The purpose of this article is to regulate the size, illumination, materials, location, height, and condition of all signs placed upon private property for exterior observation within the town to promote the creation of a convenient, attractive and harmonious community, ensure the safety of pedestrians and motorists, and preserve property values. This article is intended to allow adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment of the United States Constitution. If any provision of this article is found to be invalid, such finding shall not affect the validity of other provisions of the article that can be given effect without the invalid provision.

(Code 1988, § 9-194.0; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-frame sign means a type of portable sign consisting of one or two sign faces that are connected at the top but are separated at the bottom, forming the shape of an "A." This sign is also commonly referred to as a sandwich board sign.

Area means the area of the smallest rectangle which can fully enclose the sign. (Where multiple signs share the same support structure, their combined area is the sum of their individual areas.) The area of a sign designed to be viewed from two directions shall be the area of the largest side. Nevertheless, if the two faces of the sign are more than two feet apart, or neither parallel nor at an angle of less than 45 degrees, the area of the sign shall be the total area of both sides. The area of signs with more than two sides shall be the total area of all sides. A sign's support structure is not considered when calculating the area of a sign.

Electronic message board means a type of illuminated sign that consists of electronically changing text and symbols, including, but not limited to, a sign with a digital display such as an LCD, LED, or plasma display.

Ground sign means any sign which rests directly on the ground or is supported by uprights or braces placed in or upon the ground. Two separate signs built on the same support structure shall be counted as one ground sign.

Height means the vertical distance from the ground to the highest point on the sign or its support structure. A berm built beneath the sign shall not be counted as the ground for the purpose of calculating the height of a sign.

Illuminated sign means any sign, the features of which include artificial lighting. The term "illuminated sign" includes, but is not limited to, neon signs, glow-in-the dark signs, signs which are made up in whole or in part by lighting, and signs which are illuminated by one or more spotlights.

Incidental signs means signs allowed under section 30-851(a). They shall not be treated as ground signs, wall signs, or roof signs.

Location means the broadest of the following: a lot, or multiple lots, if spanned by a single entity, organization, or enterprise.

Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Minor sign means a sign not exceeding one square foot in area and four feet in height.

Nonconforming sign means a sign lawfully erected and maintained prior to the adopting of this article that does not conform with the requirements of this article.

Off-premises sign means a sign erected on one location for the use or benefit of a different location, including, but not limited to, a billboard.

Relate means a sign that relates to a location if it directs attention to a business, product, service, or activity conducted, sold, or offered at that location, or if it describes certain characteristics or qualities of that location.

Roof sign means any sign located upon the roof of any building or other structure.

Setback means the minimum distance between any portion of the sign and any public or private street.

Sign means any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, or any body of water which is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. For the purpose of clarification, example of items which do not satisfy the necessary elements of the term "sign" include, but are not limited to, pavement markings, architectural elements incorporated into the style or function of a building, and the display of merchandise for sale on the site of the display which are inside a structure and visible externally only through windows.

Temporary signs means either of the following:

(1)

Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light materials with or without frames, intended to be displayed for a short period of time; or

(2)

Any sign which, through the use of wheels or otherwise, is designed to be transported from place to place.

The category of temporary signs is not mutually exclusive with other categories. For example, a temporary sign may also be a ground sign. Therefore, a temporary sign must meet the requirements for temporary signs as well as other requirements which apply to the type of sign involved.

Wall sign means any sign which is attached to the front, rear or side of any building or other structure.

(Code 1988, § 9-194.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

(a)

In addition to signs permitted by other sections of this article and subject to the other limitations of this chapter, including the limitations of section 30-857, the following incidental signs are allowed in all zoning classifications:

(1)

One temporary sign of not more than four feet in height and nine square feet in area on any lot which is for sale or rent, or which a portion thereof is for sale or rent.

(2)

One temporary sign of not more than four feet in height and nine square feet in area on any property with an active building permit.

(3)

Signs not more than two square feet in area that are written into stone, masonry, or bronze.

(4)

For subdivisions, one ground sign no more than five feet in height and 40 square feet in area.

(5)

Signs affixed to gasoline pumps or protective structures adjacent to such pumps, provided the sign is not larger than the pump itself.

(6)

Two minor signs on any lot.

(7)

Flags up to 16 feet in square area.

(8)

Signs erected by a governmental body or required by law.

(9)

Temporary signs posted or displayed by or under the direction of a public official or court officer in the performance of their official duties.

(10)

One ground sign or wall sign on any cemetery plot, mausoleum, or aboveground burial vault.

(11)

One A-frame sign on a business lot is allowed to be displayed during the normal operating business hours of the business at which it is located. The sign shall be placed so as not to impede any pedestrian or vehicular right-of-way.

(b)

Incidental signs in any zone need only have a setback of ten feet. All incidental signs must be located on the same location to which they relate.

(c)

The incidental signs allowed in this section do not count against the zoning-specific allowances set forth in section 30-852.

(Code 1988, § 9-194.2; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Subject to all other limitations of this chapter, the following signs are allowed:

(1)

In R-1, R-2 and R-3 zones, the following signs shall be allowed:

a.

One wall sign no larger than four square feet.

b.

As an alternative to the sign permitted under subsection (1)a of this section, one ground sign no larger than three square feet in area and no more than four feet in height.

(2)

In all other zoning classifications, any combination of ground, wall, or roof signs are permitted, provided:

a.

On any lot, ground signs within 25 feet of the street must be placed at least 100 feet apart; and

b.

The total area of wall signs located on a lot shall not exceed one and one-half square feet of sign area for each linear foot of main building/business frontage and such signs shall be located on the main building or other structure on the lot. On a corner lot, the permitted sign area shall apply to each street frontage. The total area of signs on any lot shall not exceed 100 square feet in a B-1 zone; 150 square feet in a HB-1, B-2, A-1, or A-2 zone; or 200 square feet in an M-1 zone.

c.

Notwithstanding subsection (2)b. above, for any lot in the B-1 zone on which there are multiple businesses, institutions, or organizations operating in compliance with the town's zoning ordinance, whether within one common building or within multiple buildings, the total area of all wall signs located on such lot shall not exceed one and one-half square feet of sign area for each linear foot of building/business frontage on the lot, and such wall signs shall be located on the building or other structure which houses the business, institution, or organization that each wall sign relates to. On a corner lot, the permitted sign area shall apply to each street frontage. The total area of all signs on any such lot shall not exceed 350 square feet. The total area of all ground signs on such lot shall not exceed 100 square feet.

(Code 1988, § 9-194.3; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020; Ord. of 4-11-2022, § 1)

(a)

Signs greater than 100 square feet in area must have a setback of at least 25 feet.

(b)

With the exception of signs allowed pursuant to section 30-851(8) and (9), all signs must be placed at the location to which they relate.

(Code 1988, § 9-194.4; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Wherever the principal structure or use of a lot complies with a more restrictive zoning classification than the lot is actually zoned, the sign regulations for the more restrictive classification shall govern. However, if there are multiple uses of a principal structure or lot, the sign regulations for the actual zoning classification of the lot shall apply.

(Code 1988, § 9-194.5; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Upon proper application, and after following the process described in division 4 of article II of this chapter, the council may grant a special use permit authorizing a sign which would otherwise be prohibited by this chapter. The permit may contain such conditions as the council deems proper.

(Code 1988, § 9-194.6; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

(a)

Notwithstanding any other provision of this article, no sign shall be erected or maintained at any location whereby reason of its location, size, shape, illumination, or other characteristic, there is a reasonable possibility that it will obstruct drivers' or pedestrians' view of a road, sidewalk, or traffic control device (or otherwise create a traffic hazard) such that the sign presents an imminent or immediate threat to life or property. The town manager shall have the authority to order the removal or relocation of any sign he finds to be in violation of this section.

(b)

No sign shall contain or make use of any word, phrase, symbol, shape, form, or character so as to interfere with, mislead, or confuse traffic.

(c)

No sign having flashing, intermittent, or animated illumination shall be permitted. However, this prohibition does not extend to electronic message boards in which the flashing, intermittent, or illumination itself conveys information.

(d)

No illuminated sign shall be permitted within 50 feet of any residential district unless the illumination is so designed that it does not shine or reflect light onto residential lots within the residential district.

(e)

Where a lot has insufficient front yard to reasonably accommodate a sign, the town manager may, but shall not be required to, authorize the location of a sign on or above public land. Such authorization shall be revocable and shall not import the approval of any other governmental agencies which might be interested. The town manager may condition such authorization on the applicant first obtaining any and all other required approvals.

(f)

No sign shall exceed the maximum height for structures in the relevant zoning classification.

(g)

All signs shall be neatly lettered and maintained in good repair.

(Code 1988, § 9-194.7; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Temporary signs must meet the requirements of this section in addition to all other applicable requirements of this article.

(1)

Temporary signs are allowed for the following periods:

a.

For signs authorized by section 30-851(a)(1), the time a lot is for sale or rent, or which a portion thereof is for sale or rent, only until the lot or the portion thereof is sold or rented.

b.

For signs authorized by section 30-851, the time a lot has an active building permit, only while the permit is active (up to a maximum of 24 months).

c.

For other temporary signs, 60 days.

(2)

Temporary signs may be placed on town property only with written permission of the town manager.

(3)

When a temporary sign is removed, it may not be replaced by the same or another temporary sign for 30 days.

(Code 1988, § 9-194.8; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Off-premises signs may be allowed for certain civic organizations. They generally must have approval from the property owner and the town's zoning administrator.

(Code 1988, § 9-194.8.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

(a)

Alterations. Any sign existing prior to May 1, 1995, which does not meet the requirements of this article is declared a legal nonconforming sign and may remain. Normal maintenance of a legal nonconforming sign, including changing of copy or sign face, nonstructural repairs, and incidental alterations which do not extend or intensify the nonconforming features of the sign, shall be permitted. However, no structural alteration, enlargement, or extension shall be made to a legal nonconforming sign unless the alteration, enlargement, or extension will result in elimination or reduction of the nonconforming features of the sign.

(b)

Additional signs. Real properties with nonconforming signs are not permitted any additional signs, except that each business located in a shopping center shall be allowed one attached sign.

(Code 1988, § 9-194.8.2; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

(a)

All temporary signs are to be removed by the owner no later than three days following cessation of activity for which the signs are intended. If such removal is not accomplished, the zoning administrator shall cause the removal and charge the cost to the owner on whose property the sign is located or take such other action as is permitted.

(b)

Every sign, including those exempt from the permit and fee requirements of this article, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports that are not galvanized or of a rust-resistant material. The administrator or his representative shall inspect and possess the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to the health, safety or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

(c)

All signs are to be removed by the owner of any business that has ceased to operate for a period of 60 days. If such removal is not accomplished, the zoning administrator shall cause the removal and charge the cost to the owner on whose property the sign is located or take such other action as is permitted.

(Code 1988, § 9-194.8.3; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)

Except for temporary signs and incidental signs, no sign shall be installed until a zoning permit is issued in accordance with section 30-108. The application for such a zoning permit to install a sign must be in the form prescribed by section 30-109 and must include a sketch of the proposed sign, along with its support structure. The application shall specify the area and height of the sign. The zoning administrator shall either approve, reject, or notify the applicant of deficiencies in the application within 20 business days after receipt. Any application that complies with all provisions of this article, this chapter, the building code, and other applicable laws, regulations, and ordinances shall be approved. If an application is rejected, the zoning administrator shall provide a list of the reasons for the rejection in writing.

(Code 1988, § 9-194.9; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 4-8-2019; Ord. of 10-13-2020)