signs shall be deemed unlawful and abandoned.

If a discontinued principal use monument sign contains a sign face that is in the form of a removable panel, the panel containing advertising shall be removed and replaced with a panel without advertising until another principal use is established and a sign permit issued for a new principal use sign. If a discontinued principal use monument sign contains a sign copy area that is not removable without disassembling the monument, then the sign copy area shall be painted over, if possible, or, where it cannot be painted over, covered with durable cloth or canvas so that the copy and/or underlying structure is no longer visible until such time as a new sign permit is applied for and granted an approved sign copy is affixed to the monument.

(Ord. of 3-12-2019)

A.

Except as specifically excluded or exempted from the provisions of this Section, it shall be unlawful for any person to post, display, or erect a sign or advertising device without first having obtained a sign permit.

B.

Any sign which is specifically exempted from the requirements of this Section shall be exempt from the requirement to obtain a sign permit. In addition, window signs and all signs sixteen (16) square feet or less in area shall be exempt from a sign permit. Exemption from the requirement of a sign permit shall not be construed to exempt such sign from compliance with other applicable provisions in this Ordinance.

C.

Applications for sign permits shall be filed by the sign owner or his/her agent in the office of the Zoning Administrator upon forms furnished by said office. The application shall be accompanied by the following:

1.

A site plan showing the proposed location of the sign; and

2.

The size, character and method of illumination, if any; and

3.

The exact location proposed for such sign, and, in the case of a projecting sign:

a.

Proposed method of fastening the sign to the building; and

b.

Vertical distance between the sign and finished grade; and

c.

Horizontal distance between the sign and the right-of-way; and

d.

Each applicant shall submit any additional information deemed necessary by the Zoning Administrator; and

e.

Each applicant renting or leasing said location must obtain a signature of approval by the legal land and/or building owner.

D.

The Zoning Administrator shall be authorized to issue sign permits in accordance with the provisions of this Ordinance. The Zoning Administrator shall process all sign permit applications as quickly as possible but in no case more than ten (10) working days of receipt of a complete sign permit application and a sign permit fee, if required. For purposes of this Section only, the term "process" shall mean to make a decision on sign permit applications which can be administratively approved or denied.

E.

No sign permit shall be issued until a sign permit fee, if required, has been paid. Said sign permit fee shall be submitted at the time of the application for a sign permit and shall be paid to offset the costs associated with the review and processing of the application. Sign permit fees shall not be refunded if the application for the sign permit is denied. Any sign permit application involving a sign which was unlawfully erected or established without a sign permit required by this Article shall be assessed a permit fee that is double the amount of the applicable sign permit application fee.

(Ord. of 3-12-2019)

A.

Unless specifically provided otherwise in Tables 25.1, 25.2, and 25.3, a maximum height of any ground sign regulated by this Article shall be fifteen (15) feet on state and federal highways and ten (10) feet at all other locations.

B.

The maximum height established for the zoning district in which the sign is located shall apply to any sign, except that for properties situated below road grade, if the maximum height permitted would prevent adequate visibility, ground sign height may increase by up to twelve (12) feet above the grade of the road to which said sign is directed. This Subsection shall not be applicable in the TC zoning district.

C.

No wall sign shall exceed the height of the building or structure on which it is placed and shall not project more than one (1) foot from the building wall to which it is attached.

D.

The minimum required setback for signs shall be fifteen (15) feet from a city, county, state, or federal road right-of-way.

E.

In addition to the general provisions regulating signs established in this Article, sign permissions shall be based on the zoning district, the type of signs permitted as provided by land use according to Tables 25.1, 25.2, and 25.3.

F.

Unless specifically provided in Tables 25.1, 25.2, and 25.3, a property shall be limited to only one (1) sign of the type permitted. No sign shall be erected to exceed the maximum number of signs as specified in Tables 25.1, 25.2, and 25.3 of this Article.

With regard to wall sign allowances, if a building, structure, or freestanding canopy faces more than one road frontage, each wall facing a road frontage shall be permitted to have the sign area specified for such building, structure, or freestanding canopy in this Article.

G.

The maximum area of signs permitted shall be provided in Tables 25.1, 25.2, and 25.3. No sign shall be erected to exceed the maximum area of sign as specified in Tables 25.1, 25.2, and 25.3.

H.

Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays or illumination there from being cast into neighboring structures and or hindering the operation of motor vehicles. Only remote source illumination shall be used on signs located within residential districts.

I.

New signs in the Town Center (TC) Zoning District shall be as follows:

1.

Wall or placard sign with dimensions not to exceed a maximum surface area of twenty-four (24) square feet.

2.

Canopy or marquee which extends at least twenty-four (24) inches from the face of the building.

3.

Pole signs must be attached flush with the building and have a clearance of ten (10) feet from the bottom face of the sign to the grade of the sidewalk.

4.

Wall hinged signs must have a clearance of ten (10) feet from the bottom face of the sign to the grade of the sidewalk.

5.

Fascia signs.

6.

Bench signs.

7.

Window signs shall not cover more than 25% of the window area.

8.

Sidewalk signs shall not be more than six (6) square feet and must be removed from the sidewalk at the close of business every day.

J.

Temporary signs and advertising devices may be permitted in commercial and industrial zoning districts subject to the issuance of a special event sign permit by the Zoning Administrator.

a.

Only one special event sign permit shall be issued on the same property in any calendar year.

b.

No special event sign permit shall be valid for more than thirty (30) days.

c.

One banner shall be permitted per lot, which shall not exceed thirty-two (32) square feet or fifteen (15) feet in height. Such banner may be temporarily placed or attached to a building wall, window, or ground sign, or it may be freestanding between two poles or stakes.

Table 25.2: Sign Height and Area Permitted in Residential Zoning Districts

Table 25.3: Sign Height and Area Permitted in Commercial and Manufacturing Zoning Districts

(Ord. of 3-12-2019)