Derby City Zoning Code
ARTICLE XI
Signs
§ 195-65 Intent.
A.
It is the intent of this article to provide for appropriately designed signs which are suitable to perform designated functions within a particular zone, which are compatible with adjacent developments and land uses and which do not detract from property values or impair the public health, safety and welfare.
B.
Application for a sign permit shall be submitted to the Zoning Officer for approval prior to submittal of a building permit application.
§ 195-66 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A. BILLBOARD BUSINESS CONSTRUCTION DIRECTIONAL IDENTIFICATION NAMEPLATE PUBLIC INTEREST PUBLIC WARNING REAL ESTATE ROADSIDE SPECIAL EVENT
Sign function definitions.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises where such sign is located or to which it is affixed. Such signs shall include those of individual retail, wholesale, industrial or commercial establishments.
A sign erected on a site which is to be developed or is being developed.
A sign which improves the flow and safety of vehicular and pedestrian circulation of a site through the use of messages such as "entrance," "parking" and "shipping and receiving."
A sign on the premises indicating only the name of a professional or office building; an occupied residential development, industrial area or park or commercial shopping center; or the name of a school, park, church, hospital or other public or quasi-public facility.
A sign on the premises indicating the name and/or the activity of the occupant or occupants of a professional or office building or the name and nature of a home occupation.
A sign informing the public of matters of public interest associated with political, fraternal, social or service organizations.
A sign informing the public of danger, hazard, trespass, infringement or request.
A sign offering for sale or lease the property on which it is located. It may include reference to the owner or agent.
A sign which directs attention to the sale of agricultural produce grown on the premises.
A temporary sign which announces a business opening, special event, festival or bazaar.
B. ANIMATED CANOPY CHANGEABLE COPY SIGN FREESTANDING PROJECTING ROOF TEMPORARY WALL
Sign construction definitions.
A sign which involves motion or rotation of any part or which displays flashing lights, intermittent lights, creates an illusion of movement or the copy or image of which changes at intervals of once each 10 or more seconds.
A sign placed on the panels of a permanent canopy or erected above and supported by the canopy and extending no higher than the eaves or the top of a parapet wall.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign at intervals of less than once each 10 seconds.
A sign placed on the ground or supported by a structure other than a building placed in or upon the ground.
A sign supported solely by a building and projecting more than 18 inches.
A sign erected above roof level, but not including a sign which extends no higher than the eaves or the top of a parapet wall.
Any sign, banner, pennant, valance or advertising display constructed of cloth, fabric, cardboard or other light material intended to be displayed for a short period of time.
A sign placed on a wall of a building and extending no higher above roof level than the eaves of the top of a parapet wall.
C. INDIRECTLY ILLUMINATED INTERNALLY ILLUMINATED NATURAL
Sign lighting definitions.
A sign illuminated by devices which project artificial light from within (halo lighting) or outside (floodlighting) it and involves no translucent surfaces.
A sign which has a light source that is concealed within the sign and becomes visible in darkness through a translucent surface. This includes signs having a translucent and illuminated background and those with opaque background and translucent and illuminated copy, symbols, etc.
A sign depending on natural light for illumination.
§ 195-67 Miscellaneous sign regulations.
A.
Signs other than public interest, public warning and directional signs shall be considered accessory uses.
B.
Portable sidewalk signs are prohibited.
D.
Signs painted directly upon the surface of any wall are prohibited, except that the Commission may approve such signs (e.g., supergraphics) if it finds that the sign will be in harmony with surrounding developments; that the removal of the sign (if it should be necessary, for whatever reason) can be reasonably achieved without despoiling the surface of the wall; and that the sign conforms to sign area requirements.
E.
Roof signs are prohibited, except that the Commission shall approve such signs in industrial zones if it finds that the sign will not excessively detract from adjacent properties and that other types of signs are unsuitable because of topography or other barriers to reasonable visibility. No roof sign shall be erected in a manner which prevents free passage from one part of the roof to any other part thereof. Roof signs shall provide not less than four feet of clearance between the lowest point of the sign and the roof and not less than three feet clear passageway from other roof obstructions. The distance between the highest point of a roof sign and the roof of the supporting building shall not exceed 1/2 of the height of that building. The highest point of a roof sign shall be no higher than 40 feet above ground.
F.
No line of exposed lights (festooned lights) shall be erected except during the month of December, unless approved by the Zoning Officer.
G.
Projecting signs shall provide not less than eight feet ground clearance or as specified by the Connecticut State Building Code if situated in an area where the public walks. No part of a freestanding sign shall be less than five feet from a public right-of-way. No freestanding sign shall be of a height greater than the eaves or the top of a parapet wall of the building to which it relates.
H.
Except for corner lots and as provided in Subsection Q and § 195-71F, only one freestanding sign or one projecting sign shall be permitted for one lot, even if there is more than one use or business on such lot. However, the Commission may allow more than the permitted freestanding signs as a special use if the applicant demonstrates a need based upon the lot's configuration, size, location, topography or placement of buildings. For corner lots with combined frontages of 150 feet or greater, one freestanding sign per street front shall be permitted.
I.
Nothing in these regulations shall be construed as prohibiting or regulating the installation of emergency, street, public interest or public warning signs by a governmental body.
J.
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the later shall not occupy more than 25% of the total display window area.
K.
Signs placed within three feet of a window and visible from the exterior of the building shall be included in sign area calculations.
L.
All signs relating to a use or activity shall be removed within 30 days after termination of the use or activity.
M.
No construction sign shall be displayed for a time period exceeding 18 months, unless the Commission grants an extension. Construction signs shall be removed immediately after a building project has been completed.
N.
Real estate signs shall not be displayed after the property has been sold.
O.
For nonresidential sites abutting limited access highways, the Commission may allow one freestanding business or identification sign oriented to be visible primarily from the limited access highway. In no case shall the sign have an area in excess of 200 square feet.
P.
No site shall be allowed more than two types of construction or business signs.
Q.
For sites abutting limited access highways, wall signs shall be allowed only on the building elevation facing whichever street is utilized in the address, except as provided below. By special exception, the Commission may permit one wall sign visible towards a limited access highway upon finding that:
(1)
The freestanding sign provided under Subsection O is not feasible because of adverse conditions which visually obstruct the sign.
(2)
The sign is not unduly distracting to drivers, thus constituting a traffic hazard.
(3)
The sign is compatible with the building.
(4)
The sign is not too large for its intended viewer.
(5)
The sign will not despoil the city's image for passing motorists because of its excessive size, its color or design.
(6)
The sign will not negatively affect abutting property values.
(7)
If the sign is internally illuminated it shall be turned on only during normal business hours.
R.
The construction and erection of all signs shall conform to the requirements of the Connecticut State Building Code.
T.
A change of a site's or building's use will require the new use to bring all signs relating to the premises such use occupies into conformity with these regulations.
§ 195-68 Sign lighting requirements.
A.
Sign illumination which simulates traffic lights or emergency warning lights are prohibited.
B.
Internally illuminated signs shall not be permitted if the property on which the sign is proposed abuts a residential zone or is located across a public right-of-way from a residential zone except in such cases where the Commission determines by special exception that there is no negative impact on the residential zone.
C.
All indirect illumination sources shall be shielded so that the light will not shine in the eyes of any person external to the premises on which the sign is displayed.
D.
Signs designed for viewing from one side shall be opaque on the side opposite that containing copy.
§ 195-69 Sign design and area regulations.
A.
Design.
(1)
Signs shall be designed in harmony with the building and established surrounding development. All store units in the same building or in separate buildings on the same lot shall have a uniform design and placement of signs (see Appendix Figures 34 and 34A).
(2)
Signs, the geometry or location of which blocks the public's visibility of pedestrians, vehicular traffic, public information signs or traffic signals, are prohibited.
B.
Area.
(1)
In all zones except residential zones, the following shall apply:
(a)
The maximum allowable sign area for all wall or projecting signs shall equal:
[1]
One square foot for each linear foot of the front wall of the building or establishment for signs located less than 100 feet from the right-of-way.
[2]
One and one-half square feet for each linear foot of the front wall of the building or establishment for signs located between 100 feet and 200 feet from the right-of-way.
[3]
Two square feet for each linear foot of the front wall of the building or establishment for signs located more than 200 feet from the right-of-way.
(b)
For a unified site that contains more than one building or establishment, each such establishment shall be entitled to the sign area attributable to the linear feet of that portion of the front wall which such establishment occupies irrespective of the total sign area of the development.
(c)
The front wall of a building or establishment shall be, for the purposes of this article:
(3)
At no building, establishment or site shall the total area of all signs exceed the maximum allowable sign area for that building, establishment or site.
(4)
The total area of any individual wall or projecting sign shall not exceed the maximum allowable sign area for that sign function and construction, as per § 195-71.
(5)
The sign area shall be the area of the smallest rectangle which will encompass the extreme limits of the writing, representation, emblem, logo or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting structure, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself.
(6)
For freestanding and projecting signs, all sides that are utilized as a sign or part of a sign shall be included in the computation of the total sign area.
(7)
Directional signs shall not be subtracted from the permitted sign allocation, provided that they do not exceed six square feet and not more than 25% of the area is used for business name and/or logo. However, a sign permit must be obtained and the size and location of directional signs must be approved by the Zoning Officer.
§ 195-70 Approval and violations.
A.
No sign shall be permitted in a public right-of-way unless the location is approved by the Zoning Officer or other relevant authorities.
B.
Prior to the installation of all signs, necessary permits and approvals shall be obtained as follows:
§ 195-71 Permitted signs by district.
A.
Signs permitted in business zones.
(1)
Public interest. The Zoning Officer may grant permission for the temporary display of public interest signs of a size, construction and lighting and for such time periods deemed by him/her appropriate for the purpose. However, such signs must be removed three weeks after erection.
(2)
Public warning. The Zoning Officer may grant permission for the erection of public warning signs of a size, construction and lighting deemed by him appropriate for the purpose.
(3)
Business. A gasoline filling station may erect only one freestanding sign, not exceeding 60 square feet with an additional 20 square feet allowed for price information only.
B.
Signs permitted in residential zones.
(1)
Construction: one freestanding sign not exceeding 40 square feet per side, to advertise a building or project. Each subcontractor may display one freestanding sign not to exceed four square feet.
(2)
Identification: one wall or freestanding sign not exceeding 24 square feet.
(a)
Points of historical interest: one wall or freestanding sign not exceeding four square feet. Additional signs may be permitted by the Zoning Officer if the use is public or quasi-public in nature.
(3)
Nameplate: one wall or freestanding sign per dwelling unit, not exceeding 1 1/2 square feet per side.
(4)
Real estate: one freestanding sign per property offered for sale, not exceeding four square feet per side.
(5)
Roadside: one freestanding sign not exceeding 16 square feet. The sign shall not be displayed during seasons of non-sale.
C.
Signs permitted in business zones.
(1)
Construction: as per residential zones.
(2)
Business.
(a)
An establishment may erect only one projecting sign, not exceeding 16 square feet; or an establishment with less than 3,000 square feet of ground floor area in the main building (except gasoline filling stations) may erect only one freestanding sign, not exceeding 32 square feet; or An establishment with 3,000 square feet or more of ground floor area in the main building (except gasoline filling stations) may erect only one freestanding sign, not exceeding 50 square feet.
(b)
Motels located adjacent to a limited access highway may erect only one freestanding sign not exceeding 100 square feet. Motels in other locations may erect only one freestanding sign not exceeding 50 square feet.
(c)
A barber shop may erect one animated sign, not exceeding three feet in height and not projecting more than 12 inches from the building face.
(3)
Identification: One wall or freestanding sign not exceeding 32 square feet.
(4)
Shopping centers occupying less than 10 acres: one freestanding sign not exceeding 50 square feet, solely to identify the center. Shopping centers occupying 10 acres of more: one freestanding sign not exceeding 100 square feet, solely to identify the center.
(5)
Nameplate: one wall, freestanding or projecting sign per office or establishment, not exceeding two square feet per side.
(6)
Real estate: as per residential zones, except that the sign may be of wall or freestanding construction. The area of a freestanding real estate sign is 32 square feet.
(7)
Roadside: as per residential zones.
(8)
Special event: In order to promote the economic development and viability of Derby businesses, the temporary display of a special event sign(s) based on such factors as its size, the size of the site, its placement on the site, potential safety impacts and the degree to which the sign(s) compromises the character of the surrounding area may be approved as follows:
(a)
By the Zoning Officer for an initial period of three months if he finds that the display has not created nuisances, hazards or excessively compromised the character of the area.
(b)
The Commission, by special exception may grant approval for up to an additional three months beyond any approval period granted by the Zoning Officer if it confirms the findings in Subsection C(8)(a) above, and further finds that approval will not create an undue competitive advantage for the applicant over other Derby businesses that do not have temporary special event signs, and that the approval will not create or promote an undue concentration of special event signs.
D.
Signs permitted in the Hospital Campus Zone.
(1)
Construction: as per residential zones.
(2)
Business: one freestanding sign not exceeding 50 square feet.
(3)
Identification: one freestanding sign not exceeding 50 square feet.
(4)
Nameplate: one wall or freestanding sign per office not exceeding 1 1/2 square feet per side.
(5)
Real estate: as per residential zones.
E.
Signs permitted in industrial zones.
(1)
Construction: as per residential zones.
(2)
Business:
(a)
One projecting sign not exceeding 50 square feet or one freestanding sign not exceeding 100 square feet.
(b)
Motels located adjacent to a limited access highway may erect only one freestanding sign not exceeding 100 square feet. Motels in other locations may erect only one freestanding sign not exceeding 50 square feet.
(c)
For lots containing two or more buildings separated by a minimum of 70 feet and oriented to a common drive, one freestanding sign not exceeding 100 square feet for each building shall be permitted.
(3)
Identification: one freestanding sign not exceeding 100 square feet.
(4)
For lots containing two or more buildings separated by a minimum of 70 feet and oriented to a common drive, one freestanding sign not exceeding 100 square feet shall be permitted in addition to the permitted freestanding business signs(s).
(5)
Nameplate: one wall, freestanding or projecting sign for each establishment, not exceeding four square feet.
(6)
Real estate: one wall or freestanding sign not exceeding 16 square feet per side.
(7)
Special event: The Zoning Officer may grant permission for the temporary display of special event signs based on such factors as size, placement on the site, the appropriateness of the location of the site in relation to its surroundings and potential safety impacts for such time periods deemed by him appropriate for the purpose subject to compliance with the standards of the Connecticut State Building Code. All such signs must be removed three weeks after erection. The Commission may grant as a special exception the temporary display of special event signs for a time period greater than three weeks, but in no case in excess of three months.
F.
Signs permitted in the Center Design District. The location size and design of all signs in the Center Design District shall be approved by the Commission (see § 195-67S).
G.
Signs permitted in public zones.
(1)
Construction: as per residential zones.
(2)
Identification: one freestanding sign not exceeding 32 square feet.
(3)
Business: as per business zones, except that the Commission shall approve the appropriateness of all signs.
(4)
Special event: The Zoning Officer may grant permission for the temporary display of special events signs based on such factors as size, placement on the site, the appropriateness of the location of the site in relation to its surroundings and potential safety impacts for such time periods deemed by him appropriate for the purpose subject to compliance with the standards of the Connecticut State Building Code. All such signs must be removed three weeks after erection. The Commission may grant as a special exception the temporary display of special event signs for a time period greater than three weeks, but in no case in excess of three months.