(a)

Substitution of messages. Signs authorized by this article may carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process, other than electrical or building permits, if the change in message requires electrical or structural changes. This provision prevails over any more specific provision to the contrary within this article. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(b)

Severability. If any clause, portion, provision, or section of this article is held to be invalid by any court of competent jurisdiction, that holding will not render invalid any other clause, portion, provision, or section.

(Ord. No. 2020-16, § 10.01, 3-16-2020)

(a)

In all districts, other than residential districts, where front yard or setback requirements are required, outdoor advertising structures may be placed within such front yard or setback area of the place of business advertised and shall conform to all regulations stated herein.

(b)

All outdoor advertising signs to be located within 660 feet of the nearest edge of the right-of-way of a highway or the Interstate or Federal Aid Primary System shall file an application for a permit with the State of Alabama Highway Department, as required by the Highway Beautification Act-Outdoor Advertising.

(Ord. No. 2020-16, § 10.02, 3-16-2020)

(a)

Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress or egress for any building or structure. No advertising signs or structures shall be erected between four feet and ten feet above the ground that will obstruct the vision of a vehicle operated or traveling upon any street, road, highway, driveways, or alleyway within the City of Cullman. No sign shall be erected that will impede the view of any street or highway intersection.

(b)

No sign, canopy, awning, marquee, or other structure shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. No sign shall be erected or maintained which imitates or resembles any official traffic sign, signal, or device. No sign red, amber, or green lights shall be permitted in such proximity to a traffic signal light that, in the opinion of the enforcement officer, could be mistaken for such traffic signal by a driver.

(c)

Whenever a sign or outdoor advertising structure becomes abandoned, structurally unsafe or endangers the safety of a building or premises or endangers public safety, the building official shall order that such sign or advertising structure be made safe or removed. Such order shall be served in writing and shall be complied with within 30 days of the receipt thereof by the person, firm, or corporation owning or using the sign or advertising structure or the owner of the building or premises on which the unsafe sign is affixed or erected. After a second 30-day notice, the city may remove the said sign or advertising structure at the owner's expense.

(d)

Nonconforming sign. Where a lawful sign exists at the effective date of adoption or amendment of this section that could not be built under the terms of this section by reason of restrictions on size, height, illumination, location, or other requirements concerning the structure, it shall be deemed a nonconforming structure, portable signs excluded. A nonconforming structure may be maintained only by painting or refurbishing the surface of the sign face or sign structure so as to keep the appearance of the sign as it was when the original permit for construction was issued. Upon a determination by the building official and notice to the owner of the sign that a nonconforming sign has become dilapidated or structurally unsound, such sign shall be removed within 30 days. Any structural or other substantive maintenance to a nonconforming sign shall be deemed an abandonment of the nonconforming sign and shall render the sign in violation of the provisions of this chapter.

(e)

Electric or illuminated signs shall be installed in strict conformity with the Electrical Code of the City of Cullman. No electrical wire or cable serving an electric or illuminated sign shall be laid on the surface of the ground, street, parking lot, or sidewalk.

(f)

No sign shall incorporate a bare, incandescent bulb with wattage exceeding 20 watts, except as a shielded, indirect light source. No illuminated sign shall be permitted which produces an illumination exceeding one-half-foot candle in a residential district.

(g)

If a sign is removed or damaged in any manner to the extent that the restoration costs exceed 50 percent of the original value of the sign immediately before the damage occurrence, such sign shall be removed or altered to conform to these sign regulations.

(Ord. No. 2020-16, § 10.03, 3-16-2020)

(a)

Except where this article explicitly exempts a sign, all signs erected shall require a sign permit issued by the Building Inspections Department.

(b)

Permit exceptions. The repairing, cleaning, touch-up painting, or bulb replacement and other normal maintenance to prolong the life of a sign shall not require a sign permit. Any maintenance to improve the structural integrity of the sign must be permitted. Changing the logo or name of any sign face shall not require a permit.

(c)

Any sign or advertising structure shall be subject to a building permit being issued. The fee for said permit shall be governed by the permit fee schedule adopted by the City of Cullman. Each permit application shall be accompanied by plans which show the following:

(d)

Application; contents. Each permit application shall be accompanied by plans which show the:

(1)

Indicate the proposed site by identifying the property owner, location, present use, and zoning district.

(2)

Show location of the sign on the lot in relation to the property lines, existing signs and structures.

(3)

Show complete structural specifications for all signs including footings, anchoring, and support for projecting signs and outdoor advertising structures. Such structural specifications must comply with the latest building related codes adopted by the City of Cullman. Signs exceeding 60 sf or any sign in excess of 20 ft in height shall be designed by an engineer registered in the State of Alabama, and said engineer shall place his official seal and signature to said structural specifications.

(4)

No permit shall be required for signs measuring seven square feet or less in area.

(5)

Additional information needed to determine if such sign is to be erected in conformance with this article.

(e)

Sign area shall be the total of all signs on site (including wall signs, ground/monument signs, pole/pylon sign, etc.) If double-sided sign, only one face is calculated in the sign area.

(f)

Individual businesses. Signs shall be limited to an area equal to two square feet of sign for every one linear foot of building face or one square foot of sign for every one linear foot of lot frontage, whichever is greater. If a corner lot, the building face and lot frontage may be measured along all facing streets.

(g)

Shopping centers. Allowed to have an additional locator sign at entrance(s) to development. These signs shall be limited to an area equal to two square feet of sign for every one linear foot of building face.

(h)

Residential developments. Includes single-family dwellings, duplexes, apartments, etc. Signs are permitted at each side of main entrance(s). Individual signs shall be limited to 120 square feet of area and shall be of ground or monument type only.

(i)

Projecting signs with two or more faces extending perpendicular from the building wall shall not project more than six feet from the wall.

(j)

Projecting signs shall not exceed 24 square feet in area and shall provide at least nine feet clearance underneath the sign.

(k)

Canopy or marquee signs may be attached to roof-like structures extending from a building wall or covering a fuel service island provided such signs are made a part of the canopy or marquee and do not extend beyond its face.

(l)

Attached signs shall not be placed upon any roof surface unless such roof has a pitch or 45 degrees or more.

(m)

The height of any attached sign shall not extend above the highest point of the roof line.

(n)

Wall signs with a single face mounted parallel to a building face shall not project more than 12 inches from the building wall and shall not extend beyond the limits of the building face.

(Ord. No. 2020-16, § 10.04, 3-16-2020; Ord. No. 2021-20, § XVIII, 2-8-2021)

(a)

All advertisement relating to alcoholic beverages must comply with Alabama Alcoholic Beverage Control Board Administrative Code Chapter 20-X-7 advertising provisions which state as follows:

(1)

All proposed advertising shall be submitted to the ABC board for prior approval before dissemination within Alabama. This includes but is not limited to radio, television, newspapers, magazines, billboards, point-of-sale materials, novelty items, clothing, promotions, and aerial displays. Once approved, advertising may be disseminated repeatedly if there are no substantial or material deviations in the use, message, or distribution thereof.

(2)

The ABC board may exercise its discretion to prohibit advertising it considers objectionable.

(3)

All advertisements shall pertain to alcoholic beverages approved and/or listed by the ABC board at the time such advertisements are disseminated.

(4)

No advertisement may include any illustration(s) of any person(s) consuming alcoholic beverages or any person(s) posed in an immodest or sensuous manner, nor shall any advertising contain profanity or offensive language.

(5)

No advertisement shall include anything which might appeal to minors by implying that the consumption of alcoholic beverages is fashionable or the accepted course of behavior.

(6)

No promotional activities, sweepstakes, or contests may award alcoholic beverages as prizes therefor.

(7)

Refund coupons or cents-off coupons which require or induce the purchase of table wine or beer are prohibited.

(b)

It shall be unlawful for any person, business, or premises selling beer, wine, and/or alcohol for on-premises and/or off-premises consumption to display any sign (electronic, painted, or otherwise) containing the English name, brand name, or any phonetic spelling or misspelling of an English name for any alcoholic beverage as enumerated and defined in this chapter (including any type of illustration or image depicting an alcoholic beverage) outside any place of business or in any window or door visible from the outside of the business. For the purposes of this chapter, any sign attached directly to any part of a window or its surroundings (including windows integrated into doors) or any sign placed within 36 inches of the window with its content visible from the outside will be considered to be in the window. Any inconsistency with any prior ordinance which is in conflict with the terms and conditions of this section or contrary to its intent shall be superseded by this section to the extent of the conflict.

(c)

No sign of any kind advertising table wine shall be displayed outside any retail place of business. Radio, television, newspaper, magazine, billboard, and commercial vehicles used for transportation of table wine may be used to advertise table wine in accordance with the rules and regulations issued by the Alabama Beverage Control Board, provided, however, that there shall be no advertising of table wine on billboards located in "dry" counties as defined.

(d)

It shall be unlawful for any person who owns or operates a place where vape products, tobacco, e-cigarettes, CBD, THC (including but not limited to CBD products, Delta-8 and Delta-9) or medical cannabis are sold to display any feather flags, banners, signs or electronic signage (including, but not limited to neon signs, LED signs, digital displays, interactive displays, mobile displays, etc.,) containing the English name, brand name, illustration/image or any phonetic spelling or misspelling of an English name for vape products, tobacco, e-cigarettes, CBD, THC or medical cannabis outside any place of business or in any window or door visible from the outside of the business. For the purposes of this chapter, any sign attached directly to any part of a window or its surroundings (including windows integrated into doors) or any sign placed within 36 inches of the window with its content visible from the outside shall be considered to be in the window. No LED or electronic lighting affixed to the building, door(s) or window(s) shall be permitted if it is deemed by the building official to create a danger to or interfere/impeded the flow of traffic; or if it is deemed to be a nuisance.

(Ord. No. 2020-16, § 10.05, 3-16-2020; Ord. No. 2024-17, § IV, 4-22-2024)

State Law reference— Code of Ala. 1975, 28-3-49.

(a)

A sign may be illuminated if illumination is confined to the surface of the sign and the electrical wiring servicing said sign meets the electrical codes of the City of Cullman. Lighting shall be so designed that the intensity and characteristics of the lighting shall not interfere with adjoining properties or create danger to street traffic. Signs shall not be erected or maintained which contain, include, or are illuminated by any flashing, intermittent, or moving lights except those giving public information such as, but not limited to, time, date, temperature, weather, or news.

(b)

Signs of any size mounted on trailers and other portable signs are strictly prohibited, and no variance or special exception shall be granted authorizing such a sign. A truck or other vehicle displaying as sign may circulate on the streets of the city, but no vehicle displaying such a sign shall be parked outside an enclosed building for longer than 90 minutes.

(Ord. No. 2020-16, § 10.06, 3-16-2020)

(a)

The following signs are prohibited:

(1)

Any sign advertising a yard sale or similar type, except one sign not to exceed two square feet in area may be located in the yard, not on any public right-of-way, where such sale is being held.

(2)

Any sign erected on a public right-of-way except street signs, directional signs and other signs that are erected or permitted by city, county, or state officials.

(3)

All signs attached to utility poles, trees, street signposts, or any permitted sign or sign support.

(4)

All signs obstructing any sidewalk, driveway, alley, or street.

(5)

All signs exceeding 50 square feet in area, exclusive of necessary structural support, placed within ten feet of any property line or any street right-of-way.

(6)

Any sign deemed unsafe by the building official due to its nature or location.

(7)

Bench-type signs located on city or state rights-of-way.

(8)

Animated or motion signs. Signs and billboards with animated, blinking, chasing, flashing, moving, revolving or rotating effects by either natural or artificial means, used to depict action or to create a special effect or scene are prohibited, with the exception of (i) signs and billboards that alternate the display of time (including moving hands of a clock) or temperature; and (ii) signs and billboards that change characters, letters, or illustrations either manually or electronically (including barber poles), without altering the sign or billboard.

(b)

Any sign installed or placed on a public right-of-way shall be forfeited to the public and subject to confiscation. In addition to other remedies provided under this article, the city shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal.

(c)

Council findings. The city council hereby prohibits portable signs throughout the city owing to the findings related to the protection of the public health, safety, morals, and general welfare:

(1)

Portable signs are not a uniquely valuable mode of communication; that is, ample methods of communication are available as alternatives to portable signs.

(2)

Evidence has shown that portable signs are a threat to public safety.

(3)

Portable signs are not in keeping with the city's aesthetic standards. Portable signs contribute to visual clutter in commercial and industrial centers.

(4)

The city's only effective alternative in controlling the detrimental effects of portable signs is outright prohibition in all cases.

(5)

Removal. All portable signs shall be deemed in violation of this article if not removed within one year of the effective date of this article.

(Ord. No. 2020-16, § 10.07, 3-16-2020; Ord. No. 2023-29, § IV, 8-21-2023)

One sign shall be permitted for approved home occupations, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building. Signs or displays of goods on public property are prohibited.

(Ord. No. 2020-16, § 10.08, 3-16-2020)

(a)

All temporary signs such as yard sale signs, political signs, banners or other like signs shall be removed by parties involved after their usefulness has been fulfilled or upon notification by the building official. In no case shall such signs be placed on rights-of-way, in medians of highways, or on public property.

(b)

Temporary banner (exterior). A banner, as defined in this article, may be displayed to advertise or identify activities, grand openings, and sales and must be erected on the address where the event is to take place. Banner shall not be placed on the right-of-way. Such banner shall be limited to one per address, not to be displayed longer than the event or 30 days, whichever comes first, not to exceed 32 square feet, and to be removed immediately following the event.

(c)

Temporary real estate signs. Any real estate company or property owner for the sole purpose of selling or renting property in the city shall be permitted to have signs on property only (on-premises signs). On-premises signs shall not exceed nine square feet in area on a residential lot or 32 square feet on a nonresidential lot; shall not interfere with traffic visibility at intersections or public street and private drives; and shall be removed within seven days after a sale, lease, or rental. An on-premises real estate sign may only contain the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner, property manager, or agent. Temporary real estate signs, signs directing people to such properties, signs advertising an open house or other amenities relating to the properties shall not be placed in the public right-of-way or median of any street or highway or public easement, or on public property.

(d)

Temporary construction site identification sign. Not more than two construction signs per street frontage shall be permitted on the site where building is actually in progress under a current building permit. Such signs shall not exceed 32 square feet in area. A construction sign may identify the project on the site and include the owner or developer, architect, engineer, contractor, subcontractor, funding sources, and related information such as but not limited to sale or leasing information. Such signs may not be erected before a building permit is issued and must be removed before a certificate or occupancy is obtained.

(e)

Temporary political signs. A temporary political sign may be erected in connection with elections or political campaigns. Such signs shall not exceed nine square feet in area on a residential lot or 32 square feet on a nonresidential lot; shall not be placed in the public right-of-way, median of any street or highway or public easement, or on public property; shall not be erected on any utility poles or traffic control signs; shall not interfere with traffic visibility at intersections or public street and private drives; and shall be removed within 72 hours after the election or political campaign.

(f)

Temporary garage or yard sale sign. A temporary sign advertising the sale of personal property on a lot may be erected only on the lot where the sale is to take place. Such signs shall not exceed nine square feet in area on a residential lot; shall not be placed in the public right-of-way, median of any street or highway or public easement, or on public street and private drives; shall not be erected on any utility pole or street sign; and shall not be erected more than 72 hours prior to the sale and shall be removed within 24 hours after the sale.

(g)

Temporary commercial sponsorship. A banner or sign rented by a business, entity or person for off premises commercial sponsorship and advertisement rights, which are temporary in nature, as a means of funding and supporting one of the following: (i) education associated projects, teams, activities and groups; (ii) not-for-profit entities and activities; and (iii) governmental agencies within the jurisdictional boundaries of the city for the general public may be displayed at a location owned or leased by schools, school system or governmental agencies. Temporary commercial sponsorships shall be removed after their usefulness has been fulfilled. They may remain, or be put back into place, upon their seasonal renewal by the business, entity or person providing the commercial sponsorship as a benefit to one of the above-listed groups.

(Ord. No. 2020-16, § 10.09, 3-16-2020; Ord. No. 2023-29, § V, 8-21-2023)

The city council hereby finds and determines that further regulation of the location, size, and certain features of billboard signs is necessary to enable the public to locate goods, services and facilities without difficulty, while ensuring the continued attractiveness of the community and the protection of property values.

(1)

Location. No billboard sign, display or device shall be hereafter erected or maintained in any zoning district, except as described in this section:

a.

Billboard signs may be permitted in a B-1 or B-2 zoning district provided that they are located within 660 feet of an officially designated interstate highway. No billboard sign shall be affixed on any building. Billboards may also be permitted in B-1 and B-2 zoning on the following state highways within the city limits of Cullman: Highway 69, Highway 278, Highway 31, and Highway 157 under the following conditions:

1.

No sign may be closer than 4,000 feet from an existing billboard within the Cullman city limits no matter what side of the road it is upon (with exception of billboards located along I-65 as stated in section 62-150(4)b.

2.

Billboard may not be erected closer than ten feet from any of the property lines of the lot or parcel upon which the sign is located. No sign may be built within the radius of 2,000 feet from the center of the intersection of Highways 31 and 278.

3.

Billboard must be a minimum of 25 feet from the ground to the bottom of the billboard.

b.

Signs located within a B-1 and B-2 zoning district other than subsection a. above shall not be for hire and shall advertise the business at that location or be located on property immediately adjacent to the place of business so advertised.

c.

All billboard signs shall be approved by the building inspector after complete plans and specifications, designed by a professional engineer legally registered in the State of Alabama and said engineer shall affix his official seal and signature to the plans and specifications, have been submitted and found to be in compliance with all pertinent codes and ordinances of the City of Cullman. Upon request, a survey may be required to be submitted by the owner to the building official.

d.

The owner of said sign shall also secure, at his expense, all necessary approvals from the department of transportation and the land owner and submit said approvals to the building inspector along with his request for approval.

(2)

Size.

a.

The maximum area for any one sign shall be 672 square feet with a height that does not exceed 14 feet and a width that does not exceed 50 feet inclusive of any border and trim but excluding the base or apron, supports, and other structural members.

b.

The area shall be measured by the smallest square, rectangle, triangle, or circle or combination thereof which will encompass the entire sign.

c.

A sign structure may contain one or two signs per facing and may be double-faced, back-to-back, or V-type, provided that if two signs are facing the same direction, the aggregate total area shall not exceed 672 square feet.

(3)

Lighting. A sign may be illuminated if illumination is confined to the surface of the sign and the electrical wiring servicing of said sign meets the electrical codes of the City of Cullman. Lighting shall be so designed that the intensity and characteristics of the lighting shall not interfere with adjoining properties or create danger to street traffic. Signs shall not be erected or maintained which contain, include, or are illuminated by any flashing, intermittent, or moving lights except those giving public information such as, but not limited to, time, date, temperature, weather, or news.

(4)

Spacing.

a.

Billboard signs shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device, or which obstructs or physically interferes with the driver's view of approaching, merging or intersecting traffic.

b.

There shall be at least 500 feet between billboard signs located within 660 feet of I-65 on the same side of the highway. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

c.

All other sign spacing shall be spaced in accordance with section 62-150(1), location.

(Ord. No. 2020-16, § 10.10, 3-16-2020)