33-75.01. Generally.

(a)

With the exception of those properties that fall inside the Gateway Overlay Districts, which include the Emerging, Redevelopment and Core Gateway Overlay Districts as delineated by article IV, section 33-36.03, Boundaries of the Gateway Overlay Districts, all parcels are permitted to have permanent accessory signs in the BR, E-1, P-1, C-1, C-2, C-2A, C-2AC, C-3, C-4, M-1, and PD zoning districts as provided below. In the P-1 and C-3 zoning districts, if the front yard or side yard of the property for which a sign is proposed is located adjacent to a residential land use, the total square footage of the sign shall not exceed 50 percent of the maximum square footage of the signage permitted in this district.

Signs inside a Gateway Overlay District must meet the requirements of section 33-36, article IV, Overlay and Floating Zones as described in Table 33-75.01(b) below.

(b)

TABLE—Signs in the Gateway Overlay Districts.

33-75.02. Sign types allowed. A permanent accessory sign may be a ground or building sign. A permanent accessory sign may not be a roof sign.

33-75.03. Content. A permanent accessory sign may display any message so long as it is not harmful to minors as defined by this article.

33-75.04. Permissible number, area, spacing and height of permanent accessory signs. The following section addresses all areas of the city not included in the Gateway Overlay District. The areas included in the Gateway Overlay District are described in article IV. Signs located in a Gateway Overlay District must meet the applicable criteria.

(a)

Ground signs.

1.

One ground, either monument type or pole type, sign may be permitted per street frontage.

2.

The maximum height of ground sign shall not exceed 12 feet, except in the Gateway Overlay Districts as specified in section 33-36.04.

3.

The maximum sign area of a ground sign shall be determined by the standards below:

a.

Any property having a total area of less than two and one-half acres may have one double-faced sign per street frontage, with a maximum of 48 square feet of sign area per side.

b.

Any property having a total area of two and one-half acres up to five acres may have one double-faced sign per street frontage, with a maximum of 68 square feet of sign area per side.

c.

Any property having a total area of five acres or more may have one double-faced sign per street frontage, with a maximum of 128 square feet of sign area per side.

d.

Any property having a total area of twenty acres or more may have one double-faced sign per street frontage, with a maximum of 150 square feet of sign area per side.

4.

Ground signs shall comply with the provisions of section 33-90.03(o) or be set back at least a minimum of five feet from the right-of-way, whichever is greater except in the Gateway Overlay Districts as specified in section 33-36.04. Depending on the type of site plan, city staff, the technical review committee, planning board or the city commission, as the case may be, may allow modification of the required setback where the modification meets the intent of the regulation.

5.

Shopping centers fronting the street in excess of 450 feet and having two entrances at least 300 feet apart may have two signs, smaller than or equal to the size limitations set forth herein, one at each of the specified entrances.

(b)

Building signs.

1.

Signage shall be permitted on the building frontage. Subject to the design criteria in section 33-78 of this article, the top of a building sign shall not exceed above the roofline.

a.

Sign area may be transferred from the primary building frontage to the sides and rear of the building provided those sides are not oriented toward residential uses and the following conditions are met:

(1)

Building facades on which additional signage is placed must be finished with the same or similar architectural facade treatment and quality as the primary building frontage.

(2)

Building signs for outparcels shall comply with the approved sign program for multi-tenant complexes or centers in accordance with section 33-78.09.

(3)

The size of the total signage is determined by the street frontage.

2.

For buildings and for each tenant storefront 50 feet in length or less, the maximum sign area shall be determined by multiplying the building front foot (length of building that faces street) by 1.5 feet. The maximum sign area for buildings greater than 50 feet, but less than 200 feet, in length shall be determined by multiplying the building front foot (length of building that faces street) by one foot, with a maximum of 100 square feet, whichever is less. If the building is more than 200 feet in length, the maximum sign area is 150 square feet. Maximum sign area cannot be exceeded regardless of which side(s) of the building the sign is displayed on. The above calculation shall be applied to each tenant store front in buildings with multiple tenant store fronts.

3.

Marquee type signs will contain no more than 32 square feet of area.

4.

Canopy signs, such as those used at automobile service stations, shall count towards the total copy area permitted per front facade of the primary building. Corporate designs, logos, stripes and color, if the color is an accent, count as part of the overall sign area.

(c)

Multiple frontages. If a building has frontage on two or more streets, each frontage shall be separately considered for the purposes of determining compliance with the provisions of these regulations, but the permitted sign area for one frontage may not be combined with that permitted on another frontage to increase the permitted number or area of signs on one frontage.

(d)

Historic signs.

1.

All signs inside the Historic District Overlay shall comply with the following standards in addition to the Gateway Overlay District:

a.

If the sign is a pole sign, the sign shall be cantilevered and meet the following:

(1)

Pole signs shall be tapered and constructed of a smooth black metal.

(2)

There shall be an approximate distance of three feet between the mounting of the cantilevered arm and the top of the pole.

(3)

The cantilevered arm shall be constructed of a smooth black metal and shall not extend more than four feet from the pole.

(4)

Pole signs must receive certificate of appropriateness from the historic preservation board.

(5)

Pole signs shall not exceed 12 feet in height.

(6)

Pole signs shall not exceed 16 square feet of copy area.

b.

If the sign is a ground mounted sign it shall be a monument sign that meets the following:

(1)

Ground mounted signs shall not exceed 8 feet in height.

(2)

Ground mounted signs shall not exceed 48 square feet of copy area.

2.

All building signs, including awning signage, inside a Historic District Overlay shall comply with the following standards:

a.

Sign material may consist of wood or other appropriate material that is compatible with the historic character of the building upon which it is located.

b.

Color of sign must be approved by the historic preservation board by either [its inclusion] on the approved color palette or direct vote of the board.

c.

Internally lighted signs are prohibited. Back light or front light signs are permitted.

d.

Signs may be painted directly onto building, using only approved colors.

e.

Sign copy placed upon, or under, awnings will count towards total area for building signs in accordance with section 33-78.05 a. and b.

(e)

Residential development identification signs.

1.

Ground signs.

a.

Developments of 12 units or less may have one ground sign, not to exceed 16 square feet in area per side, for each street frontage.

b.

Developments of 13 units or more may have one double-sided or up to two single-sided ground signs, not to exceed 48 square feet, for each street frontage.

c.

Signs may be installed on a perimeter fence or wall.

2.

Ground sign height and setback.

a.

Maximum sign height shall not exceed eight feet.

b.

Ground signs shall have a minimum setback of five feet from the right-of-way line and ten feet from a side lot line.

3.

Building signs.

a.

One building sign may be used in lieu of a ground sign of a maximum size specified in sections 1. and 2. above. No projecting or roof signs shall be permitted.

4.

Maintenance. The city shall ensure that such signs shall be maintained perpetually by the developer, the owner of the sign, a pertinent owners' association, or some other person who is legally accountable under the maintenance arrangement approved by the city staff. If no accountable person accepts legal responsibility to maintain the signs and no other provision has been made for the maintenance of them, the developer or owner shall remove the signs.

(f)

Nonresidential uses in residential zones. The following ground sign areas shall be permitted for nonresidential uses in residential zones.

1.

Houses of worship.

a.

All signs shall comply with the regulations of the applicable Gateway District. If the site is outside the Gateway District, then the following standards shall apply.

b.

The maximum area of the sign shall be 48 square feet per side. The maximum height of a ground sign shall not exceed eight feet.

c.

The maximum area for a building sign shall be 32 square feet. The building sign may be in the form of a marquee type sign.

2.

Day care, nursery school, associated with houses of worship. The maximum area of a ground sign shall be 16 square feet per side. The maximum height of a ground sign shall be eight feet. Ground signs shall comply with the provisions of section 33.90.03(o) or be set back a minimum of five feet from the right-of-way, whichever is greater.

3.

Home occupation. The maximum area of a sign shall be one square foot, affixed on the wall adjacent to the front entrance of the building.

(g)

Public uses and buildings. Public buildings, parks, community centers, and other public uses are exempt from the sign regulations. Design of signs shall be compatible with the building design.

(h)

Bed and breakfast signs.

1.

Generally. A permanent accessory sign may be displayed by any permitted bed and breakfast facility regardless of the zoning district in which they are located provided that the following standards are met.

2.

Restrictions.

a.

One cantilevered pole sign or ground sign shall be permitted in the front yard setback area provided the front lot line abuts a public right-of-way. The sign may be a single sign structure with two faces of equal size.

b.

Each bed and breakfast may also display one nonilluminated wall mounted sign with a maximum area of three square feet.

c.

Bed and breakfast advertising signs shall comply with the following standards:

(1)

In any residential zoning district and in the P-1 and E-1 district, the maximum pole or ground sign area shall not exceed ten square feet per side.

(2)

In residential zoning districts and in the P-1 and E-1 district, the overall height of the pole or ground sign/structure may not exceed eight feet.

(3)

Bed and breakfast advertising signs may be lit by incandescent or fluorescent shielded lights or landscape lighting, provided the bulb wattage does not exceed 100 watts and the illuminated area is limited to the subject property.

(4)

In no instance shall neon, metal halide, quartz, low- or high-pressure sodium lighting be permitted to be incorporated into the sign or to illuminate the sign.

(5)

In commercial zoning districts, the signs must comply with the applicable zoning district or Gateway District.

d.

Under no circumstances shall an off-premises sign be permitted to advertise a bed and breakfast located in a residential zoning district.

(i)

Utility signs. Public utility signs that identify the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances are permitted so long as they do not exceed three feet in height, and so long as the sign face does not exceed one square foot.

33-75.05. Electronic or LED signs.

(a)

Time-temperature-date signs. Time-temperature-date signs are permitted as a permanent accessory sign on commercially developed parcels notwithstanding the general prohibition on changing signs. These signs may only display numerical information in an easily comprehensible way and shall be kept accurate. They may be ground or building signs, and are subject to the regulations applicable to such signs. They shall be counted as part of an occupancy's allowable sign area.

(b)

[Electronic message center signs.] Electronic message center signs are permitted in place of a manual changeable copy board sign, provided that the following conditions are met:

1.

A notarized affidavit is provided with the sign permit application stating the sign will be constructed and operated in compliance with city code, and that it will not flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color in accordance with section 33-73(y); and

2.

The freestanding sign that contains a display screen shall meet the requirements of this chapter; and

3.

The display screen shall not be oriented toward or face a residential zoning district; and

4.

A photometric plan outlining the proposed illumination levels in foot-candles shall be provided with the sign permit, which plan shall demonstrate that illumination levels shall not exceed 0.3 foot-candles, measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message center off, and again with the electronic message displaying a white image for full color-capable signs, or a solid message for single color signs. All measurements shall be taken perpendicular to the face of the electronic message center at a distance determined by the total square footage of the sign as set forth in the accompanying "Electronic Message Center Sign Area Versus Measurement Distance Table" below:

Electronic Message Center Sign Area
Versus Measurement Distance

; and

5.

The display screen must be integral to the design of the sign structure and shall not be the dominant element; and

6.

Only the identification of the tenants within the center shall be permitted, as off-site advertisement is prohibited; and

7.

The display area shall apply towards the maximum amount of signage permitted per each site regardless of whether it is illuminated or utilized; and

8.

Copy change of display screen shall not be more frequent than once per day; and

9.

The display screen is restricted to a single permanent background color, per copy change. A malfunctioning electronic message center shall be programmed to turn off or otherwise display a blank screen. Electronic message centers must be equipped with software programming controls that automatically turn the sign off if the display is malfunctioning in any way; and

10.

Any message or picture displayed shall be static in nature and shall not scroll, blink, flicker, flash, scintillate or be otherwise animated; and

11.

The display screen area shall provide a high resolution picture quality. Exposed neon or fiber-optic tubing on electronic message centers is prohibited; and

12.

Electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and can be programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements; and

13.

An information sheet shall be submitted as part of the sign permit application which includes the manufacturing specifications of the display screen being installed, along with contact information of the property owner, sign contractor and the display screen maintenance provider; and

14.

The conversion of any existing permitted sign to an electronic message center or the installation of an electronic message center on or within an existing permitted sign shall require the approval of a new sign permit.

33-75.06. Directional signs. Directional signs limited in area to three square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as permanent accessory signs on all parcels and shall not be counted as part of an occupancy's allowable sign area.

(Ord. No. 2013-11, § 1, 8-5-13)