The purposes of the town comprehensive sign ordinance are to:

A.

Encourage the effective use of signs as a means of communication in the town;

B.

Maintain and enhance the aesthetic environment and the town's ability to attract sources of economic growth and development;

C.

Improve pedestrian and traffic safety;

D.

Minimize the possible adverse effect of signs on nearby public and private property; and

E.

Enable the fair and consistent enforcement of reasonable sign restrictions.

(Ord. No. 2015-06-16, 6-16-2015)

A.

A sign may be erected, placed, established, painted, created, or maintained in the town only in conformance with the standards, procedures, exemptions, and other requirements of this chapter.

B.

The effect of this chapter as more specifically set forth herein is to:

1.

Establish a permit system to allow a variety of sign types in commercial and industrial zoning districts, and a limited variety of sign types in other zoning districts, subject to the standards and the permit procedures contained in this chapter;

2.

Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

3.

Provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

4.

Prohibit all signs not expressly permitted by this chapter; and

5.

Provide for the enforcement of the provisions of this chapter.

(Ord. No. 2015-06-16, 6-16-2015)

Words and phrases used in this chapter shall have the meaning as set forth in this section. Words and phrases not defined in this section, but otherwise defined in this title, shall be given that meaning. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

A.

Animated sign. Any sign that uses movement or a change of lighting to depict action or create a special effect or scene.

B.

Banner. The term "banners" shall encompass and govern all signs, balloons, flags, etc. which are non-conforming with any other definition in the ordinance.

C.

Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel as the light source; also, any light with one or more beams that rotate or move.

D.

Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

E.

Building sign. Any sign attached to any part of a building, as contrasted with a free standing sign.

F.

Canopy sign. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee shall not be deemed to be a canopy.

G.

Commercial message. Any sign wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial enterprise or activity.

H.

Commissioner. The building commissioner of the town, or the designee thereof.

I.

Director. The director of public works of the town, or the designee thereof.

J.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government, political subdivisions, or other entity.

K.

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or other structure.

L.

Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the property within the zoning district in which it is located, such as: "entrance," "exit," "no parking," "loading zone," "telephone," "drive-thru," or other similar directives. No sign with a commercial message sign legible from a position off the lot on which the sign is located shall be considered incidental.

M.

Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.

N.

Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to prove protection from the weather.

O.

Pennant. Any lightweight, plastic, fabric, or other material, whether or not containing a message of any kind, suspended by a rope, wire, or string, usually in a series, designed to move in the wind.

P.

Person. Any association, company, corporation, firm, or partnership, singular or plural, of any kind.

Q.

Political sign. Any sign which espouses or endorses any political candidate, party or cause.

R.

Portable signs. A portable sign shall be defined as a sign which exceeds two feet by two feet in size, is not designed to be permanently affixed to any structure, and is designed to be readily movable.

S.

Principal building. The building in which is conducted the principal use of the lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

T.

Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

U.

Residential sign. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this title.

V.

Roof sign. Any sign erected or constructed wholly on or over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

W.

Roof sign, integral. Any sign erected or constructed as an integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

X.

Setback. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

Y.

Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information to any kind to the public.

Z.

Street. A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails or other thoroughfares.

AA.

Street frontage. The distance for which a lot line adjoins a public street, from one line intersecting said street to the furthest distance lot line intersecting the same street.

BB.

Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

CC.

Temporary sign. A temporary sign, as opposed to a portable sign, is defined as an exterior sign not affixed to any structure, attached only to the earth and designed to be easily removed.

DD.

Wall sign. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

EE.

Window sign. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

FF.

Zone lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that provide such yards and other open spaces as required by the zoning regulations.

(Ord. No. 2015-06-16, 6-16-2015)

The following principles shall control the computation of sign area and sign height:

A.

Computations of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest area that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

B.

Computations of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

C.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to being, mounding, or [(2)] excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure of the zone lot, whichever is lower.

D.

Computation of maximum total permitted sign area and number, dimension and location for zone lot. The permitted sum of the area of all individual signs on a zone lot and numbers, dimensions and location shall be computed by applying the formula contained in the following tables:

Maximum total sign area and number, dimension and location, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

(Ord. No. 2015-06-16, 6-16-2015)

A.

Signs shall be allowed on private property within the town only in accordance with this ordinance.

(Ord. No. 2015-06-16, 6-16-2015)

A.

If a sign requiring a permit under this chapter is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to construction, placement, erection, or modification of such sign in accordance with the requirements of section 13 of this chapter; and the property owner shall maintain in force, at all times, a sign permit for such sign in accordance with section 14 of this chapter. No signs shall be erected on the public right-of-way except in accordance with section 9 of this chapter and the permit requirements of this chapter.

B.

No sign permits of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this chapter.

(Ord. No. 2015-06-16, 6-16-2015)

All signs shall be designed, constructed, and maintained in accordance with the following standards:

A.

All signs shall comply with the applicable provisions of the Uniform Building and Electrical Codes at all times;

B.

Except for banners, flags, temporary signs, and window signs conforming with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure; and

C.

All signs shall be maintained in good and neat condition, in compliance with all building and electrical codes, and in conformance with this chapter, at all times. If a sign is advertising an event the sign must be taken down not more than three days after the event has occurred.

(Ord. No. 2015-06-16, 6-16-2015)

No signs shall be allowed in the public right-of-way, except for the following:

A.

Permanent signs. Permanent signs, including:

1.

Public signs erected by or on behalf of a governmental entity to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

2.

Informational signs of a public utility regarding its poles, lines, pipes, or facilities;

3.

Awning, projecting, and suspended signs projecting over a public right-of-way in conformity with the requirements of this ordinance.

B.

Emergency signs. Emergency warning signs erected by a government entity, a public utility, or a contractor doing authorized or permitted work within the public right-of-way.

C.

Other signs forfeited. Any sign installed or placed on public property not in conformance with the requirements of this section, shall be forfeited to the public and subject to removal and confiscation. In addition, to other remedies hereunder, the town shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign(s).

(Ord. No. 2015-06-16, 6-16-2015)

The following signs shall be exempt from regulation under this chapter:

A.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation statute or ordinance;

B.

Any sign inside a building, not attached to a window or door, that is not legible form a distance of more than three feet beyond the lot line of the zone lot or parcel on which sign is locate;

C.

Works of art that do not include a commercial message;

D.

Holiday lights and decorations with no commercial message, but only between November 15 and January 15; and

E.

Traffic control signs on private property, such as STOP, YIELD, and similar signs, the face of which meet the state department of transportation standards and which contain no commercial message of any sort.

F.

Political signs, for which a sign removal bond has been posted, from not more than 30 days prior to an election to not more than five days following the election.

(Ord. No. 2015-06-16, 6-16-2015)

All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with section 9 of this chapter are prohibited in the town. Such signs include, but are not limited to: beacons, pennants, strings of lights not permanently mounted to a rigid background, except those exempt under section 10 of this chapter, and inflatable signs and tethered balloons.

(Ord. No. 2015-06-16, 6-16-2015)

The following procedures shall govern the application for, and issuance of, all sign permits under this chapter, and the submission and review of common and master signage plans.

A.

Applications. All applications for sign permits of any kind of a plan shall be submitted to the commissioner on an application form or in accordance with application specifications published by the building department.

B.

Fees. Each fee for a sign permit shall be established by the town council by ordinance, upon recommendation of the plan commission.

C.

Completeness. Within five days of receiving an application for a sign permit, the commissioner shall review the application for completeness. If the commissioner finds that it is complete in accordance with this chapter, the application shall be processed. If the commissioner finds that it is incomplete, the commissioner shall, within such five-day period, send to the applicant a notice of the specific manner(s) in which the application is deficient, with appropriate references to the applicable sections of this chapter.

D.

Action. Within seven days of the submission of a complete application for a sign permit, the commissioner shall either:

1.

Issue the permit, if the sign(s) that are the subject of the application conform in every respect with the requirements of this chapter; or

2.

Deny the application for permit if the sign(s) that are subject of the application, fail in any way to conform with the requirements of this chapter. In the event of such denial, the commissioner shall specify the section or sections of this chapter or the applicable plan with which the application does not comply; or

3.

Refer the application for permit for review by the town technical advisory committee.

(Ord. No. 2015-06-16, 6-16-2015)

Signs subject to this ordinance shall be erected, installed or created only in accordance with a duly issued and valid sign construction permit from the building commissioner. Such permits shall be issued only in accordance with the following requirements and procedures:

1.

Permit for new sign and sign modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained in a master signage plan or common signage plan then in effect for the zone lot. One application and permit may include multiple signs on the same zone lot.

2.

Inspections. The commissioner shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after issuance of such permit, or at such earlier date as the owner may request. If the construction is not substantially complete and in full compliance with this chapter and the permit, the commissioners, shall affix to the premises a red tag violation notice identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this chapter and the permit, the commissioner shall give the owner and applicant notice of the deficiencies and shall allow 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the commissioner shall affix to the premises the permanent symbol described above

(Ord. No. 2015-06-16, 6-16-2015)

1)

Temporary signs on private property shall be allowed without the issuance of a temporary sign permit, and shall be subject to the following requirements:

A)

Distinguished from a portable sign.

B)

Temporary sign may not exceed two feet by two feet.

C)

Temporary signs shall be defined as an exterior sign not fixed to any structure, attached only to the earth and designed to be easily removed.

D)

Every parcel of property in residentially zoned areas shall be permitted not more than one temporary sign at any given time.

E)

If the temporary sign is for an event, the sign must be removed within two days following the event.

F)

No fee or permit is required for a temporary sign.

2)

Portable signs:

A)

A portable sign shall be defined as a sign which exceeds two feet by two feet in size, is not designed to be permanently affixed to any structure, and is designed to be readily movable.

B)

Portable signs may be displayed on any commercial area for special events for a period not to exceed 30 days in any 60 day period.

C)

No more than one portable sign may be displayed on any one parcel of property at any time.

D)

A Permit shall be required for all portable signs, but no fee shall be required.

E)

Provided that there is an existing primary sign advertising a business located on an Industrial parcel, a properly maintained portable sign may be displayed permanently in industrial zoned areas with a permit and upon payment of a fee pursuant to Section 2-2-13-12.

F)

Portable signs are not permitted in residential areas for more than two four-day periods per calendar year.

3)

Banners:

A)

The term "banners" shall encompass and govern all signs, balloons, flags, etc. which are non-conforming with any other definition in the ordinance.

B)

All sections in this ordinance apply to all zoning districts, unless otherwise stated.

C)

Commercial zoned areas:

Banners: Any one banner of not more than 40 square feet may be displayed for a maximum of 60 days per calendar year.

Residential zoned areas: One banner may be displayed for a maximum often ten days per calendar year.

D)

Industrial zoned areas:

Banners: There is no limit on number of days per calendar year in which a banner may be displayed.

E)

No more than one banner may be displayed on any one parcel of property at any time, except in industrial zoned areas. A parcel in an industrial zoned area where no single family residence is located may display up to two banners at any one time.

4)

Lighted/moving portable signs:

A)

Lighted/moving portable signs are permitted under the same conditions as portable signs above, provided that they don't constitute a hazardous or nuisance condition or violate any town lighting ordinance. Lighted signs in residential districts may not be illuminated between 9:00 p.m. and 7:00 a.m. local time.

(Ord. No. 2015-06-16, 6-16-2015)

Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided in sections 2-2-10-15 and 2-2-10-16.

A.

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

B.

To install, create, erect, or maintain any sign requiring a permit without such a permit;

C.

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

D.

To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed; or

E.

To continue any such violation.

Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.

(Ord. No. 2015-06-16, 6-16-2015)

Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto, may be restrained, corrected, or abated as the case may be, by injunction or other appropriate proceedings pursuant to statute. A violation of this chapter shall be considered a violation of the building and zoning ordinances of the town. The remedies of the town shall include:

A.

Issuing a stop-work order for any and all work on any signs on the same zone lot;

B.

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

C.

Imposing any penalties that can be imposed directly by the town under title 2;

D.

Filing a cause of action against the person or persons responsible for the violations in a court of law for equitable or legal relief, or both;

E.

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the town under the applicable provisions of the building code and the zoning ordinance.

The town shall have such other remedies as may from time to time be provided for or allowed by ordinance or statute. All such remedies may be cumulative. To the extent that any particular remedy set forth herein shall be limited or deemed to be unavailable for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(Ord. No. 2015-06-16, 6-16-2015)

1)

Rules which will apply to all signs, regardless of type:

A)

All signs on commercial/industrial property must be professionally made/printed (1.e. no hand-painted signs).

B)

All signs must be maintained in good condition. This includes, but is not limited to, no fraying, tears, holes, sun bleaching, water damage, dirt, paint, and so on. Solid signs must be maintained in a level condition.

C)

All signs must be solidly affixed in a way that does not allow for "flapping" or movement, unless the sign is specifically designed to move (such as a flag or banner).

D)

All portable signs with changeable copy shall not be missing letters, wheels, be rusting or having non-function lights.

E)

No sign may obstruct pedestrian or vehicle view of any walkway, motor way, parking lots, alleyways, driveways, etc.

F)

No signs may be placed on state or town property or easements without a permit.

2)

Penalties:

A)

Any non-conforming sign (applies to all signs) shall be red tagged. Red-tagged signs must be corrected or removed within seven calendar days to be corrected or removed. On the 8th day, the owner of the property shall be assessed a fine of $25.00 per day until the sign is fixed or removed.

(Ord. No. 2015-06-16, 6-16-2015)

(Ord. No. 2015-06-16, 6-16-2015; Ord. No. 2023-08-15-1, § 1, 8-15-2023)