The requirements of this Article shall apply to any writing (including letter, word or numeral), pictorial representation (including illustration or declaration), form (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or other figure of similar character which as a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on a building, board, plate or upon any material, object or device whatsoever, which by reason of its form, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement. The determination of the conformance of any and all signs with the provisions of this Article shall be made by the Planning Commission and the Board of Trustees.

(Prior Zoning Ord. §701; Ord. 2004-7 §2)

(a)

Awning sign means a sign which is mounted on a temporary shelter supported entirely from the exterior wall of a building.

(b)

Billboard means a flat surface, as of a panel, wall or fence, on which signs are posted advertising a business, product or service not available on the premises. Also called off-premises sign.

(c)

Building fascia means that frontage of a building which faces and is parallel to or most nearly parallel to a public or private street. There can be only one (1) building fascia for each building.

(d)

Canopy sign means a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

(e)

Changeable copy sign means a sign on which the copy changes automatically on a lampbank or through mechanical means.

(f)

Flush wall sign means any sign attached to or erected against the wall of a building with the sign face in a plane parallel to the plane of said wall and which does not extend more than twelve (12) inches from the building face.

(g)

For sale or for rent sign means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

(h)

Freestanding sign means a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.

(i)

Ground sign means a type of free-standing sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

(j)

Illuminated sign means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

(k)

Permanent sign means a sign which is permanently affixed or attached to the ground or to any structure.

(l)

Portable sign means a sign which is not permanently affixed or attached to the ground or to any structure.

(m)

Projecting wall sign means any sign other than a flush wall sign which projects from and is supported by a wall or a building. This type of sign requires special review.

(n)

Rooftop sign means a sign erected upon or above a roof or above a parapet wall of a building. This type of sign requires special review.

(o)

Sign face means the surface of the sign upon, against or through which the message is displayed or illustrated.

(p)

Sign, illegal means any sign which was erected in violation of any of the ordinances of the Town governing the same at the time of its erection and which sign has never been in conformance with such ordinance, including this Article, and shall include signs which are posted, nailed or otherwise fastened or attached to or painted upon structures, utility poles, trees, fences or other signs.

(q)

Sign, legal, nonconforming means any sign which was lawfully erected and maintained prior to the enactment of this Article and any amendments thereto and which does not conform to all the applicable regulations and restrictions of this Article.

(r)

Sign with backing means any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

(s)

Sign without backing means any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in nor otherwise made a part of any larger display area.

(t)

Under-canopy sign means a sign which is located beneath a permanent roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

(u)

Wind-driven sign means any sign consisting of one (1) of a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.

(Prior Zoning Ord. §711; Prior Zoning Ord. §713; Ord. 1995-7 §3; Ord. 2004-7 §2)

The requirements of this Article shall not apply to any of the following:

(1)

Flags, pennants or insignia of nations or an organization of nations, states, cities or fraternal, religious and civic organizations or any educational institutions, except when such flags are used in connection with a commercial promotion or as an advertising device.

(2)

Window displays incorporating placards, pennants, merchandise, pictures or models of products and services.

(3)

Works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display.

(4)

One (1) nameplate per public entrance per business of no more than two (2) square feet per face which is suspended under a canopy.

(5)

Temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations.

(6)

Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way.

(7)

Traffic and other official signs of any public or governmental agency.

(8)

On-site traffic directional signs which do not exceed four (4) square feet per face or ten (10) feet in height and which do not carry any commercial message other than identification.

(9)

Temporary interior paper window signs.

(10)

Signs over gas pumps which indicate gas prices, provided that such signs shall be limited to one (1) per pump island and shall be located at or near the rear entrance of such business.

(11)

One (1) flushwall nameplate per business, not to exceed two (2) square feet in area, to be located at or near the rear entrance of such business.

(12)

Other exceptions as stated in the Uniform Sign Code.

(13)

Temporary farm product signs, provided that:

a.

One (1) on-premises sign may be used. Said sign shall be located off the street right-of-way and at least ten (10) feet away from any side lot line. Such sign shall have a maximum area of nine (9) square feet and may not be illuminated.

b.

A maximum of two (2) off-premises signs shall be permitted. Said off-premises signs may be no greater than four (4) square feet apiece and shall not be illuminated. No such sign shall be allowed in the street right-of-way or within ten (10) feet of a side lot line.

(14)

Political signs displayed on private property in accordance with an official election or signs erected on behalf of candidates for public office provided:

a.

The total area of all such signs on a lot does not exceed sixteen (16) square feet.

b.

All such signs may be erected no sooner than sixty (60) days in advance of the election for which they were made.

c.

The signs are removed within seven (7) days after the election for which they were made.

d.

The property owner upon whose land the sign is placed shall give written permission for the placement of said signs and will be responsible for violations.

(Prior Zoning Ord. §702; Ord. 2004-7 §2)

Signs shall be permitted in the various zoning districts as accessory uses in accordance with the regulations of this Article. To ensure compliance with the regulations of this Article, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 16-73 above (Exemptions). In multiple tenant buildings, a separate permit shall be required for each business entity's signs. Separate building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign or render the sign in violation of this Article.

(1)

Application for a sign permit.

a.

Sign permit application requirements. Applications for sign permits shall be made in writing on forms furnished by the Town Clerk. The application shall contain:

1.

The location by street number and the legal description of the proposed sign structure;

2.

Names and addresses of the owner, sign contractor and erectors;

3.

Legible site plans which include the specific location of the sign and setbacks to adjacent property lines and buildings;

4.

A detailed drawing indicating the dimensions, materials and colors of the proposed sign structure. A certification by a structural engineer may be required by staff for a freestanding or projecting sign;

5.

A graphic drawing or photograph of the sign copy;

6.

A description of the lighting to be used, if applicable;

7.

Proof of public liability insurance covering freestanding signs and projecting wall signs;

8.

If the sign is to be located off the premises advertised, a written lease or permission from the property owner of the site on which the sign will be located; and

9.

Sign permit fee and plan check fee as established by the current fee schedule. The applicant shall pay all costs billed by the Town relative to the review of the application.

b.

Sign permit application certification of completion. Within a reasonable time of the date of application submission, staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant in writing of any deficiencies.

c.

Staff review and approval. When staff has determined the application to be complete, staff shall review the sign permit in accordance with the established review criteria and has the authority to approve, approve with conditions or deny the sign permit. Upon staff's approval of the sign permit, the sign permit and any building or electrical permits required for the sign shall be issued to the applicant.

(2)

Sign permit review criteria. The following review criteria will be used by the staff to evaluate all sign permit applications:

a.

Sign meets the requirements of this Article;

b.

Sign conforms to the requirements of the building and electrical codes;

c.

Sign conforms to the size, height, material and location requirements of this Chapter for the zoning district in which it is located;

d.

Sign would not interfere with pedestrian or vehicular safety;

e.

Sign would not detract from the character of an architecturally significant or historic structure;

f.

Sign would not be located so as to have a negative impact on adjacent property;

g.

Sign would not detract from the pedestrian quality of street or area; and

h.

Sign would not add to an over-proliferation of signs on a particular property or area.

(3)

Appeal of sign permit denial or approval with conditions. Any appeal of staff's denial of a sign permit or approval with conditions shall be made to the Board of Adjustment as provided in this Chapter.

(4)

Waivers. Any request for an increase in the maximum allowable area for a sign, or for signs not expressly permitted in these regulations, must be approved through a waiver granted by the Board of Trustees.

(Prior Zoning Ord. §703; Ord. 2004-7 §2)

The following signs are inconsistent with the purposes and standards in this Article and are prohibited in all zoning districts.

(1)

Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time and temperature devices.

(2)

Billboards.

(3)

Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control devices including any sign that obstructs clear vision in any direction from any street intersection or driveway.

(4)

Mechanical or electrical appurtenances, such as "revolving beacons," that are designed to compel attention.

(5)

Any sign other than traffic control signs erected, constructed or maintained within, over or upon the right-of-way of any road or highway, except in the case of a sign for which a permit has been issued with the requirements of this Article.

(6)

Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air.

(7)

Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.

(8)

Vehicle-mounted signs, including but not limited to, signs painted on or attached to semi-trailers or cargo containers when exhibited on private property adjacent to public right-of-way for the purpose of advertising the business or services offered on the property. Vehicle-mounted signs used in connection with a special event are exempted from the requirements of this Section during the duration of the special event only. Upon the conclusion of the special event, such signs must be dismantled. For the purposes of this Subsection, the term special event shall mean a parade, circus, fair, carnival, festival, farmers' market or other similar event that is different in character from the customary or usual activities generally associated with the property upon which the special event is to occur.

(9)

Portable signs or signs not permanently affixed or attached to the ground or to any structure, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.

(10)

Rotating signs.

(11)

Searchlights.

(12)

Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.

(13)

Inflatable freestanding signs or tethered balloons.

(14)

Fabric signs, flags, pennants or banners when used for commercial advertising purposes except as permitted in Section 16-73 above (Exemptions).

(15)

Electronic message boards except governmental signs.

(16)

Wind signs.

(17)

Any sign (together with its supporting structure) now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Building Official upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business.)

(18)

Any sign or sign structure which:

a.

Is structurally unsafe;

b.

Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;

c.

Is not kept in good repair; or

d.

Is capable of causing electrical shocks to persons likely to come in contact with it.

(19)

Any sign or sign structure which:

a.

In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official sign;

b.

Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle;

c.

Creates in any other way an unsafe distraction for motor vehicle operators; or

d.

Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.

(Prior Zoning Ord. §703; Ord. 2004-7 §2)

Signs in any residential zone district or for any residential use subject to being shown on a Planned Unit Development plan, may include and shall be limited to the following.

(1)

One (1) for sale or for rent sign per lot, provided that such sign does not exceed three (3) square feet in area and is unlighted.

(2)

Signs advertising garage sales shall not be placed on the streets of the Town, on the property of persons other than the one holding such sales without express permission, or at a distance of more than three hundred (300) feet from the location of the sale.

(3)

One (1) sign advertising a home occupation per dwelling, provided that such sign does not exceed three (3) square feet in area, is unlighted and is affixed to the structure.

(4)

Identification signs during the construction of a development, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations:

a.

The maximum size for identification signs shall be one hundred (100) square feet in area per face.

b.

All such signs shall be located within the development and must be located along arterial roads adjacent to the development and subject to the limitations set forth in the following subparagraphs:

1.

No more than two (2) such signs shall be permitted on any single arterial boundary of the development.

2.

When such signs are not located at the same intersection, they must be at least one thousand (1,000) feet apart.

c.

When a development has no frontage on an arterial road, identification signs may be located along collector streets adjacent to the development, except that not more than one (1) such sign shall be permitted on any single collector boundary of the development.

d.

Identification signs must be removed when the subdivision sales office closes.

(5)

One (1) identification sign per public or semi-public use, provided that such sign does not exceed thirty-five (35) square feet in area per face and has only indirect illumination.

(6)

One (1) identification sign per entrance to property identifying a subdivision or housing project, provided that such sign does not exceed thirty-five (35) square feet in area per face and has only indirect illumination.

(7)

One (1) identification sign per child care center, provided that such sign does not exceed six (6) square feet or, if located in a residential district, it shall not exceed the size restriction of that district in area per face and shall be unlighted.

(8)

One (1) identification sign per subdivision sales office, provided that such sign does not exceed ten (10) square feet in area per face and is unlighted.

(Prior Zoning Ord. §704; Ord. 2004-7 §2)

Signs in any mixed use, commercial or industrial zone district or any business, commercial or industrial use subject to being shown on a Planned Unit Development plan, may include and shall be limited to the following:

(1)

Such signs as are permitted in the residential districts.

(2)

Window signs, freestanding signs and ground signs, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations:

a.

For the first two hundred (200) feet in building face length, the maximum sign area permitted shall be equal to two (2) square feet of sign area for each lineal foot of building face length.

b.

For that portion of a building face which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one (1) square foot of sign area for each lineal foot of building face length over such two hundred (200) feet. The sign area permitted hereunder shall be in addition to the sign area permitted under Subparagraph a above.

c.

When either the signs on a group of properties planned as a unit under the unit development provisions of this Article or the signs on a single property are limited to individually outlined letters or script mounted on a building face (signs without backing) and/or one (1) ground sign per street frontage, the permitted square footage of signs allowed in Subparagraphs a and b above may be increased to two and one-half (2½) square feet and one and one-half (1½) square feet respectively.

d.

In no event shall the total sign allowance for any property be less than one (1) square foot of sign allowance for each lineal foot of lot frontage.

e.

For the purpose of this Subsection, the sign allowance shall be calculated on the basis of the length of the one (1) building face which is most nearly parallel to the street it faces. In the event a building does not have frontage on a dedicated public street, the owner of the building may designate one (1) building fascia which shall be used for the purpose of calculating the sign allowance. In the event the only building face which fronts on a dedicated street is a wall containing no signs, the property owner may, at his or her option, designate another building face on said building on the basis of which the total sign allowance shall be calculated, provided that no more than twenty-five percent (25%) of the total sign allowance permitted under this Article may be placed on faces other than the building face which was the basis for the sign allowance calculation. In all other cases, the sign allowance for a building may be distributed in any manner among its faces except that no one (1) face may contain more sign area than one hundred fifty percent (150%) of the sign area provided by Subparagraphs a. through d. above.

(3)

Flush wall signs, provided that the placement and use of all such signs shall be governed by and be within the following limitations:

a.

The maximum sign area permitted for each wall shall be equal to thirty percent (30%) of the area of that wall.

b.

No more than two (2) walls on each building shall have flush wall signs on them.

c.

There shall be no more than one (1) sign per wall.

d.

There shall be no painting of signs directly on the wall surface.

(4)

In commercial districts, rooftop signs shall be uses permitted by special review only.

(Prior Zoning Ord. §705; Ord. 2004-7 §2)

The following rules shall apply to the measurement of signs in all districts:

(1)

The total surface area of all sign faces of freestanding signs, ground signs and projecting wall signs shall be counted and considered a part of the maximum total surface area allowance.

(2)

The area of all signs (except ground signs) with backing or a background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign, including all frames and backing.

(3)

The area of all signs (except ground signs) without backing or background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each work, written representation (including any series of letters), logo or figure of similar character.

(4)

The area of all ground signs shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the sign face and that portion of the sign structure which exceeds one and one-half (1½) times the area of the sign face.

(Prior Zoning Ord. §706; Ord. 2004-7 §2)

In zones where freestanding signs and ground signs are permitted, the following rules shall apply to freestanding and ground signs:

(1)

Signs within fifty (50) feet (measured along the street right-of-way) of the intersection of a street with a street or driveway which exceed forty-two (42) inches in height shall be set back at least fifteen (15) feet from the street right-of-way line or shall maintain free air space between a height of forty-two (42) inches above the adjacent street elevation and a height of seventy-two (72) inches above said elevation. A freestanding sign shall not be construed to have free air space if such sign has a base which is greater than fifty percent (50%) of the width of its face or three (3) feet wide, whichever is smaller.

(2)

When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground.

(3)

Size, height and location:

a.

In no case shall signs compromise traffic visibility and safety.

b.

The maximum size for ground and freestanding signs shall be one hundred twenty (120) square feet per side.

c.

The maximum height for ground and freestanding signs shall be twenty-four (24) feet above grade.

d.

No freestanding or ground sign shall be built within fifteen (15) feet of any interior side lot line.

e.

Single-faced freestanding and ground signs shall be set back from the street right-of-way line according to the provisions of this Section. Any such setback shall be measured from the street right-of-way line at the street to which the sign face is most nearly parallel.

f.

Double-faced freestanding and ground signs shall be set back from the street right-of-way line according to the provisions of this Section. Any such setback shall be measured from the street right-of-way line at the street to which the sign faces are most nearly perpendicular.

g.

When any freestanding or ground sign is placed at a forty-five-degree angle on property located at the intersection of two (2) dedicated public streets, the required setback may be measured from either of the street right-of-way lines involved.

(4)

No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property.

(5)

No freestanding or ground sign shall contain more than three (3) cabinets or modules.

(Prior Zoning Ord. §707; Ord. 2004-7 §2)

(a)

Signs projecting over private property shall not project more than six (6) feet from the face of the building nor beyond the minimum required building setback for the zone in which it is located. Such signs shall not exceed fifteen (15) square feet per face.

(b)

No sign may project over a public right-of-way in any district, except that signs eight (8) feet or more above grade may project up to forty-eight (48) inches from the face of the building if the total area for such sign is the lesser of one (1) square foot of sign for each lineal foot of building frontage upon which such sign is displayed, or twelve (12) square feet per face. In addition, flush wall signs at least eight (8) feet above ground level may extend up to twelve (12) inches beyond the building face at the base of the sign.

(c)

Projecting signs shall be mounted so they generally align with others in the block.

(d)

Owners of projecting signs extending over public right-of-way shall be required to maintain public liability insurance in an amount to be determined appropriate by the Town, in which the Town is named as an "other insured."

(Prior Zoning Ord. §708; Ord. 2004-7 §2)

(a)

No canopy sign shall project above the tip of the canopy upon which it is mounted.

(b)

No canopy sign shall project from the face of a canopy.

(c)

Under-canopy signs which are perpendicular to the face of the building shall be deemed to be projecting wall signs.

(d)

Under-canopy signs which are parallel to the face of the building shall be a minimum of eight (8) feet above grade and shall be deemed to be flush wall signs.

(Prior Zoning Ord. §709; Ord. 2004-7 §2)

(a)

No awning sign shall project above the top of the awning upon which it is mounted.

(b)

No awning sign shall project from the face of an awning.

(c)

Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building.

(d)

Awnings on which awning signs are mounted shall be at least eight (8) feet above any public right-of-way, except that any valance attached to an awning may be only seven (7) feet in height above a public right-of-way.

(Prior Zoning Ord. §710; Ord. 2004-7 §2)

(a)

Installation.

(1)

All signs shall be mounted so that the method of installation is concealed.

(2)

All signs and all components thereof, including sign structures and sign faces, shall be kept neatly painted, in a good state of repair and in compliance with all building and electrical codes. The Town may inspect any sign governed by this Article and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(b)

Maintenance.

(1)

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources, in neat and orderly condition and in a good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The sign must also be in compliance with all building and electrical codes.

(2)

The owner of any sign regulated by this Article shall be required to keep signs and supporting hardware, including temporary signs and time/temperature signs, structurally safe, clean, free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.

(3)

The Town may inspect any sign governed by this Article and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(Ord. 2004-7 §2)

Any sign which lawfully exists prior to the adoption or amendment of this Chapter may be continued as a nonconforming sign subject to the following provisions:

(1)

No nonconforming sign may be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to change its copy or to decrease its nonconformity.

(2)

If any nonconforming sign or nonconforming portion thereof is damaged or destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost, it shall not be reconstructed except in conformance with any applicable provisions of this Chapter.

(3)

If any nonconforming sign should, for any reason, be moved from its location and relocated, such sign shall conform to the provisions of the district to which it is relocated.

(4)

Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming structure or sign shall be permitted in order to prevent deterioration of the structure or sign.

(5)

Nothing in this Section shall be interpreted or construed as authorizing or approving the continuance of a use or structure that is in violation of the zoning regulations in effect at the time of the effective date of this Section.

(Prior Zoning Ord. §712; Ord. 2004-7 §2)