Elsmere City Zoning Code
ARTICLE VII
Sign Regulations
§ 225-37 Definitions; permitted signs.
A. BANNER BUILDING SIGNS FLAG FREESTANDING SIGNS HARMFUL TO MINORS PENNANT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A sign intended to be hung either with or without frames, mounted on a wall or a pole, that is constructed of a lightweight paper, fabric, canvas, plastic or similar material. National, state, municipal or institutional flags or the official flag of any business shall not be considered a "banner."
These shall be placed on the vertical wall or portion of a building and shall not extend beyond the wall or portion in any direction.
A rectangular fabric, banner or bunting, containing distinctive colors, patterns or symbols used as a symbolic representation of a government, political subdivision or other entity. Flags may contain logos and other symbolic representations of businesses or other entities, but shall not include statements or commercial messages of any kind.
These shall be independently supported and firmly fixed to the ground.
The quality of any description or representation, in whatever form, of nudity, sexual contact, sexual excitement or sadomasochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors and is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for any reasonable minor.
A lightweight plastic, fabric or other material, whether or not containing a message or lettering of any kind, usually designed to taper to a point, suspended from a rope, wire or string, often in a series and intended to move in the wind.
B.
Use regulations. The following sign uses, and no other, are permitted:
(1)
Professional, accessory use or name signs indicating the profession or activity of the occupant of a dwelling or signs indicating the private nature of a driveway or property, provided that not more than two such signs shall be located along one road frontage and that the total combined area on one side of such sign or signs shall not exceed two square feet. These signs shall be of the freestanding type.
(2)
Identification signs, announcement signs or bulletin boards relating to a church, school, hospital, municipal building, club or similar public, charitable or religious institution or building, provided that the area on one side of any such sign shall not exceed 12 square feet, each sign shall be located on the lot of the institution or use to which it relates, not more than one sign shall be placed on any street frontage of any one property and such sign will contain nothing of an advertising nature. In addition, such institutions, as defined above, may place on their buildings identification signs, provided that not more than one such sign shall face on any street frontage and the gross area of such a sign shall not exceed 5% of the face of the building on which it is mounted.
(3)
Business signs or signs which primarily direct attention to the identity of business, profession, industry, laboratory or similar activity and which may describe in general the nature of the activity conducted on the property on which the sign is located may be erected in the General Industrial District, Highway Development District and the Community Commercial District. Such signs shall not exceed two in number on any one road frontage, and the total area on one side shall be 24 square feet. No sign shall be placed within 20 feet of the street line. However, for signs set back further than 10 feet, then 10 square feet of area can be added for each additional 10 feet of setback.
(a)
Building identification signs may be used, but only one such sign shall face on any street frontage, and the gross area of such sign shall not exceed 5% of the face of the building on which it is attached.
(b)
For buildings occupied by more than one enterprise, a combined sign may be installed identifying the occupants. The total area on one side of the sign shall not be more than 24 square feet, with 10 square feet added for each added occupant.
(c)
Building identification signs may be used on the portions occupied by each occupant, but all such signs together shall not be greater in area than 5% of the area of the face of the building on which they are placed.
(4)
Official signs, erected by a public authority or public utility, such as but not limited to highway signs, railroad crossing, danger and any other sign that may be required by a governmental or public utility authority or agency in connection with the identification, operation or protection of property or activity.
(5)
Warning signs may be placed by property owners to warn of dangers, such as but not restricted to hidden driveways, cattle crossings, traffic directions on private drives, etc., but such signs shall not be greater than one square foot on any one side.
(6)
Real estate signs relating to the advertising of individual properties for sale or rent may be placed on the property, but shall not be greater than three square feet. No more than one sign shall be placed on a property by any one real estate organization. The signs shall be removed promptly when the properties are sold. Advertising signs of development of 10 or more approved lots may be placed on the development, but the total area of one side of all signs shall not be more than 24 square feet with three added square feet for each additional 10 approved lots. These signs shall be removed promptly when the properties are sold.
(7)
Directional signs relating to a use located in the Town may be erected off the property of use. These signs shall not include more than the name, direction and nature of the business or activity referred to. Each sign shall have not more than two square feet on one side, and not more than two shall be erected for any one activity. Directional signs for activities outside the Town will not be allowed within the Town.
(a)
Real estate directional signs for a development within the Town may have an area on one side of not more than two square feet and may carry only the name of the development, the developer or agent and a direction.
(b)
These signs may be erected for developments of 10 lots or more. There shall be not more than two directional signs erected on any one road leading to the development, and not more than 10 signs may be erected in the Town.
(8)
Legal notices, such as but not limited to signs used to "post" property to prevent trespassing, hunting, trapping, etc., are permitted.
(9)
Public announcements to advertise public benefits of churches, fire companies, other public charitable or religious events and also public sales of an individual's household goods, farm equipment, stock or property are permitted, provided that the event is held within the Town, the notices are not posted for more than three weeks prior to the event and the notices are removed within 48 hours following the event.
(10)
Farmers' signs advertising the sale of farm products produced within the Town may be erected, provided that not more than two signs are erected, the area on one side of a sign shall not be more than six square feet, and the sign shall be removed or kept in good condition during seasons when products are not being offered for sale.
(11)
Banners, pennants and noninstitutional flags.
(a)
Banners, pennants and noninstitutional flags shall be permitted under the following conditions:
[1]
Pennants shall be permitted to control ingress or egress to undeveloped property or property under construction or to designate restricted areas within such property, for properties under construction or repair or for purposes of public safety. No sign permit shall be required. Otherwise, pennants shall not be permitted.
[2]
Banners shall be permitted in R-GA Community Commercial, Highway Development or General Industrial Zones for advertising a special sales event, grand openings, holidays or similar activities if attached to a wall.
[Amended 4-12-2018 by Ord. No. 635]
(b)
Permits for banners shall be issued only under the following conditions:
[1]
No permit shall be issued for a period longer than two weeks.
[2]
A request for an extension of the permit for a maximum of an additional two weeks can be approved at the discretion of the Town Manager; provided, however, that there have been no valid complaints regarding the display during the initial permit period.
[3]
No more than four permits (with extensions where approved) shall be issued in any given calendar years to a single business or site.
[4]
Maximum banner size and number shall be determined as follows:
[a]
No combination of approved permanent signage and banners on a building facade shall be greater in area than 10% of the area of the face of the building on which they are placed.
[b]
Banners on walls shall not be combined with flags or freestanding banners.
[c]
In the case of a property or business facing more than one street, banners shall be permitted only so that no combination of approved permanent signage and banners on either building facade shall be greater in area than 7.5% of the area of the face of the building on which they are placed.
[d]
In the case of businesses in shopping centers, the calculation shall be based on the facade of the specific business as rented.
[5]
Noninstitutional flags and/or freestanding banners attached to poles shall be permitted so long as they do not contain statements or commercial messages of any kind; such flags shall be set back five feet; only one flag or banner shall be permitted on any street frontage for a property facing more than one street; the maximum area for any flag or freestanding banner shall not exceed 20 square feet; noninstitutional flags or freestanding banners shall not be combined with wall banners; a permit is required for each flag or freestanding banner, under the same issuance and time limitations described above in Subsection B(11)(b)[1] and [2].
§ 225-38 General restrictions on sign uses.
The following restrictions shall apply to all sign uses:
A.
No sign shall be erected so that the top of the sign is more than 20 feet above the ground.
B.
No sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts or other signs, but shall be freestanding or attached to buildings in an approved manner, except that this restriction shall not apply to legal notices and public announcements [as defined in § 225-37B(8) and (9)] which may be so affixed.
C.
No sign shall be exhibited in the Town which is portable, i.e., fixed on a movable stand, or is self-supporting without being firmly embedded in the ground or which is supported by other objects or is mounted on wheels or movable vehicles or made easily movable in some other manner.
D.
No sign shall be displayed which basically directs attention to a product or group of products or service or group of services rather than primary attention to the identity of the business operation. This restriction shall include billboards.
E.
No signs shall be placed in such position along a highway or street or at an intersection so as to cause danger to traffic by obscuring the view.
F.
Signs may be illuminated, but such illumination shall be of white light, either direct or diffused.
G.
No sign shall be a flashing, moving, rotating, oscillating or similar type. In no cases shall buildings or structures be outlined by tubing or strings of lights for advertising purposes.
H.
All signs must be constructed of durable materials and kept in good condition. Whenever a sign, pennant, banner or flag becomes dilapidated, faded, torn or structurally unsound, endangers public safety or property or loosens from its mountings, such sign must be removed or repaired to the satisfaction of the Code Enforcement Officer by the owner or the property owner within five days of notification.
I.
No sign, pennant, banner or flag that is harmful to minors shall be permitted.