Fair Grove City Zoning Code
ARTICLE XI
Signs
Section 405.630 Purpose.
[Ord. No. 06-04-01 §1101, 4-25-2006]
This Article establishes standards for the erection and maintenance of signs. The purpose of these standards is to protect the safety of persons and property, to promote the efficient communication of information, to protect the public welfare and to preserve and enhance the appearance and economy of the City of Fair Grove. Except as otherwise provided, no sign shall be erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this Article.
Section 405.640 Definitions.
[Ord. No. 06-04-01 §1102, 4-25-2006]
Unless otherwise provided, the words and phrases defined in this Section shall have the meanings, indicated when used in this Article.
SIGN
Any words, numbers, figures, devices, designs or trademarked by which anything is made known, such as are used to designate an individual, a firm, profession, business or a commodity and which are visible from any public street.
SIGN, ANIMATED
An electronic sign with moving text and/or pictures that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at the location where the sign is located on or off premises.
[Ord. No. 107 §2, 4-28-2015]
SIGN, ATTACHED
Any sign substantially and permanently attached to, applied on, structurally connected to, painted on, etched on, or supported by any part of a building.
SIGN, DETACHED (FREESTANDING)
Any sign other than an attached sign and including any inoperable vehicle or any trailer located for the primary purpose of advertising.
SIGN, ILLUMINATED
Any sign that is internally or externally illuminated.
[Ord. No. 127, 3-14-2017]
SIGN, OFF-PREMISES
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, ON-PREMISES
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at the located where the sign is located.
SIGN, TEMPORARY (PORTABLE)
A sign which either:
1.
Is not permanently attached to any structure, building, motor vehicle or the ground; or
2.
Is intended for a limited display period covering a special event; or
3.
Is designed and constructed to be movable from one location to another.
SIGN, VEHICULAR
Any sign permanently attached to a motor vehicle.
Section 405.650 General Provisions For Signs.
[Ord. No. 06-04-01 §1103, 4-25-2006]
A.
The following provisions shall apply to all signs in the City:
1.
Sign illumination. All illuminated and/or animated signs shall be designed, constructed and located to eliminate or minimize glare. Such signs shall not increase the lighting intensity upon adjoining properties.
[Ord. No. 127, 3-14-2017]
2.
Signs painted on building walls. Signs painted on building walls are prohibited in all districts. However, signs painted on structures in the "C-2" Historic Business District prior to the effective date of this Chapter or other legally adopted zoning ordinance may be continued, maintained, repaired or restored subject to the review and approval of the Planning and Zoning Commission. The decision of the Planning and Zoning Commission may be appealed to the Board of Aldermen.
3.
Sign condition. All signs, including supports, braces and anchors, shall be kept in good repair. Unsafe signs in danger of falling or breaking apart shall be removed or repaired by the sign owner. All signs shall be installed and maintained in accordance with the Building Codes of the City of Fair Grove.
Section 405.660 Allowed Signs.
[Ord. No. 06-04-01 §1104, 4-25-2006]
A.
Signs Not Requiring A Permit. The following signs shall not require a sign permit, but must be in conformance with any other sign regulation of the City of Fair Grove.
1.
Address numbers and name plates. Address numbers not exceeding one (1) square foot in area per character and name plates not exceeding two (2) square feet in area per dwelling unit or business. Such signs may be attached to a mailbox or curb if they do not alter the size or shape of the mailbox or curb.
2.
Banner signs. Signs, consisting of a flexible lightweight material, such as a banner, not exceeding four (4) square feet of area. One (1) sign per business premise is permitted, posted for not more than thirty (30) business days per year.
3.
Construction site signs. Construction site identification signs, exceeding no more than one (1) sign per site, with such sign exceeding no more than thirty-two (32) square feet in area.
4.
Directional signs. Signs directing and guiding traffic on private property that do not exceed four (4) square feet each and that contain no advertising.
5.
Flags. Flags, pennants or insignia of any government or non-profit organization when not displayed in connection with a commercial promotion.
6.
Governmental signs. Signs erected by, or on behalf of, or pursuant to the authorization of a governmental body, including legal notices, identification and information signs, traffic and directional signs or regulatory signs.
7.
Neighborhood identification signs. Neighborhood identification signs, such as a masonry wall, landscaping or other similar materials which are combined to display neighborhood identification. The message of such signs shall display only the name of the neighborhood, tract or historic district.
8.
Non-commercial signs. Signs proclaiming religious, political or other non-commercial messages that do not exceed one (1) per abutting street and sixteen (16) square feet in area and that are not internally illuminated.
9.
Official signs. Official signs of a non-commercial nature erected by public utilities.
10.
Real estate sale or lease signs. Detached or attached, non-illuminated, temporary on-premise signs pertaining to the sale or lease of the premise. Such signs shall not exceed four (4) square feet in area. For lots exceeding five (5) acres and having street frontage in excess of four hundred (400) feet, a second sign may be erected with the area of such sign not to exceed thirty-two (32) square feet. Such signs shall be removed within fourteen (14) days of sale or lease of the premises.
11.
Sandwich board signs. Sandwich board signs shall be permitted only in the "C-2" Historic Business District, provided that such signs are displayed on the premises of the business only during the hours of business operation.
12.
Temporary special event signs. Temporary signs not exceeding thirty-two (32) square feet in area, erected to advertise a special event of a civic, educational, philanthropic, religious, political or similar nature. Such signs may be erected no sooner than thirty (30) days before the event and shall be removed no later than fourteen (14) days after the event.
[Ord. No. 151, 2-27-2018]
13.
Vehicular signs. Signs painted on or permanently attached to vehicles. Vehicular signs may not contain flashing or blinking lights, nor any animation.
14.
Window signs. Any sign, symbol or picture, designed to provide information about a business, activity, service or event that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Window signs shall not exceed fifty percent (50%) of the glass.
B.
Signs Requiring A Permit.
1.
According to residential district. Dwelling units in single-family, two-family and manufactured housing park districts are allowed to use any non-business sign as proscribed in Subsection (A), but no other signs shall be allowed.
2.
According to specific sign type.
a.
Detached (freestanding) signs. Each premise containing multi-family use, permitted non-residential use or legal non-conforming use shall be permitted one (1) detached sign in accordance with the following provisions:
(1)
If a development is located on a corner lot that has at least one hundred (100) feet of frontage on each of the two (2) intersecting streets, the development may have one (1) detached sign along each street frontage.
(2)
Premises with more than seven hundred fifty (750) feet of frontage along a public street may have one (1) additional detached sign; however, a minimum of three hundred (300) feet of separation shall be maintained between signs and a minimum setback of twenty-five (25) feet from adjacent property lines is maintained for both signs.
(3)
The surface area of a detached sign may not exceed three-tenths (0.3) square feet for every linear foot of frontage along the street to which the sign is oriented. However, in no case shall a single side of a detached sign exceed fifty (50) square feet in surface area if the lot has less than two hundred (200) feet of frontage on the street towards which the sign is oriented, seventy-five (75) square feet on lots with frontage of two hundred (200) feet or more but less than four hundred (400) feet and one hundred (100) square feet on lots with four hundred (400) or more feet of frontage.
(4)
General Commercial Districts with US Highway 65 frontage will be considered on a case by case basis.
[Ord. No. 165, 8-14-2018]
b.
Off-premise signs. Off-premise signs (billboards) shall be permitted only in the "M-1" Industrial District. The surface area of a detached, off-premise sign shall be subject to the provisions of Subsection (B)(2)(a)(3) if the sign is oriented towards a street classified as an arterial, collector or local street. Where the street towards which the sign is oriented is classified as a highway, a single side of a detached off-premise sign may not exceed seventy-five hundredths (0.75) square feet in surface area for every linear foot of street frontage. In no case may a single side of such sign exceed two hundred fifty (250) square feet in surface area.
c.
Animated and/or illuminated signs. Animated and/or illuminated signs are not allowed in residential districts.
[Ord. No. 127, 3-14-2017]
Section 405.670 Prohibited Signs.
[Ord. No. 06-04-01 §1105, 4-25-2006]
A.
The following signs are specifically prohibited.
1.
Signs which advertise or promote unlawful activity.
2.
Signs which may be confused with a traffic control signal sign or device, the light of an emergency or road equipment vehicle or any other governmental agency sign.
3.
Signs which hide from view any traffic or street sign, signal or similar traffic control or directional sign.
4.
Signs that use searchlights or strobe lights that are distracting to the public.
[Ord. No. 107 §3, 4-28-2015]
Section 405.680 Legal Non-Conforming Signs.
[Ord. No. 06-04-01 §1106, 4-25-2006]
A.
Any sign lawfully erected before the effective date of this Chapter, but which does not comply with the requirements and restrictions of this Article, shall be considered a legal, non-conforming sign and may be continued subject to the provisions of this Section.
B.
A non-conforming sign shall not be expanded in size or effective area or altered in any manner so as to increase the degree of non-conformity. Illumination shall not be added to any non-conforming sign.
C.
A non-conforming sign shall not be moved or replaced except to bring the sign into complete conformance with this Article.
D.
Except for safety requirements, a non-conforming sign shall not be structurally altered so as to prolong the life of the sign. Non-conforming signs may be repaired so long as the cost of materials and labor for such work does not exceed within any twelve (12) month period fifty percent (50%) of the value (tax value if listed for tax purposes) of the sign.
E.
If a non-conforming sign is destroyed, it may not be repaired, reconstructed or replaced except in conformity with the provisions of this Article. A non-conforming sign is considered "destroyed" if damaged to an extent where the cost of materials and labor to restore the sign or replace it with an equivalent sign exceeds seventy-five percent (75%) of the value (tax value if listed for tax purposes) of the damaged sign.
F.
Abandoned or discontinued non-conforming signs shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control over the sign. A sign shall be considered abandoned or discontinued if:
1.
For a period of six (6) consecutive months the sign advertises a service, product or activity that is no longer operating, being conducted or offered.
2.
For a period of twelve (12) consecutive months the sign is blank or is maintained without an advertising message. For purposes of this Section, a sign is considered blank if:
a.
The advertising message displayed becomes illegible in whole or substantial part.
b.
The message on the sign contains no advertising other than the name, address, telephone number or other identification of the sign owner or message intended solely to advertise the sign for rent or sale.
Section 405.690 Total Sign Surface Area Permitted.
[Ord. No. 06-04-01 §1107, 4-25-2006]
A.
In Residential Districts. The maximum sign surface area permitted on any lot in the "R-1", "R-2" and "R-MP" residential districts shall not exceed four (4) square feet and the maximum sign surface area on any lot in the "R-3" and "R-4" residential districts shall not exceed thirty-two (32) square feet.
B.
In Commercial Districts. The maximum sign surface area permitted on any lot in any commercial district shall be determined by:
1.
A maximum of one-half (0.5) square feet of sign surface area per linear foot of lot street frontage up to two hundred (200) feet of frontage, provided however, that any lot shall be permitted at least six (6) square feet of total sign surface area.
2.
A maximum of seventy-five hundredths (0.75) square feet of additional sign surface area per linear foot of lot street frontage in excess of two hundred (200) feet.
3.
General Commercial Districts with US Highway 65 frontage will be considered on a case by case basis.
[Ord. No. 165, 8-14-2018]
C.
In Industrial Districts. The maximum sign surface area permitted on any lot in the "M-1" Industrial District shall be determined by multiplying the number of linear feet of street frontage of the lot by one (1.0) foot.
D.
Multiple Frontages. If a lot has frontage on more than one (1) street, the total sign surface area permitted on that lot shall be the sum of the sign surface area allotted to each street on which the lot has frontage. However, the total sign surface area oriented towards a particular street may not exceed the surface area allocation determined from the frontage on that street.
Section 405.700 Sign Surface Area Calculations.
[Ord. No. 06-04-01 §1108, 4-25-2006]
A.
A sign shall be considered a single display containing elements related, organized and composed to form a unit. Where information is displayed in a random manner without any organized relationship, each element shall be considered a single sign.
B.
Two-sided and multi-sided signs shall be considered as one (1) sign, provided that:
1.
The distance between the backs of each face of a two-sided sign does not exceed three (3) feet.
2.
The distance between the backs of a "V" (multi-sided) type sign does not exceed five (5) feet.
C.
The sign surface area shall be calculated by adding the entire area within a single, continuous perimeter, enclosing the writing, emblem or other display, together with the material forming the background of the sign, but excluding supporting framework or bracing that is incidental to the sign. If a sign consists of more than one (1) section or unit, all of the area, including the spacing between units, shall be included in the calculation of the sign surface area.
D.
The sign surface area of two-sided or multi-sides signs shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one (1) time from one (1) vantage point. The following shall apply:
1.
The surface area of a two-sided, back to back sign shall be calculated by totaling the area of only one (1) side of the sign, as long as the distance between the backs of the signs does not exceed three (3) feet.
2.
The surface area of a double faced sign constructed in the form of a "V" shall be calculated by totaling the area of the largest side, as long as the angle of the "V" does not exceed thirty degrees (30°) and the distance between the backs of the signs does not exceed five (5) feet.
E.
Sight Triangles.
1.
Signs at street intersections. Street intersection sight triangles shall reflect the street classification as identified in the Fair Grove Comprehensive Plan. Minimum requirements for sight triangles shall be in accordance with the following table. The sight triangle shall be measured along the right-of-way as illustrated in Figure 1101. The City may require additional triangle area for clear sight and safety as may be warranted by special condition or the recommendation of City Administrative Officials.
Signs may be erected in the street intersection sight triangles. However, any such sign must be at least ten (10) feet above street grade except for supports, which may not exceed one (1) foot in width or diameter or be spaced less than ten (10) feet apart from any other stationary object.
STREET SIGN TRIANGLE REQUIREMENTS | ||||||
|---|---|---|---|---|---|---|
INTERSECTING STREET | HIGHWAY | ARTERIAL | COLLECTOR SINGLE- FAMILY RESIDENTIAL | COLLECTOR ALL OTHERS | LOCAL RESIDENT SINGLE-FAMILY | LOCAL RESIDENTIAL MULTI-FAMILY |
Highway | A | A | B | B | B | B |
Arterial | A | A | B | B | C | C |
Collector — single-family residential | B | B | C | C | C | C |
Collector — all others | B | B | C | C | C | C |
Local residential single-family | B | C | C | C | C | C |
Local residential multi-family | B | C | C | C | C | C |
Key: | A — 100' x 100' Sight Triangle B — 30' x 30' Sight Triangle C — 10' x 10' Sight Triangle | |||||
FIGURE 1101. SIGHT TRIANGLES FOR STREET INTERSECTIONS  |
2.
Signs at street/driveway intersections.
a.
Signs may be erected in the street/driveway sight triangles. However, any such sign shall be at least ten (10) feet above street grade except for supports, which may not exceed one (1) foot in width or diameter or be spaced less than ten (10) feet apart from any other stationary object. Figure 1102 illustrates the measurement of a street/driveway sight triangle. A street/driveway sight triangle shall be measured as follows:
(1)
A triangle formed by the intersection of a public street and a driveway where the triangle area is that area encompassed within two (2) intersecting lines formed by the edge of the pavement, curb, roadway or projection thereof and extending forty (40) feet down the street from the right edge of the driveway when standing in the driveway facing the street and extending twelve (12) feet from the edge of the street extending up the driveway pavement and a third imaginary line connecting the other two (2) lines without overlaying the pavement. On the left side of the driveway, the triangle is determined by measuring sixty-five (65) feet down the street pavement from the edge of the driveway and measuring twelve (12) feet down the driveway pavement from the edge of the street and an imaginary third line connecting the other two (2) lines without overlaying the pavement.
FIGURE 1102. SIGHT TRIANGLES FOR STREET/DRIVEWAY INTERSECTIONS  |
F.
Location, Height And Setback Requirements.
1.
No sign or supporting structure, other than a government sign, shall be located in or over any public property or right-of-way, unless the sign is attached to a structural element of a building and permission has been obtained from the City.
2.
No sign shall extend beyond a parapet or be located upon a roof. For the purposes of this Section, roof surfaces constructed at an angle of seventy-five degrees (75°) or more shall be considered wall space. This Section shall also not apply to displays, including animated displays, erected on roofs of structures in connection with the observation of holidays.
3.
Wall signs attached to a building shall not extend past the edge of the wall and shall not project more than eighteen (18) inches from the building wall. A wall sign is a sign in a parallel plane to and attached upon a structure's wall.
4.
Projecting signs shall have a minimum clearance of ten (10) feet above the highest level of the ground under the sign at the sign's lowest point and shall not project more than twenty-four (24) inches from the wall to which it is attached. A projecting sign is a sign which is attached to and projects from the building surface or face.
5.
No part of a detached sign may exceed a height, measured from ground level, of twenty-five (25) feet in the "C-1" and "M-1" districts and fifteen (15) feet in all other districts with the exception of:
[Ord. No. 165, 8-14-2018]
a.
General Commercial Districts (C-1) with US Highway 65 frontage will be considered on a case by case basis.
6.
Detached signs shall meet the setback requirements as established in the following table:
STREET CLASSIFICATION | MINIMUM SETBACK FROM STREET RIGHT-OF-WAY LINE | |
|---|---|---|
Highway | 15 feet | |
Arterial | 15 feet | |
Collector — single-family residential | 10 feet | |
Collector — all others | 10 feet | |
Local residential — single-family | 10 feet | |
Local residential — multi-family | 10 feet |
Section 405.710 Sign Permits and Inspection.
[Ord. No. 06-04-01 §1109, 4-25-2006]
Permits Required. Except as otherwise provided in this Article, no sign shall be erected, moved, enlarged, illuminated or substantially altered without first obtaining a sign permit for each sign from the City in accordance with the provisions of Article III, Section 405.220. Repainting or changing the message on a sign shall not be considered a substantial alteration and shall not require a sign permit.
