The public has a legitimate interest and concern in the construction, maintenance, and regulation of outdoor advertising within the city. While Heflin acknowledges the legitimate public need for business visibility, local businesses must also recognize the legitimate public need for a beautiful and uncluttered community. Heflin has determined that it is desirable to prescribe the manner of sign construction and to compel the use of safe materials; limit the number, type, surface area, height, and location of signs; and requiring maintenance of signs in order to protect and promote the public health, safety, and welfare of the community. Further, these sign regulations are intended to lessen hazards to pedestrian and vehicular traffic; preserve property values; prevent unsightly and detrimental development which has a blighting influence upon the community; and, in general, preserve the character and aesthetic quality of the various zones within the city.

Sign terms defined. The following sign terms, when used in this appendix, shall have the meanings defined by this section.

§7.01.01

Advertiser. Any person, corporation, or other entity that seeks to convey a visual or audio message to the public.

§7.01.02

Animated sign. Any sign which all or any part thereof visibly moves, imitates movement, or changes appearance in any fashion whatsoever.

§7.01.03

Balloon sign. Any device which is inflated by gas or air and intended to serve as a sign or to direct attention to a specific property or location.

§7.01.04

Banner. A temporary sign intended to be hung either with or without a frame or suspended from wires, cables, or rope. Banners generally possess letters, characters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banners shall include pennants, but shall not include official flags of a government entity or political subdivision.

§7.01.05

Beacon or searchlight. Any light with one or more beams (including laser beams), which may be stationary, moving, or rotating, directed into the atmosphere or directed at one or more points not on the same property as the light source.

§7.01.06

Building nameplate. A small memorial plaque, usually composed of metal or wood, affixed flush to an exterior wall near the main entrance of a building and bearing the name of the building or occupant, the date of construction, and/or the persons, entities, or corporations that financed its construction.

§7.01.07

Billboard. Any sign owned by a person, corporation, or other entity that is erected for the purpose of selling, leasing, or donating the display space on that sign to an advertiser.

§7.01.08

Canopy. Any permanent roof-like structure projecting from the wall surface of a building or structure, generally located at or below the roof line and designed to provide shelter from the elements. A canopy shall include all structures commonly known as awnings and marquees.

§7.01.09

Canopy sign. Any sign attached to or made part of the front, top, or side of a canopy.

§7.01.10

Copy. The permanent or removable wording and/or graphics placed upon, painted upon, or bonded to the display surface of a sign.

§7.01.11

Erect a sign. To build, construct, attach, hang, place, suspend, paint, or affix a sign.

§7.01.12

Exempt sign. A sign made exempt from a sign permit, in accordance with subparagraph §7.02.01 (signs exempt from sign permits) of this section.

§7.01.13

Face. That portion of a sign upon which the copy is placed, attached, bonded, or painted.

§7.01.14

Flashing sign. Any lighted sign or sign containing a reflective surface which changes color, twinkles, or flashes regularly or intermittently. Flashing signs may include signs displaying the current time and temperature or traffic control signs.

§7.01.15

Freestanding sign. Any permanent sign that is either mounted independently upon the ground or supported by one or more columns or poles, and independent of support from any other building or structure on the site. Freestanding signs shall include, but shall not be limited to, all signs commonly known as ground signs, pole signs, pylon signs, A-frame signs, sandwich signs, and billboards.

§7.01.16

Hanging sign. Any sign which is attached to and projects down or dangles from a roof, canopy, or projecting brace that is attached to the face of an exterior building wall.

§7.01.17

Historic marker. A sign prepared in accordance with National Trust for Historic Preservation guidelines and approved by the city council which identifies an historic landmark or district on the property. Such sign may contain a narrative describing the historic significance of the landmark or district.

§7.01.18

Number of signs. For the purpose of determining the number of signs, each sign shall be considered a single display surface or display device containing elements organized, related, and composed to form a unit. Where copy is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. A multi-sided sign shall be considered one sign.

§7.01.19

Permanent sign. A sign intend for displayed for an unidentified period of time. Any sign, other than a temporary sign, designed with a permanent display face. If a sign face is permanent but the copy displayed is subject to periodic changes, that sign shall still be regarded as permanent.

§7.01.20

Portable sign. Any sign that is not attached to a stationary object or structure that has a footing or that is not implanted beneath the surface of the soil. Such signs are commonly mounted on wheels or a frame that rests upon the ground. Portable signs shall include vehicles or portions of vehicles upon which signs or sign copy have been affixed that are permanently parked or displayed in one or more locations to serve exclusively as a business advertisement.

§7.01.21

Projecting sign. Any sign containing not more than two faces, that is affixed directly to the exterior wall of a building or structure or to a solid brace or frame that is attached to the exterior wall of a building or structure in such a manner that the sign face extends outward from the wall surface.

§7.01.22

Roof sign. Any sign that is mounted upon, affixed to, or painted upon the roof of a building or structure or that extends above the building or structure roof line.

§7.01.23

Sign. Any identification, structure, illustration, or device, illuminated or non-illuminated, that is visible to the general public and directs attention to a product, message, service, place, activity, person, institution, business, or solicitation. A sign may include any emblem, painting, flag, statue, banner, pennant, balloon, or placard designed to advertise, identify, or convey information to the public.

§7.01.24

Sign area. That gross area, in square feet, of the advertising copy surface of a sign, as delineated by one continuous perimeter line, enclosing the extreme limits of the writing, representation, or other display. Where a sign contains multiple faces, only one face of the sign shall be used in computing the sign area.

§7.01.25

Sign structure. Any construction used or designed to support a sign.

§7.01.26

Snipe sign. A sign of any material that is attached in any way to a utility pole, tree, fence, rock, or other similar object located on public or private property.

§7.01.27

Temporary sign. Any sign fabricated of paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed for a limited duration. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

§7.01.28

Traffic control sign. A sign or electronic device, such as a traffic signal or signs denoting stop, danger, handicap parking, one-way traffic, no parking, fire lane, etcetera, for the purpose of directing or regulating the movement of traffic and/or pedestrians.

§7.01.29

Wall sign. Any sign displaying only one face that is mounted flat upon, affixed flat to, or painted upon an exterior wall surface of a building or structure and is located entirely below the roof line.

§7.01.30

Window sign. A sign placed inside or upon a building or structure window and intended to be seen from the exterior of the building or structure.

A.

Except where this chapter explicitly exempts a sign, all signs erected shall require a sign permit issued by the enforcement officer. In addition, whether a sign is exempt or not, city building and electrical codes may require additional permits. A sign permit shall not be required for routine maintenance or painting of a permitted or pre-existing, nonconforming sign, provided that such maintenance or painting activities do not alter the original size of the sign or result in any increase in the existing sign area or height of the sign.

B.

Each application for a permanent sign permit shall include the following items:

1.

Name, signature, and address of the property owner, authorized agent of the property owner, if any, and sign contractor.

2.

Address of the property where the sign is to be erected.

3.

Lot area, zoning, and principal land use(s) on the subject lot.

4.

A complete description of the sign(s) to be erected, including, but not limited to number, type, freestanding or attached, method of illumination, on or off-premises display, and setbacks.

5.

A dimensioned sketch of the sign and a plot plan showing the location of each sign on the lot.

6.

Other details sufficient for the enforcement officer to determine compliance with the requirements of this chapter.

7.

The required application fee.

C.

A $15.00 fee shall accompany each application for a sign permit. For new construction any sign shown on the proposed building or site no permit fee is required.

D.

The enforcement officer shall inspect each sign authorized by permit to determine compliance with the permit application.

§7.02.01

Signs exempt from sign permits. The following signs are exempt from required sign permits and all associated fees, and are permitted in accordance with the standards contained within this section and any other applicable provisions of these regulations. Exempt signs are permitted in any district if related to a permitted activity on a lot.

A.

Historic markers. Where approved by the city council.

B.

Traffic control signs. Such sign may include legal notices required by law; warning signs and no trespassing signs; identification, informational, or directional signs erected by any governmental agency or public utility.

C.

Directional signs. Such sign may indicate direction, off-street parking, control of vehicular or pedestrian traffic; restroom identification and direction; drive-thru window direction; telephone identification; and similar directional information. Such signs shall not exceed four square feet in total sign area.

D.

Flags. Any official flag of a government entity or banners of a religious, charitable or fraternal organization.

E.

Artistic displays. Such display may include decorative or architectural features of a building; public art works or displays; and similar artistic displays.

F.

Real estate or rental signs. Each property may have up to one non-illuminated real estate or rental sign, in compliance with the following requirements:

1.

The maximum sign area shall not exceed six square feet for signs in a residential zone or 12 square feet for signs in a non-residential zoning district.

2.

Multiple listing strips, sale pending, and sold signs shall be allowed when attached to the real estate sign, as long as the combined sign area does not exceed the maximum allowed in subparagraph §7.02.01(1) above.

3.

One on-premise 'open house' or 'open for inspection' sign, not exceeding eight square feet in sign area, may be allowed per property. Similar off-premise signs for directional purposes shall be allowed within the public right-of-way at subdivision entrances, inter sections or on other private properties with the consent of the property owner. These signs must be removed when the premises are no longer open for inspection.

4.

Real estate signs shall be removed when ownership or occupancy of the property changes and the property is no longer listed for sale or rent.

G.

Construction site identification sign. Each construction site shall be allowed to erect two non-illuminated, temporary construction sign. Said sign shall be freestanding and the sign area shall not exceed 20 square feet within any residential zone or 32 square feet within any non-residential zoning district. Construction signs must be set back at least ten feet from all property lines. The sign may include the names of the persons and firms performing services or labor, financing or supplying materials for the construction project. Temporary con struction signs for residential developments shall be allowed to remain erect until the total resi dential lots have been sold or until a permanent identification sign has been erected whichever occurs first.

H.

Window signs. Properties not located within a residential zoning district (R-1, R-2, R-3 and MHP) may display window signs

I.

Political signs. Temporary political signs advertising campaigns of candidates for political offices or advertising, proposing, opposing, or relating views or positions upon a political question appearing or to appear upon an official election ballot may be erected in connection with political campaigns. No political signs shall be allowed within or upon a public right-of-way. The total sign area for any political sign shall not exceed 32 square feet. Political signs shall not be erected more than 90 days prior to the date of any election, whether general or special. Such signs must be removed within 15 days after the date of the election or run-off election has occurred.

J.

Garage or yard sale sign. A temporary sign advertising the sale of personal property on a lot may be erected on the lot where the sale is to take place. Such signs shall be displayed only on three days immediately prior to and during which day the sale is conducted.

K.

Special event sign and decorations. A temporary sign indicating a special event such as a grand opening, traveling public exhibits, fair, carnival, circus, festival, personal announcements of births, marriages, birthdays, or similar events may be erected on the lot where the event is to take place, provided that such signs do not exceed the maximum applicable height and surface area requirements for the type of sign used and the sign is installed not more than 30 days prior to the event and removed not more than ten days after the event has occurred.

L.

Farm information sign. Such sign may include farm logos or product information affixed to vehicles, equipment, buildings, silos, and tanks, and similar non-freestanding agricultural displays.

M.

Vehicle sIGNS. Such sign may depict identifying name, business, product, service, logo, and similar information painted or otherwise affixed to a registered vehicle that is in operating condition and is used regularly for business transportation.

N.

Building nameplates. Not more than one nameplate per non-residential building, which shall not exceed four square feet in total sign area.

O.

Legal notices and official instruments. Legal notices and instruments required by a government or public regulatory entity to be posted or displayed shall be exempt from all aspects of these regulations.

P.

Residential family name and/or house number signs. A sign of less than two square feet in area located on a parcel of property used for residential purposes, if that sign announces the name of the occupants or the street number of the property only.

§7.02.02

Sign prohibitions. Except where qualified below, the following signs are specifically prohibited throughout the city:

A.

Any sign or advertising structure which, by reason of location, position, shape, or color, interferes with, obstructs the view of, resembles, or can be confused with an authorized traffic control sign, signal, or device, or which incorporates the words "stop," "look," "danger," "turn back," detour or any other word, phrase, or symbol or character that would interfere with, mislead, or confuse motorists.

B.

Any sign incorporating any noisy mechanical device (whistles, horns, sirens, or any other noisy audible devices) or emitting smoke or steam.

C.

Any sign of any type or support thereof placed, extending, or projecting into or upon a public right-of-way, except as expressly authorized.

D.

Any sign located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private drives.

E.

Any sign with illegal, obscene, or prurient words, scenes, or graphics.

F.

Any sign that blocks another sign, fire escape, door, window, parking or loading aisle or space.

G.

Any sign that is damaged or not in a structurally safe condition and good state of repair.

§7.02.03

Treatment of abandoned signs and signs advertising abandoned uses, products, or services.

A.

Any sign copy or billboard copy identifying or announcing a use or business activity that has been abandoned, closed, or relocated, or which advertises a product, service, or entertainment the production, sale, or provision of which has been discontinued or canceled, shall be removed within six calendar months of the date of abandonment or discontinuance.

B.

If a sign face is left blank for a continuous period of 120 days, that sign shall be considered abandoned, and within 30 days after abandonment the owner of the property where the sign is located shall cause the sign to be removed or replace the sign face or copy with an appropriate display or advertisement.

§7.02.04

Nonconforming signs.

A.

Grandfather status. Any permanent sign legally existing on or before the date of adoption of these regulations, or any future amendment thereto, that does not conform with the requirements of these regulations may be continued and maintained.

B.

Alterations. A nonconforming sign shall not be rebuilt, expanded, or altered in a way that would increase the degree of nonconformity as it existed at the time the grandfather status was conferred. This requirement shall not be interpreted so as to prohibit proper maintenance of a nonconforming sign or changes to the copy of the sign that do not increase the existing degree of nonconformity.

C.

Expiration. A nonconforming sign shall not be rebuilt or re-established after its use has been discontinued for a period of one calendar year, unless approved by the city council.

D.

Damage repair. A nonconforming sign shall not be reconstructed or repaired to a noncon forming status if it has sustained damage exceeding 75 percent of the current replacement cost of the sign immediately prior to damage, unless approved by the city council.

A.

Canopy signs. In permitted zoning districts, canopy signs shall be allowed on the vertical faces of any canopy, awning, or marquee that is located directly above a building entranceway. The sign face or copy of any canopy sign is not allowed to extend beyond the edges of the vertical face of a canopy, awning, or marquee. In addition, the following absolute dimensional requirements shall apply.

1.

Maximum sign area per single canopy face: 20 square feet.

2.

Total cumulative sign area for all sign faces on an individual canopy, awning, or marquee: 48 square feet.

3.

Maximum sign face or copy height: four feet.

4.

Maximum sign face or copy width: eight feet.

B.

Freestanding signs. In zoning districts where freestanding signs are permitted, each lot may have not more than one freestanding sign as an accessory structure to a principal use structure on the property. Freestanding signs shall be securely fastened to the ground or to some other metallic or concrete supportive structure so that there is no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. The planning commission may approve one additional freestanding sign for any existing lot that is accessed by more than one collector or arterial street on opposing sides of the property. Furthermore, if a development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public streets, then two freestanding sign are permitted along each side of the development site bordered by such streets. Freestanding signs shall be located as close a possible to the main traffic access to the property, but shall not be located closer than four feet to the right-of-way of a public street nor closer than ten feet to any property boundary. In addition, no freestanding sign shall be located less than 50 feet from another freestanding sign on the same side of the street or less than 100 feet from another freestanding sign on the same property. All freestanding signs shall comply with the following dimensional requirements.

1.

Maximum sign area:

a.

Thirty-two square feet for buildings containing less than 2,500 square feet of gross floor area;

b.

Forty-eight square feet for buildings containing at least 2,500, but less than 15,000 square feet of gross floor area; and

c.

Eighty square feet for all buildings containing at least 15,000 square feet of gross floor area. However, the city council may increase the maximum sign area to a total sign area of not more than 160 square feet for a freestanding sign that will serve all businesses in a shopping plaza or office park containing not less than three businesses.

2.

Maximum sign height, including the supporting structure and sign face: 14 feet along a street in a residential zoning district (R-1, R-2, R-3, and MHP), 25 feet in all other districts. However, the city council may increase the maximum height of a freestanding sign to ensure sign visibility from an adjoining public street, where the elevation of the street exceeds the elevation of the property by more than five feet at the point where the freestanding sign will be erected. In no instance shall the increased height allow the top of the freestanding sign face or copy to extend more than 20 feet above the nearest surface elevation of the paved street.

3.

Maximum sign face or copy height: 12 feet.

4.

Maximum sign face or copy width: 12 feet.

C.

Hanging and projecting signs. In zoning districts where hanging and/or projecting signs are allowed, each building may have not more than five hanging or projecting sign per building wall that has an exterior entrance. Hanging or projecting signs may not extend into a public right-of-way, and shall not extend any closer than two feet to the inside face of a street curb or the outer edge of the paved travel lane of a street, whichever is applicable. Hanging or projecting signs shall be located as close as possible to said exterior building entrance in accor dance with the following requirements:

1.

Maximum sign area: 16 square feet.

D.

Wall signs. In zoning districts where wall signs are allowed, no portion of a wall sign shall extend above the building roof line or beyond the edges of the wall. In addition, no portion of a wall sign shall obscure any portion of an entranceway to any building. Each wall sign shall be affixed flush to the wall, and shall not project more than four inches away from the wall surface, exclusive of any approved lighting fixtures. The following dimensional requirements also shall apply to all permitted wall signs:

1.

Maximum sign area of any individual wall sign: 32 square feet.

2.

Maximum cumulative sign area of all wall signs on a single building: 128 square feet, or not more than 60 percent of the surface area of an affected wall.

3.

Maximum sign face or copy height and width: six feet.

Within agricultural and residential zoning districts (R-1, R-2, R-3 and MHP) the only signs allowed are those classified as exempt from these regulations under subparagraph 7.04 of this section and residential subdivision entrance signs in accordance with the following requirements:

A.

Permanent freestanding ground signs to residential subdivision developments may be erected at principal entrances to the project. One sign shall be permitted at each principal entrance to the development.

B.

Entrance signs shall not exceed 32 square feet in sign area and five feet in height as measured from the base of the sign.

C.

Entrance signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is no danger that either the sign or the supportive structure may be accidentally toppled or moved by the wind or other forces of nature and cause injury to persons or property.

D.

Development entranceways, and, specifically, the area adjoining the entrance sign, should be appropriately landscaped and maintained to provide an attractive and inviting entrance to the subdivision.

All signs that are exempt from these regulations shall be permitted in any non-residential zoning district in accordance with the conditions specified in subparagraph 7.04 of this section. In addition, owners of land within a non-residential zoning district may erect any sign identified in subparagraph 7.08 of this section in accordance with all dimensional requirements prescribed therein. However, in no instance shall the cumulative total sign area for all signs permitted under subparagraph 7.08 of this section that are erected on a single lot exceed the limits specified below for the applicable non-residential zoning district. Where a lot is divided by two or more non-residential zoning districts, the cumulative total sign area limitation of the less restrictive zoning district shall apply to the entire non-residentially zoned area of the subject lot.

1.

NB - Neighborhood business district. Fifty square feet of cumulative total sign area.

2.

GB - General business district. Two hundred square feet of cumulative total sign area.

3.

CBD - Central business district. Eighty square feet of cumulative total sign area.

4.

M - Industrial district. One hundred square feet of cumulative total sign area.

5.

PD - The total permitted cumulative sign area allowed shall be determined by the underlying zoning district requirements.

No permanent or temporary sign exceeding four square feet in area shall be permitted within the clear sight triangle of an intersection, as defined in article III, section 3.11, traffic visibility at Intersections, or within 16 feet from the front lot line. This limitation may be waived if such sign does not obstruct visibility between a height of 36 inches and eight feet above the nearest street grade level or otherwise does not interfere with traffic visibility for entrance onto and exit from the lot and adjacent lots and the visibility of traffic flow through nearby intersections, as determined by the enforcement officer. In any event, no sign, regardless of size, height, or design shall extend into any right-of-way, except as expressly authorized.

A.

All signs shall conform with applicable city building codes, which provide a comprehensive set of construction standards for signs. These specifications include wind loads, vibration resistance, seismic loads, acceptable supports, allowable stresses, materials, and electrical wiring.

B.

All signs and all components thereof, including structural supports, shall be kept in a state of good repair.

C.

The area surrounding the base of any freestanding sign shall be kept clear of all debris and undergrowth.

D.

For the purpose of increasing or enhancing the visibility of any sign, vegetation may be trimmed, cut or removed within any right-of-way except only by express written authorization is obtained from the agency having jurisdiction over the right-of-way.