- SIGN REGULATIONS
1.1.
Statement of Purpose. The provisions of this Ordinance are made to establish reasonable and impartial regulations for all exterior signs and to further the objectives of the comprehensive plan of Hamilton; to protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to protect property values; and to further economic development. To these ends, these regulations are intended to promote signs that are:
1.
Compatible with the landscape/streetscape and architecture of surrounding buildings;
2.
Legible and appropriate to the activity to which they pertain;
3.
Not distracting to motorists;
4.
Constructed and maintained in a structurally sound and attractive condition;
5.
Compatible with any surrounding residential structures; and
6.
Adhere to the provisions of Dark Sky Standards set out in this Ordinance.
1.2.
Protection of First Amendment Rights. Any sign, display, or device allowed under this Ordinance may contain, in lieu of any other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to other non-commercial businesses or to a commodity or service for sale, and that complies with all other requirements of this Ordinance.
1.3.
Applicability. Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks, and property. These regulations shall apply to all signs erected within the Town of Hamilton following the effective date of this Ordinance.
1.4.
Sign Permit Required. No sign or sign structure, except as provided in Section 1.7 (exempt signs) shall be erected, displayed, altered, relocated, or replaced until a sign permit has been issued. For the purposes of this Ordinance, all signs are considered accessory uses of real property and shall be located on the premises of the principal use to which they pertain.
1.5.
Definitions.
Administrator: The designated government official whose responsibility it is to administer the provisions of this Ordinance. For purposes of this Ordinance the Zoning Administrator for the Town of Hamilton shall be the administrator.
Awning: Any non-rigid material such as fabric or flexible plastic that is supported by or stretched over a frame that is attached to an exterior wall.
Awning Sign: A sign placed directly on the surface of an awning.
Banner: A sign that is mounted on or attached to a non-rigid surface and made of materials such as cloth, fabric, or paper.
Billboard: See off-premises sign.
Bulletin Board Sign: A particular type of changeable copy sign that displays copy in a casement made of glass or Plexiglas.
Canopy: An extension of the roof of a building or a freestanding structure that has a roof with support, but no walls.
Canopy Sign: A sign attached to a canopy.
Changeable Copy Sign: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.
Copy: The characters, letters, or illustrations displayed on a sign face.
Directional Sign: A sign that provides on-site directional assistance for the convenience of the public such as location of exits, entrances, and parking lots and is less than 4 square feet in size.
Directory Sign: A sign that displays the names and/or addresses of the establishments or uses of a building or a group of buildings and is less than 4 square feet in size.
Externally Illuminated Sign: A sign whose illumination is derived entirely from an external artificial source.
Freestanding Sign: The general term for any on-site sign that is supported from the ground and not attached to a building.
Frontage, Building: The length of a building that faces a street, parking area, or private drive.
Frontage, Lot: The length of that part of a zoning lot that fronts a public street.
Illegal Sign: A sign that was constructed in violation of regulations that existed at the time it was built.
Internally Illuminated Sign: A sign whose illumination is derived in whole or in part from an internal artificial source.
Marquee: A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from natural elements.
Marquee Sign: A sign attached to and made part of a marquee or any other similar projection from a building.
Master Sign Plan: A plan which shows signs for multiple businesses on a single lot and shopping centers.
Non-conforming Sign: A sign that met all legal requirements when constructed but that is not in compliance with this Ordinance. An illegal sign is not a non-conforming sign.
Off-Premises Sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at locations other than the premises where the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be considered an off-premises sign. Signs erected by a governmental or quasi-governmental body are excluded from this definition.
Portable Sign: A sign that is not permanently affixed to a building, structure, or the ground or designed to be permanently affixed to a building, structure, or the ground.
Projecting Sign: A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building.
Real Estate Signs: A sign advertising residential and nonresidential properties for sale or rent.
Roof Sign: A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
Sight Distance Triangle: The land adjoining a street intersection that is kept clear of obstructions between three and seven feet above ground to protect the visibility and safety of motorists and pedestrians. The protected sight distance area at the intersection of two streets is the triangle formed by the street right-of-way lines and a line connecting said street lines 35 feet from their intersection. Where collector or arterial streets meet, the street right-of-way lines shall connect 45 feet from their intersection.
Sign: Any writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure or similar character which: used to announce, direct attention to, identify, advertise or otherwise make anything known; and is visible from the public right-of-way or from adjoining property.
Temporary Sign: A sign that is displayed only for a specified limited period of time.
Wall Sign: A sign attached to a wall of a building and parallel to the wall, which displays only one advertising surface.
1.6.
Prohibited Signs. The following are expressly prohibited unless specifically stated otherwise in this Ordinance:
1.
Animated and Moving Signs. Including, but not limited to, pennants, banners, streamers, propellers, discs, and searchlights.
2.
Flashing Signs. Any signs that include lights that flash, blink, or turn on and off intermittently, not including that portion of a sign that displays time and temperature.
3.
Glaring Signs. Signs with light sources or reflectivity of such brightness that constitute a hazard or nuisance as determined by the Administrator.
4.
Inflatable Signs and Objects. Including, but not limited to, balloons.
5.
Off-Premises Signs, including Billboards. Any sign which is not located on the premises that it identifies or advertises.
6.
Posters and Handbills. Any signs affixed to trees, natural vegetation, rocks, utility poles or stakes.
7.
Roof Signs. Any signs which are erected on a roof or which extend in height above the roofline of the building on which the sign is erected.
8.
Simulated Traffic Signs and Obstructions. Any sign that may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.
9.
Signs that obstruct or block any door, fire escape, stairway, or any opening intended for light, air or access to any building. Signs attached temporarily to the interior of a building window or glass door shall be allowed, but shall not cover more than thirty (30) percent of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall not be posted for more than thirty (30) days.
10.
Vehicular Signs. Temporary or permanent signs resting on or attached to vehicles shall be allowed as the signage is limited to four (4) square feet in area and shall not otherwise be used as a means to circumvent the provisions of this article.
1.7.
Exempt Signs. Sign permits shall not be required for the following signs; however, all other applicable regulations of this Ordinance shall apply.
1.
Address or Identification Signs. Signs indicating the address and/or names of occupants of premises, not exceeding two square feet in area. This includes nameplates on commercial structures, which would not be included in the overall sign area calculations, and internal directory signs for multiple businesses on a single zoning lot.
2.
Advertisements or Official Notices. Notices posted by any public or court officer or any trustees under deeds of trust, or other similar instruments.
3.
Artwork. Works of art that do not include any commercial messages or references.
4.
Bulletin Boards. Public school or library bulletin boards, or bulletin boards of other public or semi-public buildings not exceeding twelve (12) square feet in area.
5.
Directional Signs. Signs giving on-site directional assistance for the convenience of the public, not exceeding two square feet in area, or located closer than five feet to any property line. Directional signs may not be lit and may not exceed four (4) square feet in area.
6.
Flags, Emblems and Insignia. For any governmental agency or religious, charitable, public or non-profit organization; provided, however, that no single flag shall exceed fifteen (15) square feet in area, and no single-zoning lot shall display more than three such flags. Commercially zoned properties are allowed one flag no more than three feet by five feet.
7.
Handicapped Parking Space Sign.
8.
Security and Warning Signs. Signs posted on private property warning the public against trespassing, or similar message, provided that any such sign does not exceed two square feet.
9.
Signs in Residential Districts. In residential districts one non-illuminated sign not exceeding a total area of four square feet nor four feet in height. This includes real estate signs.
10.
Private Drive Signs. On-premises private drive signs limited to one per drive entrance, not exceeding two square feet in area, with language limited to the words "private drive" and the address of any residences utilizing the private roadway.
11.
Public Signs. Signs including, but not limited to, traffic, utility and other regulatory signs erected by government agencies.
12.
Changeable Copy Signs. Signs where the copy is not permanent and may be manually altered, excluding approved institutional bulletin boards, theater signs, chalkboard signs for restaurant or retail uses and fuel price signs as permitted by this Ordinance. No changeable copy sign shall be located within the public right-of-way, nor shall it be larger than six (6) square feet in size.
13.
Portable Signs. Any sign that is not permanently affixed to a building, structure, or the ground, which is less than six (6) square feet in area, located on the lot in which the sign is advertising and not located, in whole or in part, within the public right-of-way.
1.8.
Temporary Signs. The following signs shall require the issuance of a temporary sign permit by the Zoning Administrator prior to their display. The permit shall cite the length of time the sign may be displayed. If any temporary sign is located within the public right-of-way, the administrator may remove it at his/her discretion and charge the costs of removal to the individual or enterprise responsible.
1.
Special Sales Events Signs. Signs announcing such events as grand openings, new management, and going-out-of-business sales. Such signs shall be attached to an existing principal structure or sign pole, shall not exceed 20 square feet in area and may be displayed on a given property for up to two periods, not to exceed 30 total days within a 12 month period. Such signs shall be removed within five days following the end of the event.
2.
Temporary and Seasonal Produce Stand Signs. The total area of all such signs shall not exceed 20 square feet, nor shall any sign exceed six feet in height. Temporary signs shall be permitted for a period not to exceed 12 months.
3.
Construction Signs. Signs are not to exceed one per contractor/builder/architect/bank/realtor, limited to a maximum of two (2) signs. The maximum height of any sign shall not exceed six feet. The maximum area of any sign shall not exceed twenty square feet. Such signs shall be removed prior to the issuance of the first occupancy permit.
4.
Temporary residential subdivision and model home identification signs. One sign may be erected for not more than two years at each principal entrance to the development. Such signs shall not exceed six feet in height or sixteen square feet in area. In addition, one model home sign of not more than four square feet may be maintained at each model home.
5.
Temporary signs announcing a civic, philanthropic, educational or religious event. Such signs shall not exceed sixteen square feet in area or six feet in height. The location of the sign shall be determined by the Zoning Administrator. Such signs shall not be erected more than fourteen (14) days prior to the event, and shall be removed within five (5) days after the event. The fee may be waived for non-profit organizations.
6.
Political Signs. There are no governing regulations associated with the placement of political signs on private property, although permission of the property owner is required and signs must be in compliance with zoning and right of way restrictions applicable to temporary non-political signs.
1.9.
Non-Conforming Signs. Any sign which was lawfully in existence at the time of the effective date of the Ordinance which does not conform to the provisions herein, shall be deemed a non-conforming sign and may remain except as qualified herein. No non-conforming sign shall be relocated, enlarged, extended, or altered in any manner; except a sign face may be changed so long as the new face is equal to or reduced in height, sign area, and/or projection.
Removal of Non-Conforming Signs. Non-conforming signs may remain, provided they are kept in good repair, except for the following:
1.
A non-conforming sign that is damaged, or destroyed by acts of god or negligence of others not including the owner of the sign, may be repaired so long as it is returned to its original state and the non-conformity is not increased.
2.
A non-conforming sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to the extent exceeding 50 percent of the principal structure's appraised value.
1.10.
Abandoned Signs. The owner or lessee shall remove a sign, including its supporting structure or brackets, if the premises upon which the sign is located when the business that it advertises is no longer on the premises. Such sign, if not removed within thirty (30) days from the termination of occupancy by such business shall be considered to be in violation of this Chapter, and shall be removed at the owner's expense.
1.11.
Signs Permitted by Zoning District.
1.
General Sign Regulations for All Districts.
Minimum Setback: five (5) feet from all public rights-of-way, unless further restricted by provisions of this article. However, any wall mounted sign attached to a legally non-conforming structure that is closer than five (5) feet from the property line shall be permitted by approval of the administrator.
Determination of Sign Area. In measuring the area of signs permitted under these regulations, the entire face of the sign (one side only) and any wall work incidental to its decoration shall be included. Where both sides of a sign contain lettering or other allowable display, one side only shall be used to compute the allowable size of the sign. Where the sign consists of individual raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the letters or sign face.
Determination of Sign Height. When measuring the height of a sign any pole or structure supporting the sign shall be included in the calculation of height. The height of a sign erected shall be no greater than six feet from the grade level and no portion of the sign should be greater than six feet. All foundations, bases, planters, roofing or similar parts associated with the sign will be utilized to compute sign height.
2.
General Regulations for Signs in Residential Districts. Subject to the general sign regulations of Section 3, and ordinances regulating structural and safety features, accessory non-illuminated signs (as approved by the administrator) are permitted as follows:
a.
Address signs (no permit required).
b.
Security and Warning Signs (no permit required).
c.
Temporary and Seasonal Produce Stand Signs (permit required).
d.
For single family, townhouse, and multi-family developments, one ground mounted sign, limited in area to 24 square feet and not to exceed six feet in height for identification of a subdivision. For single-family developments, one sign per primary entrance, not to exceed two signs, is allowed (permit required).
e.
A sign or bulletin board limited in area to 20 square feet, and six feet in height for identification of permitted public, semi-public, or recreational uses (no permit required).
f.
For churches or synagogues, one sign including a non-illuminated message board, with a maximum of 16 square feet, and a maximum height of 6 feet. Churches with multiple frontages may erect one sign on each frontage, not to exceed two signs total (maximum 48 square feet) (permit required).
g.
Temporary Construction signs not to exceed 24 square feet and a maximum height of 6 feet (permit required).
h.
Temporary Subdivision signs not to exceed 24 square feet and a maximum height of 6 feet (permit required).
i.
One non-illuminated sign per residential lot, not to exceed four square feet, or four feet in height. This includes real estate signs, but not home occupations signs (no permit required).
j.
One home occupation sign shall be permitted to be attached to the primary structure upon approval of both a zoning location permit for the home occupation and a sign permit. No home occupation sign may be larger than four (4) square feet in size, nor shall it be illuminated in any manner.
3.
General Regulations for Commercial and Industrial Districts.
a.
Types of signs permitted: Wall, freestanding, projecting, awning, canopy, or marquee.
b.
Number of signs permitted for individual business on a single zoning lot: Two (2) signs per business; no two signs may be of the same sign type. Individual businesses on a single zoning lot with frontage on more than one public right-of-way may have one additional sign which meets all requirements of this section, not to exceed three. (Except for shopping centers, or multiple business see Section 4).
c.
Signs facing residential districts: Any sign erected within 100 feet of a residential zoning district may be illuminated as long as it is fully shielded and downward directed and is limited to sixteen (16) square feet in area.
d.
Minimum setback of free-standing signs: Free-standing signs shall be located no closer than ten (10) feet to the edge of any public right-of-way, service drive, or entrance.
e.
Maximum Height of Monument Signs: Maximum height of monument style signs shall be six (6) feet.
f.
Minimum frontage required for Free-standing signs: Free-standing signs shall be permitted only on zoning lots with 100 feet or more of street frontage.
g.
Spacing of Free-standing signs: No monument sign shall be erected within 100 feet of another freestanding sign.
h.
Installation of Wall signs: All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
i.
Installation of Projecting Signs: Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
j.
Maximum size of signs:
i.
Wall or Marquee Sign: One square foot per linear foot of building frontage on which the sign or signs are to be attached, up to a maximum aggregate of 60 square feet.
ii.
Monument Sign: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of 24 square feet.
iii.
Awning or Canopy Sign: One square foot per linear foot of the awning or canopy, up to 8 square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to twelve square feet.
k.
Sign Illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
4.
Signs for Multiple Businesses on a Single Lot. Multiple businesses located on a single zoning lot:
a.
Types of signs permitted. Wall, freestanding, projecting, awning, canopy or marquee.
b.
Maximum number of signs permitted per zoning lot. One free-standing sign per lot frontage. For developments with frontage on more than one right-of-way, one free-standing sign per right-of-way not to exceed two is permitted. One other sign (wall, projecting, awning, or canopy) per individual establishment.
c.
Master Sign Plan. Multiple businesses on a single zoning lot, i.e. shopping centers, office parks, industrial parks and other similar uses must submit a master sign plan to ensure that all signs are harmonious with regard to color, size, lettering, and composition. The master sign plan shall be submitted in conjunction with a site plan or subdivision application for approval by the Town Council upon recommendation by the Planning Commission.
Minimum regulations shall be as follows:
i.
Signs facing residential districts. Any sign erected within 100 feet of a residential zoning district shall be non-illuminated and limited to sixteen square feet in area.
ii.
Minimum setback of Monument Style signs. Monument style signs shall be located no closer than ten feet to any public right-of-way, service drive, or entrance.
iii.
Maximum Height of Freestanding signs. Maximum height of monument style signs shall be 6 feet.
iv.
Minimum frontage required for freestanding signs. Freestanding signs shall be permitted only on zoning lots with 100 feet or more street frontage.
v.
Spacing of monument signs: No monument sign shall be erected within 100 feet of another freestanding sign.
vi.
Installation of Wall signs: All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
vii.
Installation of Projecting Signs: Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
viii.
Internal Directional and Directory Signs: These signs must be included as part of the master sign plan however, internal directional and directory signs will not be included in the calculation of overall sign area for multiple businesses on a single zoning lot.
d.
Maximum size of signs.
i.
Wall or marquee signs: One square foot of sign per one linear foot of unit frontage with a maximum square footage not to exceed 30 square feet per individual business.
ii.
Monument signs: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of twenty-four (24) square feet. Monument signs shall include only the name of the overall project, they shall not include a directory of the occupants.
iii.
Awning or canopy signs: One square foot per linear foot of the awning or canopy, up to eight (8) square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to twelve square feet.
e.
Sign Illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
5.
Signs for Commercial or Industrial adjacent to a Residential Lot.
a.
Types of signs permitted. Wall, freestanding, projecting, awning, canopy or marquee.
b.
Maximum number of signs permitted per lot. Two (2) signs per business; no two signs may be of the same sign type. Individual businesses on a single zoning lot with frontage on more than one public right-of-way may have one additional sign which meets all requirements of this section, not to exceed three.
c.
Signs facing residential districts. Any sign erected on a property adjacent to a residential zoning district may be externally illuminated as long as it is fully shielded and downward directed and is limited to sixteen (16) square feet in area.
d.
Minimum setback of freestanding signs. Freestanding signs shall be located no closer than five (5) feet from the edge of any public right-of-way, service drive or entrance.
e.
Minimum frontage required for freestanding or monument signs. Freestanding or monument signs shall be permitted only on lots with 100 feet or more street frontage.
f.
Spacing of Freestanding or Monument Signs. No freestanding or monument sign shall be erected within 100 feet of another freestanding sign.
g.
Installation of Wall signs. All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
h.
Installation of Projecting Signs. Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
i.
Maximum size of signs.
i.
Wall or marquee signs: One half (frax;1;2>) square foot of sign per one linear foot of unit frontage with a maximum square footage not to exceed 30 square feet per individual business.
ii.
Monument signs: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of twenty-four (24) square feet. Monument signs shall include only the name of the overall project, they shall not include a directory of the occupants.
iii.
Awning or canopy signs: One square foot per linear foot of the awning or canopy, up to eight (8) square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One half (frax;1;2>) square foot per linear foot of building frontage on which the sign is to be attached, up to eight (8) square feet.
j.
Sign illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
1.12.
Administration.
1.
Application for a Permit. A permit shall be received from the Town of Hamilton before erecting, placing, rebuilding, reconstructing, or moving any sign. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his authorized agent, or a contractor licensed by the Town of Hamilton. Each application shall be made in writing on forms furnished by the Planning Department and signed by the applicant.
2.
Fees. Each application for a sign permit or for approval of a master sign plan shall be accompanied by the applicable fees, which shall be established by the Town Council from time to time by ordinance.
3.
Plans, Specifications, and other Data.
a.
The application for a sign permit shall be accompanied by the following information:
i.
The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.
ii.
The location, by street address, of the proposed sign structure.
b.
In addition, drawings or plans with the following information shall also be submitted:
i.
Type of sign(s) and general description of structural design and construction of materials to be used.
ii.
The dimensions of the sign(s).
iii.
For free-standing signs, the position of the sign(s) in relation to adjacent lot lines, buildings, sidewalks, streets, intersections and service drives.
iv.
For all other signs, the position relative to the structure on which it shall be placed, frontage of the building or individual unit.
v.
Purpose of the proposed sign(s).
vi.
Drawings of the proposed sign which shall contain specifications indicating the height, perimeter and area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign.
vii.
Any other information requested by the Zoning Administrator in order to carry out the purpose and intent of these regulations.
4.
Construction and Maintenance Standards.
a.
Building Code Compliance. All signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code.
b.
Condition of Signs. All signs and components shall be maintained in good repair and in a safe, clean and attractive condition.
c.
Repair or Removal of Nuisance Signs. Any sign that is declared to be an immediate or imminent hazard to life or property may be caused to be immediately removed or repaired. All costs associated with the removal or repair shall be charged to the owner of the premises.
d.
Removal of Obsolete Signs. Any sign that is obsolete because of discontinuance of the advertised activity, or any other reason that would cause the sign to be obsolete shall be removed within 30 days at the direction of the administrator or other Town agent. All costs associated with the removal shall be charged to the owner of the premises.
5.
Action. Within thirty days of the submission of a complete application for a sign permit, the Zoning Administrator shall either:
a.
Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Ordinance; or
b.
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of this Ordinance. In case of a rejection, the Zoning Administrator shall specify in the rejection the section or sections of this Ordinance or applicable plan with which the sign(s) is inconsistent. Appeals to the administrator's decision must be filed with the Board of Zoning Appeals within 30 days of the decision. (Article 11 of this Ordinance).
6.
Recording of Sign Permits. The Zoning Administrator shall maintain a record of all sign permits issued. All sign permits shall be numbered in the order of their issuance.
7.
Inspections. A final inspection shall be completed after installation of approved signs. Any discrepancies between the approved sign and the sign as constructed shall be identified and may result in the halt of construction or sign removal, if so ordered by the Zoning Administrator.
8.
Expiration of Sign Permits, Signs not Constructed. A sign permit shall expire and become null and void if the approved sign is not erected within a period of twelve months from the date the permit was originally issued. The Zoning Administrator may grant one extension of the sign permit for a period of six months, but in no case shall a permit be valid for more than a total of eighteen months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.
1.13.
Temporary Sign Permit Applications. All signs requiring the issuance of a temporary sign permit, as established in Article 7, Section 1.8, shall submit all information requested by the Zoning Administrator prior to the issuance of such permit. The approved permit shall include the expiration date of the temporary permit. The applicant may request extensions of said permit for good cause (not to exceed two extensions). Temporary signs remaining after the expiration of the permit shall be considered an obsolete sign.
1.14.
Removal of Illegal Signs. The Zoning Administrator may remove or order the removal of any illegal sign at the expense of the property owner by any lawful means.
- SIGN REGULATIONS
1.1.
Statement of Purpose. The provisions of this Ordinance are made to establish reasonable and impartial regulations for all exterior signs and to further the objectives of the comprehensive plan of Hamilton; to protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to protect property values; and to further economic development. To these ends, these regulations are intended to promote signs that are:
1.
Compatible with the landscape/streetscape and architecture of surrounding buildings;
2.
Legible and appropriate to the activity to which they pertain;
3.
Not distracting to motorists;
4.
Constructed and maintained in a structurally sound and attractive condition;
5.
Compatible with any surrounding residential structures; and
6.
Adhere to the provisions of Dark Sky Standards set out in this Ordinance.
1.2.
Protection of First Amendment Rights. Any sign, display, or device allowed under this Ordinance may contain, in lieu of any other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to other non-commercial businesses or to a commodity or service for sale, and that complies with all other requirements of this Ordinance.
1.3.
Applicability. Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks, and property. These regulations shall apply to all signs erected within the Town of Hamilton following the effective date of this Ordinance.
1.4.
Sign Permit Required. No sign or sign structure, except as provided in Section 1.7 (exempt signs) shall be erected, displayed, altered, relocated, or replaced until a sign permit has been issued. For the purposes of this Ordinance, all signs are considered accessory uses of real property and shall be located on the premises of the principal use to which they pertain.
1.5.
Definitions.
Administrator: The designated government official whose responsibility it is to administer the provisions of this Ordinance. For purposes of this Ordinance the Zoning Administrator for the Town of Hamilton shall be the administrator.
Awning: Any non-rigid material such as fabric or flexible plastic that is supported by or stretched over a frame that is attached to an exterior wall.
Awning Sign: A sign placed directly on the surface of an awning.
Banner: A sign that is mounted on or attached to a non-rigid surface and made of materials such as cloth, fabric, or paper.
Billboard: See off-premises sign.
Bulletin Board Sign: A particular type of changeable copy sign that displays copy in a casement made of glass or Plexiglas.
Canopy: An extension of the roof of a building or a freestanding structure that has a roof with support, but no walls.
Canopy Sign: A sign attached to a canopy.
Changeable Copy Sign: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.
Copy: The characters, letters, or illustrations displayed on a sign face.
Directional Sign: A sign that provides on-site directional assistance for the convenience of the public such as location of exits, entrances, and parking lots and is less than 4 square feet in size.
Directory Sign: A sign that displays the names and/or addresses of the establishments or uses of a building or a group of buildings and is less than 4 square feet in size.
Externally Illuminated Sign: A sign whose illumination is derived entirely from an external artificial source.
Freestanding Sign: The general term for any on-site sign that is supported from the ground and not attached to a building.
Frontage, Building: The length of a building that faces a street, parking area, or private drive.
Frontage, Lot: The length of that part of a zoning lot that fronts a public street.
Illegal Sign: A sign that was constructed in violation of regulations that existed at the time it was built.
Internally Illuminated Sign: A sign whose illumination is derived in whole or in part from an internal artificial source.
Marquee: A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from natural elements.
Marquee Sign: A sign attached to and made part of a marquee or any other similar projection from a building.
Master Sign Plan: A plan which shows signs for multiple businesses on a single lot and shopping centers.
Non-conforming Sign: A sign that met all legal requirements when constructed but that is not in compliance with this Ordinance. An illegal sign is not a non-conforming sign.
Off-Premises Sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at locations other than the premises where the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be considered an off-premises sign. Signs erected by a governmental or quasi-governmental body are excluded from this definition.
Portable Sign: A sign that is not permanently affixed to a building, structure, or the ground or designed to be permanently affixed to a building, structure, or the ground.
Projecting Sign: A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building.
Real Estate Signs: A sign advertising residential and nonresidential properties for sale or rent.
Roof Sign: A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
Sight Distance Triangle: The land adjoining a street intersection that is kept clear of obstructions between three and seven feet above ground to protect the visibility and safety of motorists and pedestrians. The protected sight distance area at the intersection of two streets is the triangle formed by the street right-of-way lines and a line connecting said street lines 35 feet from their intersection. Where collector or arterial streets meet, the street right-of-way lines shall connect 45 feet from their intersection.
Sign: Any writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure or similar character which: used to announce, direct attention to, identify, advertise or otherwise make anything known; and is visible from the public right-of-way or from adjoining property.
Temporary Sign: A sign that is displayed only for a specified limited period of time.
Wall Sign: A sign attached to a wall of a building and parallel to the wall, which displays only one advertising surface.
1.6.
Prohibited Signs. The following are expressly prohibited unless specifically stated otherwise in this Ordinance:
1.
Animated and Moving Signs. Including, but not limited to, pennants, banners, streamers, propellers, discs, and searchlights.
2.
Flashing Signs. Any signs that include lights that flash, blink, or turn on and off intermittently, not including that portion of a sign that displays time and temperature.
3.
Glaring Signs. Signs with light sources or reflectivity of such brightness that constitute a hazard or nuisance as determined by the Administrator.
4.
Inflatable Signs and Objects. Including, but not limited to, balloons.
5.
Off-Premises Signs, including Billboards. Any sign which is not located on the premises that it identifies or advertises.
6.
Posters and Handbills. Any signs affixed to trees, natural vegetation, rocks, utility poles or stakes.
7.
Roof Signs. Any signs which are erected on a roof or which extend in height above the roofline of the building on which the sign is erected.
8.
Simulated Traffic Signs and Obstructions. Any sign that may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.
9.
Signs that obstruct or block any door, fire escape, stairway, or any opening intended for light, air or access to any building. Signs attached temporarily to the interior of a building window or glass door shall be allowed, but shall not cover more than thirty (30) percent of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall not be posted for more than thirty (30) days.
10.
Vehicular Signs. Temporary or permanent signs resting on or attached to vehicles shall be allowed as the signage is limited to four (4) square feet in area and shall not otherwise be used as a means to circumvent the provisions of this article.
1.7.
Exempt Signs. Sign permits shall not be required for the following signs; however, all other applicable regulations of this Ordinance shall apply.
1.
Address or Identification Signs. Signs indicating the address and/or names of occupants of premises, not exceeding two square feet in area. This includes nameplates on commercial structures, which would not be included in the overall sign area calculations, and internal directory signs for multiple businesses on a single zoning lot.
2.
Advertisements or Official Notices. Notices posted by any public or court officer or any trustees under deeds of trust, or other similar instruments.
3.
Artwork. Works of art that do not include any commercial messages or references.
4.
Bulletin Boards. Public school or library bulletin boards, or bulletin boards of other public or semi-public buildings not exceeding twelve (12) square feet in area.
5.
Directional Signs. Signs giving on-site directional assistance for the convenience of the public, not exceeding two square feet in area, or located closer than five feet to any property line. Directional signs may not be lit and may not exceed four (4) square feet in area.
6.
Flags, Emblems and Insignia. For any governmental agency or religious, charitable, public or non-profit organization; provided, however, that no single flag shall exceed fifteen (15) square feet in area, and no single-zoning lot shall display more than three such flags. Commercially zoned properties are allowed one flag no more than three feet by five feet.
7.
Handicapped Parking Space Sign.
8.
Security and Warning Signs. Signs posted on private property warning the public against trespassing, or similar message, provided that any such sign does not exceed two square feet.
9.
Signs in Residential Districts. In residential districts one non-illuminated sign not exceeding a total area of four square feet nor four feet in height. This includes real estate signs.
10.
Private Drive Signs. On-premises private drive signs limited to one per drive entrance, not exceeding two square feet in area, with language limited to the words "private drive" and the address of any residences utilizing the private roadway.
11.
Public Signs. Signs including, but not limited to, traffic, utility and other regulatory signs erected by government agencies.
12.
Changeable Copy Signs. Signs where the copy is not permanent and may be manually altered, excluding approved institutional bulletin boards, theater signs, chalkboard signs for restaurant or retail uses and fuel price signs as permitted by this Ordinance. No changeable copy sign shall be located within the public right-of-way, nor shall it be larger than six (6) square feet in size.
13.
Portable Signs. Any sign that is not permanently affixed to a building, structure, or the ground, which is less than six (6) square feet in area, located on the lot in which the sign is advertising and not located, in whole or in part, within the public right-of-way.
1.8.
Temporary Signs. The following signs shall require the issuance of a temporary sign permit by the Zoning Administrator prior to their display. The permit shall cite the length of time the sign may be displayed. If any temporary sign is located within the public right-of-way, the administrator may remove it at his/her discretion and charge the costs of removal to the individual or enterprise responsible.
1.
Special Sales Events Signs. Signs announcing such events as grand openings, new management, and going-out-of-business sales. Such signs shall be attached to an existing principal structure or sign pole, shall not exceed 20 square feet in area and may be displayed on a given property for up to two periods, not to exceed 30 total days within a 12 month period. Such signs shall be removed within five days following the end of the event.
2.
Temporary and Seasonal Produce Stand Signs. The total area of all such signs shall not exceed 20 square feet, nor shall any sign exceed six feet in height. Temporary signs shall be permitted for a period not to exceed 12 months.
3.
Construction Signs. Signs are not to exceed one per contractor/builder/architect/bank/realtor, limited to a maximum of two (2) signs. The maximum height of any sign shall not exceed six feet. The maximum area of any sign shall not exceed twenty square feet. Such signs shall be removed prior to the issuance of the first occupancy permit.
4.
Temporary residential subdivision and model home identification signs. One sign may be erected for not more than two years at each principal entrance to the development. Such signs shall not exceed six feet in height or sixteen square feet in area. In addition, one model home sign of not more than four square feet may be maintained at each model home.
5.
Temporary signs announcing a civic, philanthropic, educational or religious event. Such signs shall not exceed sixteen square feet in area or six feet in height. The location of the sign shall be determined by the Zoning Administrator. Such signs shall not be erected more than fourteen (14) days prior to the event, and shall be removed within five (5) days after the event. The fee may be waived for non-profit organizations.
6.
Political Signs. There are no governing regulations associated with the placement of political signs on private property, although permission of the property owner is required and signs must be in compliance with zoning and right of way restrictions applicable to temporary non-political signs.
1.9.
Non-Conforming Signs. Any sign which was lawfully in existence at the time of the effective date of the Ordinance which does not conform to the provisions herein, shall be deemed a non-conforming sign and may remain except as qualified herein. No non-conforming sign shall be relocated, enlarged, extended, or altered in any manner; except a sign face may be changed so long as the new face is equal to or reduced in height, sign area, and/or projection.
Removal of Non-Conforming Signs. Non-conforming signs may remain, provided they are kept in good repair, except for the following:
1.
A non-conforming sign that is damaged, or destroyed by acts of god or negligence of others not including the owner of the sign, may be repaired so long as it is returned to its original state and the non-conformity is not increased.
2.
A non-conforming sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to the extent exceeding 50 percent of the principal structure's appraised value.
1.10.
Abandoned Signs. The owner or lessee shall remove a sign, including its supporting structure or brackets, if the premises upon which the sign is located when the business that it advertises is no longer on the premises. Such sign, if not removed within thirty (30) days from the termination of occupancy by such business shall be considered to be in violation of this Chapter, and shall be removed at the owner's expense.
1.11.
Signs Permitted by Zoning District.
1.
General Sign Regulations for All Districts.
Minimum Setback: five (5) feet from all public rights-of-way, unless further restricted by provisions of this article. However, any wall mounted sign attached to a legally non-conforming structure that is closer than five (5) feet from the property line shall be permitted by approval of the administrator.
Determination of Sign Area. In measuring the area of signs permitted under these regulations, the entire face of the sign (one side only) and any wall work incidental to its decoration shall be included. Where both sides of a sign contain lettering or other allowable display, one side only shall be used to compute the allowable size of the sign. Where the sign consists of individual raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the letters or sign face.
Determination of Sign Height. When measuring the height of a sign any pole or structure supporting the sign shall be included in the calculation of height. The height of a sign erected shall be no greater than six feet from the grade level and no portion of the sign should be greater than six feet. All foundations, bases, planters, roofing or similar parts associated with the sign will be utilized to compute sign height.
2.
General Regulations for Signs in Residential Districts. Subject to the general sign regulations of Section 3, and ordinances regulating structural and safety features, accessory non-illuminated signs (as approved by the administrator) are permitted as follows:
a.
Address signs (no permit required).
b.
Security and Warning Signs (no permit required).
c.
Temporary and Seasonal Produce Stand Signs (permit required).
d.
For single family, townhouse, and multi-family developments, one ground mounted sign, limited in area to 24 square feet and not to exceed six feet in height for identification of a subdivision. For single-family developments, one sign per primary entrance, not to exceed two signs, is allowed (permit required).
e.
A sign or bulletin board limited in area to 20 square feet, and six feet in height for identification of permitted public, semi-public, or recreational uses (no permit required).
f.
For churches or synagogues, one sign including a non-illuminated message board, with a maximum of 16 square feet, and a maximum height of 6 feet. Churches with multiple frontages may erect one sign on each frontage, not to exceed two signs total (maximum 48 square feet) (permit required).
g.
Temporary Construction signs not to exceed 24 square feet and a maximum height of 6 feet (permit required).
h.
Temporary Subdivision signs not to exceed 24 square feet and a maximum height of 6 feet (permit required).
i.
One non-illuminated sign per residential lot, not to exceed four square feet, or four feet in height. This includes real estate signs, but not home occupations signs (no permit required).
j.
One home occupation sign shall be permitted to be attached to the primary structure upon approval of both a zoning location permit for the home occupation and a sign permit. No home occupation sign may be larger than four (4) square feet in size, nor shall it be illuminated in any manner.
3.
General Regulations for Commercial and Industrial Districts.
a.
Types of signs permitted: Wall, freestanding, projecting, awning, canopy, or marquee.
b.
Number of signs permitted for individual business on a single zoning lot: Two (2) signs per business; no two signs may be of the same sign type. Individual businesses on a single zoning lot with frontage on more than one public right-of-way may have one additional sign which meets all requirements of this section, not to exceed three. (Except for shopping centers, or multiple business see Section 4).
c.
Signs facing residential districts: Any sign erected within 100 feet of a residential zoning district may be illuminated as long as it is fully shielded and downward directed and is limited to sixteen (16) square feet in area.
d.
Minimum setback of free-standing signs: Free-standing signs shall be located no closer than ten (10) feet to the edge of any public right-of-way, service drive, or entrance.
e.
Maximum Height of Monument Signs: Maximum height of monument style signs shall be six (6) feet.
f.
Minimum frontage required for Free-standing signs: Free-standing signs shall be permitted only on zoning lots with 100 feet or more of street frontage.
g.
Spacing of Free-standing signs: No monument sign shall be erected within 100 feet of another freestanding sign.
h.
Installation of Wall signs: All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
i.
Installation of Projecting Signs: Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
j.
Maximum size of signs:
i.
Wall or Marquee Sign: One square foot per linear foot of building frontage on which the sign or signs are to be attached, up to a maximum aggregate of 60 square feet.
ii.
Monument Sign: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of 24 square feet.
iii.
Awning or Canopy Sign: One square foot per linear foot of the awning or canopy, up to 8 square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to twelve square feet.
k.
Sign Illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
4.
Signs for Multiple Businesses on a Single Lot. Multiple businesses located on a single zoning lot:
a.
Types of signs permitted. Wall, freestanding, projecting, awning, canopy or marquee.
b.
Maximum number of signs permitted per zoning lot. One free-standing sign per lot frontage. For developments with frontage on more than one right-of-way, one free-standing sign per right-of-way not to exceed two is permitted. One other sign (wall, projecting, awning, or canopy) per individual establishment.
c.
Master Sign Plan. Multiple businesses on a single zoning lot, i.e. shopping centers, office parks, industrial parks and other similar uses must submit a master sign plan to ensure that all signs are harmonious with regard to color, size, lettering, and composition. The master sign plan shall be submitted in conjunction with a site plan or subdivision application for approval by the Town Council upon recommendation by the Planning Commission.
Minimum regulations shall be as follows:
i.
Signs facing residential districts. Any sign erected within 100 feet of a residential zoning district shall be non-illuminated and limited to sixteen square feet in area.
ii.
Minimum setback of Monument Style signs. Monument style signs shall be located no closer than ten feet to any public right-of-way, service drive, or entrance.
iii.
Maximum Height of Freestanding signs. Maximum height of monument style signs shall be 6 feet.
iv.
Minimum frontage required for freestanding signs. Freestanding signs shall be permitted only on zoning lots with 100 feet or more street frontage.
v.
Spacing of monument signs: No monument sign shall be erected within 100 feet of another freestanding sign.
vi.
Installation of Wall signs: All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
vii.
Installation of Projecting Signs: Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
viii.
Internal Directional and Directory Signs: These signs must be included as part of the master sign plan however, internal directional and directory signs will not be included in the calculation of overall sign area for multiple businesses on a single zoning lot.
d.
Maximum size of signs.
i.
Wall or marquee signs: One square foot of sign per one linear foot of unit frontage with a maximum square footage not to exceed 30 square feet per individual business.
ii.
Monument signs: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of twenty-four (24) square feet. Monument signs shall include only the name of the overall project, they shall not include a directory of the occupants.
iii.
Awning or canopy signs: One square foot per linear foot of the awning or canopy, up to eight (8) square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to twelve square feet.
e.
Sign Illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
5.
Signs for Commercial or Industrial adjacent to a Residential Lot.
a.
Types of signs permitted. Wall, freestanding, projecting, awning, canopy or marquee.
b.
Maximum number of signs permitted per lot. Two (2) signs per business; no two signs may be of the same sign type. Individual businesses on a single zoning lot with frontage on more than one public right-of-way may have one additional sign which meets all requirements of this section, not to exceed three.
c.
Signs facing residential districts. Any sign erected on a property adjacent to a residential zoning district may be externally illuminated as long as it is fully shielded and downward directed and is limited to sixteen (16) square feet in area.
d.
Minimum setback of freestanding signs. Freestanding signs shall be located no closer than five (5) feet from the edge of any public right-of-way, service drive or entrance.
e.
Minimum frontage required for freestanding or monument signs. Freestanding or monument signs shall be permitted only on lots with 100 feet or more street frontage.
f.
Spacing of Freestanding or Monument Signs. No freestanding or monument sign shall be erected within 100 feet of another freestanding sign.
g.
Installation of Wall signs. All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 12 inches.
h.
Installation of Projecting Signs. Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than eight (8) feet from the sidewalk grade.
i.
Maximum size of signs.
i.
Wall or marquee signs: One half (frax;1;2>) square foot of sign per one linear foot of unit frontage with a maximum square footage not to exceed 30 square feet per individual business.
ii.
Monument signs: One square foot per five linear feet of lot frontage on which the sign is to be located, up to a maximum size of twenty-four (24) square feet. Monument signs shall include only the name of the overall project, they shall not include a directory of the occupants.
iii.
Awning or canopy signs: One square foot per linear foot of the awning or canopy, up to eight (8) square feet. No awning or canopy sign shall extend above the top of the awning or canopy.
iv.
Projecting sign: One half (frax;1;2>) square foot per linear foot of building frontage on which the sign is to be attached, up to eight (8) square feet.
j.
Sign illumination. Signs may be externally or internally illuminated, as permitted by this article, provided that any external illumination is fully shielded and directed at the sign and not in a manner that might cause a traffic hazard. When a permit is required, the applicant shall be required to show both the location and method of illumination of the sign along with any lumen information required by the administrator. No light from any illuminated sign shall cause direct glare onto any adjacent property, right-of-way, or building other than the building to which the sign applies to.
1.12.
Administration.
1.
Application for a Permit. A permit shall be received from the Town of Hamilton before erecting, placing, rebuilding, reconstructing, or moving any sign. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his authorized agent, or a contractor licensed by the Town of Hamilton. Each application shall be made in writing on forms furnished by the Planning Department and signed by the applicant.
2.
Fees. Each application for a sign permit or for approval of a master sign plan shall be accompanied by the applicable fees, which shall be established by the Town Council from time to time by ordinance.
3.
Plans, Specifications, and other Data.
a.
The application for a sign permit shall be accompanied by the following information:
i.
The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.
ii.
The location, by street address, of the proposed sign structure.
b.
In addition, drawings or plans with the following information shall also be submitted:
i.
Type of sign(s) and general description of structural design and construction of materials to be used.
ii.
The dimensions of the sign(s).
iii.
For free-standing signs, the position of the sign(s) in relation to adjacent lot lines, buildings, sidewalks, streets, intersections and service drives.
iv.
For all other signs, the position relative to the structure on which it shall be placed, frontage of the building or individual unit.
v.
Purpose of the proposed sign(s).
vi.
Drawings of the proposed sign which shall contain specifications indicating the height, perimeter and area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign.
vii.
Any other information requested by the Zoning Administrator in order to carry out the purpose and intent of these regulations.
4.
Construction and Maintenance Standards.
a.
Building Code Compliance. All signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code.
b.
Condition of Signs. All signs and components shall be maintained in good repair and in a safe, clean and attractive condition.
c.
Repair or Removal of Nuisance Signs. Any sign that is declared to be an immediate or imminent hazard to life or property may be caused to be immediately removed or repaired. All costs associated with the removal or repair shall be charged to the owner of the premises.
d.
Removal of Obsolete Signs. Any sign that is obsolete because of discontinuance of the advertised activity, or any other reason that would cause the sign to be obsolete shall be removed within 30 days at the direction of the administrator or other Town agent. All costs associated with the removal shall be charged to the owner of the premises.
5.
Action. Within thirty days of the submission of a complete application for a sign permit, the Zoning Administrator shall either:
a.
Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Ordinance; or
b.
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of this Ordinance. In case of a rejection, the Zoning Administrator shall specify in the rejection the section or sections of this Ordinance or applicable plan with which the sign(s) is inconsistent. Appeals to the administrator's decision must be filed with the Board of Zoning Appeals within 30 days of the decision. (Article 11 of this Ordinance).
6.
Recording of Sign Permits. The Zoning Administrator shall maintain a record of all sign permits issued. All sign permits shall be numbered in the order of their issuance.
7.
Inspections. A final inspection shall be completed after installation of approved signs. Any discrepancies between the approved sign and the sign as constructed shall be identified and may result in the halt of construction or sign removal, if so ordered by the Zoning Administrator.
8.
Expiration of Sign Permits, Signs not Constructed. A sign permit shall expire and become null and void if the approved sign is not erected within a period of twelve months from the date the permit was originally issued. The Zoning Administrator may grant one extension of the sign permit for a period of six months, but in no case shall a permit be valid for more than a total of eighteen months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.
1.13.
Temporary Sign Permit Applications. All signs requiring the issuance of a temporary sign permit, as established in Article 7, Section 1.8, shall submit all information requested by the Zoning Administrator prior to the issuance of such permit. The approved permit shall include the expiration date of the temporary permit. The applicant may request extensions of said permit for good cause (not to exceed two extensions). Temporary signs remaining after the expiration of the permit shall be considered an obsolete sign.
1.14.
Removal of Illegal Signs. The Zoning Administrator may remove or order the removal of any illegal sign at the expense of the property owner by any lawful means.