Concord City Zoning Code
ARTICLE XXV
Sign Regulations
§ 150-129 Sign permit required.
Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the Code Enforcement Officer. Sign permits are not required in the R-AG District for roadside stands that sell or display agricultural products.
§ 150-130 Application for sign permit.
An applicant for a sign permit shall submit an application to the Code Enforcement Officer which shall include:
A.
The name, address and telephone number of the applicant and the owner of the building, structure or property upon which the sign is to be erected.
B.
The written consent of the owner of the building, structure or property upon which the sign is to be erected in the event that the applicant is not the owner thereof.
C.
A rendering exhibiting the proposed lettering and pictorial matter of the sign; the dimensions of the sign and proposed lettering; the construction details of the sign structure and mounting devices; a location plan of the position of the sign on the building or property; and such other information as the Code Enforcement Officer may require. An application for a sign permit for a sign on an awning shall show the location, size and construction of the awning and the lettering or pictorial material to appear thereon.
§ 150-131 General sign requirements.
A.
Required sign copy. Each sign shall have the number of the permit marked on its face in a permanent manner.
B.
Permitted sign copy. A sign may contain only the name and/or nature of the business conducted and/or the primary goods sold or the services rendered on the premises. Signs not advertising a business conducted, service rendered or primary goods sold on the premises of the sign are prohibited, except as otherwise provided herein.
C.
Illuminated signs. Except where the premises which the sign advertises is open for business, no signs shall be illuminated after 12:01 a.m. Illuminated signs shall conform to the regulations of the National Board of Fire Underwriters. The source of illumination shall be suitably shielded to eliminate glare and annoyance to passersby or adjacent property.
D.
"For sale," "for rent" and "sold" signs. One nonilluminated "for sale," "for rent" or "sold" sign not exceeding four square feet may be erected on the premises or property to which it pertains; provided, however, that where a parcel exceeding 10 acres located in a business or industrial zone is for sale, a "for sale" sign not exceeding 20 square feet may be erected. "Sold" signs are to be removed within seven days of posting. No permit is required for any such signs.
E.
Bulletin boards. Church, school or other exterior institutional bulletin boards shall not exceed 25 square feet in area. No permit is required for such signs.
F.
Awning, canopy and covered walkway signs. When lettering or graphics are provided on awnings, canopies and covered walkways, in addition to complying with the awning or canopy requirements, the awning, canopy and covered walkway signs shall be subject to the following regulations:
(1)
The awning, canopy or covered walkway area shall be determined as measured at the building face.
(2)
The surface area of all shapes, letters, numbers, symbols or illustrations, as calculated per Subsection K, shall not exceed 25% of the awning, canopy and covered walkway area as measured for in Subsection F(1) and shall be calculated as part of the sign area permitted on the face of a building per § 150-134A.
(3)
When illuminated, the awning, canopy or covered walkway area as measured for in Subsection F(1) shall comply with the limitation on size as set forth in § 150-134A for face signs and shall be calculated as part of the sign area permitted on the face of a building. Only awnings and canopies which are constructed of opaque material may be illuminated. The opaque material shall limit the light transmission through the material to a maximum of 10% of the measured lighting level below the awning, canopy or covered walkway. Only fluorescent strip-lighting illumination, mounted internally to the awning, canopy or covered walkway on the building, is permitted. Fluorescent fixtures shall be limited to one tube fixture per linear foot as measured on the building face.
(4)
Awning and canopy signs shall not be considered to be projecting signs.
G.
Lighting reflection signs. Hoods or shields for lighting reflection signs may be attached to buildings or structures, provided that such hoods or shields do not extend more than 12 inches beyond the face of the building or sign and reflection lights on projecting arms do not extend more than two feet beyond the face of the building or sign.
H.
Marquees. No marquees shall be constructed or erected except upon approval of the Concord Town Board upon recommendation of the Concord Town Planning Board.
I.
Specialty signs. Special time and temperature signs, with or without electrical lettering, special clock signs and other special signs of similar nature may be erected upon approval of the Concord Town Board.
J.
Service organization identification signs. A permit for a service organization identification sign may be issued only after the location of said sign is approved by the Concord Town Board.
K.
Measurement of signs. The surface area of a sign shall include the background area of the sign when computed by standard measurement formulas for known or common shapes. Irregular shapes, independent letters, numbers, symbols or illustrations shall be determined by measuring the smallest polygon which encloses all of said shapes, letters, numbers, symbols or illustrations as they are intended to be displayed.
§ 150-132 Prohibited and restricted signs; illuminated tubing.
A.
The following signs are prohibited in the Town of Concord:
(1)
Projecting signs over any public way, except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.
(2)
Fluttering banners or strings of lights not part of a sign; provided, however, that nothing herein shall be construed to prohibit the decoration of any premises for any national holiday or religious or holiday season.
(3)
Signs attached to light standards, utility poles or trees.
(4)
Roof signs.
C.
Illuminated tubing restriction. Illuminated tubing not used in the construction of a conforming electrical sign and which outlines a building, fence or other similar structure or part thereof, measuring more than 20 linear feet or enclosing any area greater than 20 square feet, may not be erected so as to be visible from any public drive, street, highway or shopping center.
§ 150-133 Signs in residential or agricultural districts.
Signs in any R-E, R-1, R-2, R-M, R-AG or R-RB District, as established by this chapter, are permitted as follows:
A.
Signs to identify residents and permitted uses of one- and two-family dwellings. One nonilluminated sign not exceeding two square feet in area, indicating the name of the resident or identifying a permitted use, may be located on the principal building or a separate post support not closer to any street than a distance equal to 1/2 the required setback from such street and not exceeding seven feet in height. No permit shall be required for such signs.
B.
Signs for identification of multiple dwellings or residents of multiple dwellings.
(1)
Dwelling group identification. One sign not exceeding 16 square feet in area may identify a multiple dwelling or dwelling group complex. Such sign may be illuminated by a nonflashing, shielded light directed away from adjacent streets, highways or properties. Such sign shall be placed parallel to the street, shall not interfere with a public highway and shall not exceed seven feet in height. When an application for a building permit is submitted to the Concord Town Planning Board, such sign shall be subject to the approval or disapproval of the Concord Town Planning Board.
(2)
Resident identification. One nonilluminated sign not exceeding two square feet in area may identify the residents of a multiple dwelling. Such sign shall be attached parallel to the multiple dwelling it serves. No permit shall be required for such signs.
C.
Permanent subdivision identification signs. One nonilluminated sign not exceeding 16 square feet in area may identify a permanent subdivision. Such signs shall not exceed seven feet in height and shall not interfere with the visibility from any driveway at its intersection with a public highway. Such signs shall be subject to the approval or disapproval of the Concord Town Planning Board.
D.
Signs to identify residents and permitted uses in the R-AG District may be a sign not exceeding 16 square feet in area (four feet by four feet) to identify each such farm and additional sign area that is needed for advertising such products that are sold from a location on said farm. Signs may be placed perpendicular to the road; however, they must be kept 15 feet from the right-of-way line or public walkway. The Town of Concord Planning Board may recommend to the Town Board, upon proper justification, to waive the fifteen-foot requirement.
§ 150-134 Signs in business and/or industrial districts.
Signs shall be permitted in business and/or industrial districts, as established by this chapter, as follows:
A.
Building face signs.
(1)
Location. Signs shall be permitted on the face of any building and may be attached to the face of the building or applied thereto but not painted thereon; provided, however, that such signs shall not project more than 12 inches from the face of the building nor extend beyond the wall at any corner.
(2)
Size. A face sign on the front of the building shall not exceed 20% of the total surface of such face on one story, including areas occupied by doors and windows. Signs on each additional face shall not exceed 10% of the total surface of the front of the building; provided, further, that no sign shall exceed 20% of the face to which it is attached.
B.
Freestanding signs.
(1)
Location. One freestanding sign may be erected, and no part of such sign shall be set back less than 10 feet from the right-of-way line. Where a business area abuts a residential area, any such sign shall be set back at least 15 feet from this side line. No sign shall interfere with the visibility from any driveway at its intersection with a public highway.
(2)
Size: In the C-1 and C-2 Districts of the business district of the Town of Concord (Cascade Drive South) only, there shall be no more than two display surfaces, each of which shall not exceed 90 square feet. Also, the erection of a freestanding sign as set forth in Subsection C, in this area only, shall be at a height of no more than 40 feet.
(3)
In all other business and/or industrial districts, there shall be no more than two display surfaces, each of which shall not exceed 20 square feet, the height to be determined by the Planning Board.
C.
Pedestal signs.
(1)
Location. No part of such sign shall be set back less than 15 feet from the right-of-way. Where a business area abuts a residence area, any such sign shall be set back at least 15 feet from this side line. No sign shall interfere with the visibility from any driveway at its intersection with a public highway.
(2)
Size. One pedestal sign, not exceeding 40 square feet, shall be permitted. The sign area may be increased at the rate of one square foot for each additional two feet from the required setback from the road right-of-way and the side property lines (or the required side line setback), but not to exceed, in any event, a total area of 180% of the area permitted by this subsection for pedestal signs. Only one pedestal sign shall be permitted in each shopping center or plaza, as defined in this chapter. Pedestal signs shall be prohibited on lots which are less than 100 feet in width measured at the right-of-way line.
D.
Covered walkways. Where a covered walkway extends across the front of a building or buildings, one sign per business may be mounted on the roof of the walkway or walkways to a height of two feet. Signs may also be hung from the underside or ceiling of the covered walkway related to the entrance of the individual business establishments, provided that the bottom of such sign is at least seven feet above the sidewalk.
E.
Service or loading dock signs. One sign not exceeding eight square feet in area is permitted in addition to other permitted signs.
F.
Automotive service stations. Signs may be erected in the pump areas, but not to extend beyond either side of the row of pumps or beyond the last pump on each end of the pump row.
G.
Additional accessory signs. At the entrance of the buildings and business establishments above the first floor, nameplates of uniform design and appearance not more than 18 inches in length and nine inches in height may be mounted at the sides of such entrance, provided that they are placed flat against the exterior wall.
H.
Entrance, exit, projecting, etc., signs. Entrance, exit, identification and other traffic control signs and projecting signs are to be approved by the Concord Town Planning Board as to location and size.
I.
Off-premises signs. Where it is not practical to obtain necessary visibility from an identification sign on the premises, the Concord Town Board may, upon recommendation of the Concord Town Planning Board, grant permission to erect an off-premises identification sign, provided that:
(1)
The applicant has demonstrated a need for such off-premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicant's place of business.
(2)
The proposed off-premises identification sign(s) represents the most efficient use of signage under the circumstances. For any group of businesses similarly disadvantaged by a difficulty of the general public to locate and identify their premises, a single off-premises identification sign common to all such businesses shall be deemed the most efficient use of such signage as opposed to separate off-premises identification signs for each sign business.
(3)
The proposed identification sign(s) is harmonious with its surroundings under the circumstances presented.
(4)
Notwithstanding any other provision stated in this subsection:
(a)
The text of such off-premises identification sign(s) shall be permanent in nature.
(b)
The primary purpose of such off-premises identification sign(s) shall be to assist the general public in locating and identifying such businesses, as opposed to advertising the nature of such business, goods, wares, merchandise or services.
(c)
The proposed off-premises identification sign(s) is otherwise permitted by this chapter.
(5)
Should it be determined that an application is prompted by economic factors rather than a difficulty of the general public to locate and identify the applicant's place of business or that any hardship is self-inflicted, the application shall be denied.
(6)
The provisions of this subsection shall be strictly construed.
§ 150-135 Signs in industrial parks.
In any industrial park which exceeds 60 acres, the following signs shall be permitted:
A.
Freestanding entrance signs.
(1)
Location. One freestanding sign may be erected at the main entrance of an industrial park, and no part of such sign shall be set back less than 15 feet from the right-of-way line or public walkway. No sign shall interfere with the visibility from any driveway or its intersection with a public highway.
(2)
Sizes. There shall be no more than two sign sides, the exterior dimensions of which shall not exceed 80 square feet per side. The total area on which printing appears shall not exceed 48 square feet.
B.
Freestanding business signs.
(1)
Location. One freestanding sign may be erected at the main entrance of an industrial park, and no part of such sign shall be set back less than 15 feet from the right-of-way line or public walkway. No sign shall interfere with the visibility from any driveway at its intersection with a public highway.
(2)
Sizes. There shall be no more than two sign sides, the exterior dimensions of which shall not exceed 30 square feet per side. The total area on which printing appears shall not exceed 20 square feet.
§ 150-136 Special permit use signs.
Any applications for a sign identifying a special permit use, as defined in this chapter, shall be referred to the Concord Town Planning Board for approval.
§ 150-137 Temporary and special purpose signs.
A.
Notices. No notice shall be posted on public property within the Town of Concord except on bulletin boards maintained by the Town of Concord or other government authority.
B.
Banners. No banner shall be displayed over any sidewalk, Town street or highway except upon direction of the Concord Town Board. A public liability bond or policy in the sum of at least $50,000 shall be furnished for each banner which extends across a sidewalk, street or highway. Such banner must be securely fastened to buildings or structures.
C.
Temporary signs. Temporary signs erected or maintained by charitable and nonprofit organizations may be permitted by the Code Enforcement Officer upon direction of the Concord Town Board. The applicant must specify the number of signs to be erected, the size of the sign or signs and the proposed location of the sign or signs. Any temporary sign shall be removed on or before the removal established by the Concord Town Board. There shall be no fee for a permit for a temporary sign.
(1)
Political election signs.
(a)
Nonilluminated political election signs, which shall not be located on public property, shall not be erected more than two weeks prior to a primary election nor six weeks prior to a general election. Successful candidates in a primary election may be permitted to have such election signs remain until after the general election. All unsuccessful candidates must cause their election signs to be removed within three days after a primary election. All candidates in a general election shall have their election signs removed within three days after a general election.
(b)
Any political election sign attached to a building shall not exceed eight square feet in area and shall be attached only to the front wall of the principal building on occupied premises. Any detached, freestanding political election sign shall not exceed eight square feet in area, shall be erected only in the front setback area of occupied premises and shall be at least 10 feet from any property line, street or road line.
(2)
All other temporary signs advertising an event cannot be erected more than four weeks prior to the event and must be removed within three days after the event.
D.
Construction signs. There shall be no fee for a construction sign permit. Construction signs shall be set back at least 10 feet from any right-of-way or side lot lines. Construction signs shall not be more than seven feet in height and shall be mounted on post supports. Construction signs displaying the name of the architect, engineer, principal, contractor and other participants engaged in the work of constructing a building or structure, as well as announcing the purpose of the building or structure for which a building permit has been issued and has not expired, may be permitted as follows:
(1)
Commercial and industrial zones. A single sign per lot not exceeding 16 square feet in area may be erected and maintained for the period beginning with the excavation and ending with the completion of the construction of any such building.
(2)
Residential zone. A single sign per lot not exceeding six square feet in area may be erected. Permits for such signs shall be issued on a one-year renewable basis.
(3)
Temporary subdivision sign. One temporary sign for a subdivision not exceeding 16 square feet in area may be erected after final subdivision approval is granted by the Concord Town Planning Board. Permits from such signs shall be issued on a one-year renewable basis.
§ 150-138 Nonconforming signs.
A.
All nonconforming signs which are in use prior to the effective date of this chapter may continue in use as nonconforming signs except as follows:
(1)
Any sign which does not directly relate to the sale of goods or services rendered on the property or a sign advertising a previous business on the premises which has not been purchased, leased or assumed by the present occupant shall be removed within 60 days after notification by the Code Enforcement Officer.
B.
Discontinuance. Any nonconforming sign which is removed from the position it occupied at the effective date of this chapter and not restored to such original position within 30 days shall be presumed to be abandoned and discontinued and may not be restored or reerected except in compliance with this chapter.
C.
Repair or alteration. Nothing herein shall be deemed to prevent maintaining a nonconforming sign in good repair and safe condition.
§ 150-139 Safety provisions for signs.
A.
No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or as to become a menace to life, health or property.
B.
All signs affixed to any wall or building shall be securely fastened thereto and shall be subject to inspection by and approval of the Code Enforcement Officer.
C.
All wiring, fillings, materials and electrical or other installation or illumination or lighted signs shall be subject to inspection by and approval of the Code Enforcement Officer.