Colby City Zoning Code
ARTICLE VII
Signs, Canopies, Awnings and Billboards
§ 480-58 Purpose of regulations.
The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the City of Colby; painting, posting and general maintenance are excepted.
§ 480-59 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.
A temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.
A sign which advertises goods, products or facilities, or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.
The unreasonable obstruction of view of a sign caused by the placement of another sign.
A shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
A period of time in terms of calendar days.
Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.
Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.
Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.
A sign that is illuminated from a source outside of the actual sign.
Any sign attached to and made part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
Any sign which does not conform to the regulations of this article.
Any sign, device or display which advertises goods other than those commonly available or services other than those commonly performed on the premises on which the sign is located.
Any sign displaying a candidate for an election, or a current referendum or election subject matter.
Any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
Any sign extending more than 18 inches, but less than four feet, from the face of a wall or building; such sign may not extend more than three feet into the right-of-way.
Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any building.
Includes anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
Any sign which is erected or displayed for a limited period of time not to exceed 28 consecutive days or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight square feet in area. Examples of temporary signs include banners and decorative-type displays. For purposes of this chapter, a portable sign is not a temporary sign.
Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any sign located completely within an enclosed building and visible from a public way.
§ 480-60 Required permits for signs, canopies and awnings.
A.
Application. Except those specified in § 480-61, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the City of Colby. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.
Required information. Application for a sign permit shall be made in writing upon forms furnished by the Zoning Administrator which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign. A permit is not required for a copy change when no change in business name is involved.
C.
Permit fees. A permit fee shall be paid to the Zoning Administrator for each sign permit issued under this article; provided, however, that a fee shall not be charged for putting an existing sign in conformity with this article or for a copy change when no change in business name is involved.
D.
Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $300,000 for bodily injury and $1,000,000 aggregate and $100,000 property damage. Proof of insurance shall be presented to the Zoning Administrator before the sign permit is granted.
E.
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Zoning Administrator, who will assure the sign complies with the regulations of this article. Every sign shall be inspected and approved by the Zoning Administrator within 30 days after it is erected or altered.
F.
Revocation of permit; appeals. The Zoning Administrator may, at any time for a violation of this article, revoke a permit or require changes so the sign conforms with this article. The holder of a revoked permit shall be entitled to an appeal before the Zoning Board of Appeals. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Administrator relative to the provisions of these sign regulations may appeal and seek review of such decision to the Zoning Board of Appeals.
§ 480-61 Signs not requiring permit.
The following signs do not require a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water:
A.
Commercial, Industrial and Planned Unit Development (commercial/industrial) Districts:
(1)
Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(2)
Name, occupation and warning signs not to exceed four square feet located on the premises.
(3)
Bulletin boards for public, charitable or religious institutions not to exceed 64 square feet in area located on the premises.
(4)
Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.
(5)
Official signs, such as traffic control, parking restriction, information and notices.
(6)
Rummage or garage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
(7)
Signs designating entrances, exits, service areas, parking areas, rest rooms and other such signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.
(8)
Signs not exceeding two square feet in area and bearing only property numbers, post box numbers or names of occupants of premises.
(9)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(10)
Legal notices, identification information or directional signs erected by governmental bodies.
(11)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(12)
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(13)
Political signs may be posted 60 days before an election and must be removed within 10 days after said election. Said sign shall be a maximum of eight square feet.
B.
Residential, Conservancy and Agricultural Districts:
(1)
Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.
(2)
Real estate signs, not to exceed eight square feet in area, which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(3)
Nameplate signs not to exceed two square feet located on the premises.
(4)
Bulletin boards for public, charitable or religious institutions not to exceed 64 square feet in area located on the premises.
(5)
Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(6)
Official signs, such as traffic control, parking restrictions, information and notices.
(7)
Awnings or canopies servicing only a particular single-family dwelling unit, provided the same shall conform to the regulations applicable to the zoning district in which the same are located.
(8)
House numbers or signs identifying parks or country clubs or official bulletin boards.
(9)
An approved professional sign shall be a sign not exceeding two square feet in area, stating only the name and business or profession of the home occupant or the character or the use of the premises on which the sign is maintained. It shall not be illuminated and shall not move. Only one such approved professional sign shall be maintained on a premises.
(10)
Political signs may be posted 60 days before an election and must be removed within 10 days after said election. Said sign shall be a maximum of four square feet.
(11)
Rummage or garage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
§ 480-62 Permitted locations of signs.
A.
Residential Districts and Conservancy Districts. In the Residential and Conservancy Districts signs shall be regulated as follows:
(1)
Residential uses.
(a)
Single-family dwellings. For each dwelling unit, nameplates and identification signs indicating the name and address of the occupant not exceeding a total of two square feet in area. On a corner zoning lot, nameplates for identification signs shall be permitted for each dwelling unit on each street side.
(b)
Multifamily dwellings. For each multiple-family dwelling, identification signs indicating only the name and address of the building and the name of the management, not exceeding a total of 32 square feet in area. Such signs may not be closer than eight feet to any other zoning lot. On a corner zoning lot, identification may be permitted on each street side.
(c)
Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.
(2)
Nonresidential uses.
(a)
Church bulletins, cemeteries, educational institutions, recreation and social facilities and other similar uses. Identification signs not exceeding a total of 64 square feet in area. Such signs may not be closer than eight feet to any other zoning lot. On a corner lot, identification signs shall be permitted on each street side.
(b)
Projection and height. No sign when attached to the wall of a building or structure shall project more than 18 inches from the wall to which it is attached. No sign shall project higher than one story or 20 feet above the curb level, whichever is lower.
(3)
"For sale" or "for rent" signs. There shall be not more than one sign per zoning lot, except that on a corner lot one sign shall be permitted on each street side. No sign shall exceed 32 square feet in area, and signs shall not be placed closer than eight feet to any other zoning lot.
(4)
Advertising signs. Advertising signs shall be prohibited in the Residential Districts.
B.
Commercial Districts. In the Commercial Districts signs shall be regulated as follows:
(1)
CG Districts. In the General Commercial District, business signs and advertising signs are permitted, subject to the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Business signs.
[1]
The gross area in square feet of all business signs on a zoning lot shall not exceed four times the lineal feet of street frontage on such zoning lot.
[2]
No more than 75% of the gross sign area, as indicated in Subsection B(1)(a)[1] above, shall be in a freestanding sign.
[3]
Only one freestanding sign shall be permitted per zoning lot, except as provided in Subsection B(1)(b) below.
[4]
No sign when attached to the wall of a building or structure shall project more than 18 inches from the face of the wall of such building.
[5]
Business signs shall not project higher than 35 feet above grade level.
(b)
Integrated shopping centers. For integrated shopping centers in single ownership or under unified control, one additional sign, other than those regulated in Subsection B(1)(a)[1] through [4] above, shall be permitted, subject to the following:
[1]
Content. Such signs shall advertise only the name and location of such center, and the name and type of business of each occupant of the center.
[2]
Area. The gross surface area, in square feet, of all business signs on a zoning lot shall not exceed three times the lineal feet of street frontage on such zoning lot. A corner lot shall be deemed to have frontage equal to the length of those sides which abut a street.
[3]
Height. Such freestanding sign shall not project more than 35 feet above the curb level.
C.
Industrial Districts. In the Industrial Districts signs shall be regulated as follows:
(1)
IL and IGL Districts. In the IL and IGL Districts, business signs and advertising signs are permitted, subject to the same conditions and regulations specified in the General Commercial District.
(2)
IG District. In the IG District, business signs and advertising signs are permitted, subject to the same conditions in the General Commercial District, except that such signs shall not project higher than 40 feet above curb level.
D.
General provisions. Signs shall be classified in accordance with the regulations under each zoning district as set forth in this article:
(1)
In those districts where limitations are imposed by this article on the projection of signs from the face of any building or structure, such limitations shall not apply to identification marquee or canopy signs indicating only the name of the building or the principal product or service available therein, provided that any identification sign located on a marquee or canopy shall be affixed flat to the surface thereof or suspended within and below the outer marquee or canopy limits; except that no such suspended sign shall be lower than nine feet above the ground or surface over which the marquee or canopy is constructed. Further, no other sign shall extend beyond the limits of said marquee or canopy.
(2)
Within 300 feet of any freeway, expressway or tollway designated as such by the City of Colby or the State of Wisconsin, no freestanding advertising sign structure designed to be viewed from such road shall be permitted to be erected within 1,000 feet of any other such sign structure on the same side of the road, unless separated by a building or other obstruction that prohibits the motorist's view in his direction of travel. No advertising shall be permitted to be erected within 300 feet of any public park of more than five acres in area if facing such park and visible therefrom.
(3)
No advertising sign shall be permitted to be erected within 75 feet of any adjoining Residential District boundary line. Further, no flashing sign of any type shall be permitted to be erected within 150 feet of an adjoining Residential District boundary line if such sign would be visible from such district.
(4)
No sign shall be painted, pasted or similarly posted directly on the surface of any wall, nor shall any sign be permitted to be placed on any wall, fence or standard facing the side of any adjoining lot located in any Residential District.
(5)
All signs shall be erected within property lines of premises upon which they are located, except that signs attached to building facades in Commercial and Industrial Districts may project 18 inches from the face or wall of such building structure. Thirty-six inches may be allowed, provided that no more than 50% of the surface area of the sign extends to a distance from 18 inches to 36 inches. All supporting members shall be concealed within the sign. No such sign shall suspend lower than 10 feet above grade except signs which project less than six inches from a building facade, which shall not suspend lower than seven feet above grade. No sign located facing an alley right-of-way shall suspend lower than 15 1/2 feet above grade except those signs in alleys which project less than six inches from the building façade, which shall not suspend lower than 12 feet.
(6)
All freestanding business and advertising signs shall have a minimum setback for structural pylons and supports equal to at least 1/4 the required building setback of the zoning district. All such freestanding signs shall be erected within the property lines of the premises upon which they are located. No such freestanding sign shall suspend lower than 10 feet above grade.
(7)
Individual directional signs designating entrances, exits and conditions of use of parking facilities accessory to the main use of the premises may be maintained, provided they are located within the property lines of the zoning lot and do not exceed 24 square feet.
(8)
Signs and sign structures attached to the wall of any building shall not extend more than six feet above the roof line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 480-63 Permitted residential, agricultural and conservancy signs.
In addition to those permitted signs not requiring a permit pursuant to § 480-61B, the following nonflashing, nonilluminated signs are permitted under the conditions specified in all Residential, Planned Unit Development (residential), Agricultural and Conservancy Districts established by this chapter:
A.
Nameplate and identification signs, subject to the following:
(1)
Area and content, residential. There shall be not more than one nameplate, not exceeding two square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted home occupation. On a corner lot, two such nameplates for each dwelling unit (one facing each street) shall be permitted.
(2)
Area and content, nonresidential. For agricultural or conservancy buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two such signs (one facing each street) shall be permitted.
(3)
Projection. Such signs shall be affixed flat against the wall of the building.
(4)
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower.
B.
"For sale" and "to rent" signs, subject to the following:
(1)
Area and number. There shall be not more than one sign per zoning lot, except that on a corner zoning lot two signs (one facing each street) shall be permitted. No sign shall exceed eight square feet in area nor be closer than eight feet to any other zoning lot.
(2)
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower, when attached to a building; detached or freestanding signs shall not be more than seven feet in height, measured from the soil grade to the top of the sign post.
C.
Signs accessory to parking areas, subject to the following:
(1)
Area and number. Signs designating parking area entrances or exits are limited to one sign for each such exit or entrance, and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area, and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two such signs (one facing each street) shall be permitted.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than seven feet above curb level.
D.
Signs accessory to roadside stands, subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.
(2)
Area and number. The signs shall be on the same zoning lot (either zoned agricultural or with a conditional use permit) as the roadside stand, and there shall be not more than two signs per lot. No sign shall exceed 12 square feet in area nor be closer than 50 feet to any other zoning lot.
(3)
Projection. No sign shall project beyond the property line into the public way.
(4)
Height. No sign shall project higher than 15 feet above curb level.
(5)
Permit. A sign permit is required for this type of sign.
E.
Temporary signs accessory to subdivision developments or other permitted improvements in residential districts, subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of homes for sale or rent in the subdivision under construction or for the identification of other nonresidential uses under construction.
(2)
Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 32 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.
(3)
Height. No sign shall project higher than five feet above curb level.
(4)
Time limitations. The sign or signs shall be removed by the applicant or property owner within two years of the date of the issuance of a sign permit.
(5)
Permit. A sign permit is required for this type of sign.
F.
Subdivision identification signs, subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or development.
(2)
Area and number. There shall be not more than one sign located at each entrance to a subdivision. No sign shall exceed 24 square feet in area.
(3)
Height. No sign shall project higher than six feet above curb level; the Planning Committee may, however, temporarily authorize a larger sign for a period not to exceed two years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the Zoning Administrator for approval. The location of any such sign shall be at the discretion of the Zoning Administrator based upon the character of the area, the type and purpose of the sign and the length of time permitted.
G.
Nonflashing, illuminated church bulletins, subject to the following:
(1)
Area and number. There shall be not more than one sign per lot, except that on a corner lot two signs (one facing each street) shall be permitted. No sign shall exceed 16 square feet in area nor be closer than eight feet to any other zoning lot.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.
(4)
Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the Zoning Administrator for approval. The location of any such sign shall be at the discretion of the Zoning Administrator based upon the character of the area, the type and purpose of the sign and the length of time permitted.
§ 480-64 Landscape features.
Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with freestanding signs are encouraged and shall not be counted as allowable sign area.
§ 480-65 Prohibited signs; limit on number of signs.
A.
Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.
B.
Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where allowed by conditional use permit. No signs, billboards or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.
C.
Number of signs permitted.
(1)
No more than two signs of any type shall be located on any premises, except that premises occupied by a shopping center may, as an alternative, have one detached sign plus one flat sign illuminated or otherwise for each place of business located in said shopping center, provided that the aggregate total area of all signs located on any premises so occupied shall not exceed the total area permitted for one detached sign and one flat sign as set forth in this article.
(2)
Businesses with streets fronting both sides shall be allowed two types of signs for each street frontage; no street frontage buildings shall be allowed two of the same type of sign for that particular business.
D.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this chapter, or be located within five feet of a property line.
E.
Distance between freestanding signs. The distance between freestanding signs shall be a minimum of 75 feet between freestanding signs throughout the street frontage in order to prevent congestion and maintain traffic visibility.
§ 480-66 Dangerous and abandoned signs.
A.
Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of 30 days or when, in the judgment of the Zoning Administrator, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Zoning Administrator or Common Council, or a designee, may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the decision of the Zoning Administrator, Common Council or designee to the Board of Appeals.
B.
Alterations. For signs erected before the adoption of this article, said signs shall be rebuilt or relocated to conform to this article if the cost of reconstruction or relocation is 50% or more of its replacement value.
C.
Violations. All signs constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code of Ordinances. In addition to the above penalty provisions and the provisions of § 480-107 for violations of this chapter, the Zoning Administrator, Common Council or designee may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.
§ 480-67 Variances or exceptions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Variances or exceptions to these sign regulations may be granted by the Board of Appeals, following a recommendation from the Planning Committee, pursuant to the standards of § 480-117.
§ 480-68 Construction and maintenance of signs.
A.
Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the Zoning Administrator.
B.
General requirements.
(1)
Construction standards. All signs, except flat signs and those signs weighing less than 10 pounds, shall be designed, fastened and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed, attached, fastened or anchored to adequately support the dead load and any anticipated live loads (i.e., ice, snow) of the sign.
(2)
Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
(3)
Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks or other similar organic or inorganic natural matter, including utility poles or apparatus.
(4)
Blanketing. Blanketing of signs shall not be allowed.
(5)
Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.
(6)
Annexed areas. All signs in newly annexed areas shall comply with this article within five years of annexation.
§ 480-69 Special sign requirements.
A.
Searchlights. The Zoning Administrator may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period.
B.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on the premises or to present public service information.
(2)
Segmented messages must be displayed for not less than five seconds and more than 10 seconds.
(3)
Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.
§ 480-70 Nonconforming signs.
A.
Signs eligible for characterization as legal nonconforming. Any sign located within the City of Colby limits of the date of adoption of this chapter hereafter which does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, provided it meets the following requirements:
B.
Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:
(1)
If said sign is damaged by fire, flood, explosion, earthquake, war, riot or Act of God, or structurally altered in any way, except for normal maintenance and repair, the sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damage to the sign is 50% or more of its replacement value, in which case, the constructed sign shall comply with the provisions of this article.
(2)
The sign is relocated;
(3)
The sign fails to conform to the City requirements regarding maintenance and repair, abandonment or dangerous or defective signs;
(4)
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 therefor or shall be removed.
C.
See § 480-48E for provisions related to the restoration of damaged or destroyed nonconforming signs on or after March 2, 2006, and caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Legal nonconforming sign maintenance and repair. Nothing in this article 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 this article regarding safety, maintenance and repair of signs.
§ 480-71 Awnings and canopies.
A.
Permitted awnings. No awnings shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conforms to the regulations of the zoning district in which the same is to be located:
(1)
Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.
(2)
Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the public sidewalk or public thoroughfare.
(3)
Setback from curbline. No awning shall extend beyond a point four feet into the right-of-way.
(4)
Advertising. No advertising shall be placed on any awning, except that the name of the establishment within the building to which the awning is attached may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side edges.
(5)
Awning insurance requirements. Every applicant for a permit for a awning which will overhang the public street or sidewalk shall, before the permit is granted, file with the City Clerk-Treasurer a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for property damage, which shall indemnify and save harmless the City of Colby from any and all damages, judgments, costs or expense which the City may incur or suffer by reason of the granting of said permit.
B.
Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. The structural support of all canopies shall be designed by a licensed professional engineer and approved by the Building Inspector as in compliance with the Building Code of the City. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 480-68 of this code. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.
(3)
Setback from curb. No canopy shall extend beyond a point four feet from the face of a wall or building.
(4)
Advertising. No advertising shall be placed on any canopy, except that the name of the establishment may be painted or placed in a space not exceeding 24 inches in average height on the front and side edges. Such name may be so painted or placed irrespective of any prohibition otherwise applicable hereunder; provided, however, that if such canopy shall contain more or other than the name of the establishment in letters more than eight inches high on the front and side edges, it shall be considered as a sign and be subject to all the provisions hereof.
(5)
Canopy insurance requirements. Every applicant for a permit for a canopy which will overhang the public street or sidewalk shall, before the permit is granted, file with the City Clerk-Treasurer a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for any one accident and $10,000 for property damage, which shall indemnify and save harmless the City of Colby from any and all damages, judgments, costs or expense which the City may incur or suffer by reason of the granting of said permit.
§ 480-72 Violations of sign code.
A.
Any person, firm or corporation who or which begins, erects or completes the erection or construction of any sign, awning or canopy controlled by this article prior to the granting of a sign permit shall pay a penalty double the amount of the permit otherwise required.
B.
If the Zoning Administrator finds any sign, awning or canopy regulated herein unsafe or insecure or is a menace to the public, it shall give written notice to the sign owner and to the property owner.
(1)
If such sign, awning or canopy owner fails to remove or alter the sign, awning or canopy so as to comply with the standards herein set forth within five days after such notice, the Zoning Administrator may cause such sign, awning or canopy to be removed or altered at the expense of the owner of the sign, awning or canopy or the owner of the property upon which it is located so as to comply with the provisions of this article.