The intent of this article shall be to provide regulations that allow for the clear identification of business uses and which afford the ability to market land, while protecting the health, safety and welfare of the public, scenic views and preserve the quality of the neighborhood. These regulations are intended to ensure that signs are not overwhelming and do not create a nuisance, distraction or impediment to travelers or adjacent landowners by their brightness, size or height or create a hazard due to collapse, fire, collision, decay or abandonment.

(Ord. 10-08 §2, 2010)

Any sign not expressly permitted under this article shall be prohibited. The following are exempt from this article:

(1)

Signs not exceeding three (3) square feet in area that are customarily associated with residential uses such as property identification names and numbers; signs on mailboxes or newspaper tubes; and signs posted on private property warning the public against trespassing or danger from animals;

(2)

Signs required or specifically authorized for a public purpose by any law, statute, or ordinance, which may be of any type, number, area, height above grade, location, illumination or animation authorized by the law, statute or ordinance under which the signs are erected;

(3)

Official signs erected by state or local governments or their contractors or public utility companies to facilitate the construction, maintenance or operation of transportation facilities or to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices;

(4)

Architectural features of buildings or works of art, if such features or works of art do not contain letters, trademarks, moving parts or lights, and do not display a commercial message;

(5)

Any traffic control sign, such as "STOP" or "YIELD," located on public or private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message;

(6)

Name plate signs of not more than two (2) square feet in area which are fastened directly to a building and do not project from the face of the building;

(7)

National holiday and community special event decorations that do not display a commercial message;

(8)

Signs on athletic fields and scoreboards intended for viewing on the property upon which the scoreboard is located;

(9)

Signs located inside buildings which are not placed there for the purpose of being visible to and read from the outside of the building and which are not legible from a distance of more than three (3) feet beyond the building in which such sign is located; and

(10)

Instructional signs on town property erected by the town.

(Ord. 10-08 §2, 2010)

The following words and phrases, whenever used in this article, shall have the following meanings:

Abandoned sign means any sign, together with its supporting structure, which, ten (10) days or more after the property have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the property upon which such sign is located; excluding permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business.

Building sign means a sign attached to any part of a building, including wall, awning, canopy, and projecting signs.

Change in use orbusiness means a change in the type or nature of a business and not a change ownership.

Commercial means predominately related to economic interests or commerce, or a transaction for a particular product or service or a group of products or services for profit.

Freestanding sign means a sign, not attached to any building or structure, supported by one or more upright poles, columns or braces placed in or on the ground.

Illumination means lighting by means of a direct or indirect light source, including neon tubing, which is effectively visible as a part of the sign.

Instructional sign means a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers or users as to matters of public safety or necessity such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization or private industry that is intended to control traffic; direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.

Name plate sign means a building sign not exceeding two (2) square feet indicating the street number, the name of the person, business, profession or activity occupying the lot, building or part thereof; or other information pertaining to the use on the lot.

National holiday means any of the following days:

a.

New Years Day;

b.

Martin Luther King's Birthday;

c.

Presidents' Day;

d.

Memorial Day;

e.

Independence Day;

f.

Labor Day;

g.

Veterans' Day;

h.

Thanksgiving Day; and

i.

Christmas Day.

Portable sign means a sign that is not permanently attached to the ground or other permanent structure, or a sign designed to be transported on wheels, skids, a bench, runners or brackets, or has a frame to which wheels, skids, runners, brackets or similar mechanical devices can be attached to or support the sign, including inflatable devices and vehicle signs, and also including a sign displaying a commercial message held by, attached to or affixed on an individual who is exhibiting such sign for the predominant purpose of conveying the commercial message on such sign.

Sign means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, product, place, activity, person, institution, organization or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device, designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction or advertisement.

Temporary sign means a sign, banner or similar device or display that is intended for a temporary period of display. A temporary sign does not include a sign display area that is permanent but the message displayed is subject to periodic changes.

Vehicle sign means a sign displayed on a motor vehicle, including trucks, buses or other motor vehicles such as moving vans, delivery trucks, rental trucks, and the like, and trailers whether or not attached to a motor vehicle, but not including motor vehicles or trailers used for commercial transit and licensed by the Public Utilities Commission of the State such as taxies and buses. Examples of vehicle signs are signs indicating the name of the owner or located on moving vans, delivery trucks, rental trucks, trailers and the like.

(Ord. 10-08 §2, 2010)

(a)

All signs located in the municipal boundaries of the town shall be required to comply with all applicable requirements for zoning districts in which the sign permit is issued, unless otherwise provided for in this section.

(b)

Signs within a PD district shall be governed by this section, except when a separate development guide has been approved by ordinance by the town council which incorporates separate guidelines for signage.

(c)

Signs may be erected in a public right-of-way only by the public agency which has control over the right-of-way, and shall be exempt from the provisions herein.

(d)

Signs and sign structures shall be maintained at all times in a state of good repair, and free from deterioration, insect infestation, rot, rust or loosening.

(e)

Signs shall be constructed such that they are able to withstand the maximum wind pressure for the area in which they are located. The town or its designee shall have the authority to order the repair, alteration or removal of a sign or structure which constitutes a hazard to life or property.

(f)

In the event that such a sign has not been removed, altered or repaired within thirty (30) days after written notification from the town, the town shall have the authority to remove said sign or structure at the expense of the owner of the premises on which the sign is located.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

A sign permit shall be required from the town for all signs exceeding six (6) square feet in area. In addition, a sign permit shall be required at any time the sign area is increased.

(b)

All requests for signage shall be accompanied by a drawing, fully dimensioned, showing the sign message and site plan showing the location, setback, height and sign area of all proposed and existing signage.

(c)

A sign permit fee shall be established by the town council by resolution.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

The following setbacks shall be required:

(1)

The minimum setback for a sign adjacent to a federal, state or major county arterial highway shall be a minimum of seventy-five (75) feet from the lot line adjacent to the highway right-of-way. This distance may be reduced to the zoning district street setback when adequate right-of-way has been dedicated to the state, county or town, as applicable, for future road widening.

(2)

Where this requirement conflicts with a setback otherwise required in a zoning district, the larger setback shall be required.

(3)

Temporary "for sale/rent/lease" signs not exceeding six (6) square feet in size, shall not be required to meet the minimum setback; however, such signs shall not impair visibility for traffic movement.

(4)

Under no circumstances shall signs be located within a utility easement or within public right-of-way or closer than ten (10) feet from the lot line. Signs within the sight distance area, as determined by the town or its designee at intersections of roads and driveways shall be reviewed and accepted by the town prior to issuance of a permit.

(5)

Signs fifteen (15) feet or greater in height shall be set back in accordance with the application setback of the zoning district in which the sign is located, or as required in paragraph (1) above. However, signs less than fifteen (15) feet high may be located within the setback as provided for in section 16-118, Figure A.

(Ord. 10-08 §2, 2010)

(a)

Sign height. Except as provided below, signs are restricted to a maximum height of fifteen (15) feet unless otherwise provided for in an approved site plan in the town. A variance to the maximum height of a sign may also be requested from the board of adjustment, in accordance with section 16-31 of this chapter.

(b)

Sign height measurement.

(1)

Freestanding sign: Height shall be the distance from the top of the sign structure to the top of curb or crown of roadway where no curb exists. The height of any monument base or other structure erected to support or ornament the sign shall be measured as part of the sign height.

(2)

Wall-mounted or fascia-mounted signs: Height shall be the distance from the top of the sign structure to the top of curb or crown of road where no curb exists.

(Ord. 10-08 §2, 2010; Ord. 15-03, §2, 2015)

The following signs shall be prohibited in all districts.

(1)

Portable signs, except as expressly permitted in section 16-120.

(2)

Revolving beacons, flashing signs or signs with any type of animation or intermittent lighting effects.

(3)

Any sign emitting sound.

(4)

Signs in the public right-of-way or on public property, including political signs.

(5)

Signs located so as to conflict with the clear and obvious appearance of public devices controlling public traffic.

(6)

Flags, banners or other devices designed or allowed to wave, flap or rotate with the wind, except for flags displaying a noncommercial message; or any

(7)

Roof-mounted signs, or signs which project above the highest point of the roofline or fascia of the building.

(8)

Signs attached to a building which project perpendicularly a distance of more than eighteen (18) inches from the building.

(9)

Signs attached parallel to the wall of the building but mounted more than eighteen (18) inches from the wall.

(10)

Signs announcing a proposed development or proposed zoning prior to approval by the town council.

(11)

Signs identifying a home occupation.

(12)

Signs located on median islands.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

The following signs shall be permitted in the residential and agricultural districts:

(1)

One (1) sign per dwelling, not exceeding three (3) square feet.

(2)

For vacant land, one (1) temporary, nonilluminated sign identifying vacant land not exceeding one hundred (100) square feet in total surface area. The total surface area of any one (1) side shall not exceed fifty (50) square feet.

(3)

For dwellings under construction, one (1) temporary sign, per street frontage not exceeding forty-eight (48) square feet. Signs shall be removed within two (2) years or when the last dwelling is sold, whichever occurs first.

(4)

For model homes, one (1) sign per model home, not exceeding sixteen (16) square feet.

(5)

For residential subdivisions, one (1) sign per subdivision entrance, not exceeding forty-eight (48) square feet, a maximum of six (6) feet in height.

(6)

For multi-family complexes, one (1) sign per driveway access from the public street, not exceeding forty-eight (48) square feet, a maximum of six (6) feet in height; and one (1) building sign, not exceeding thirty-two (32) square feet per street frontage.

(b)

In the A-1 district only, on conforming lots:

(1)

One (1) nonilluminated, sign per street frontage, not exceeding fifty (50) square feet. Such sign may be increased at the rate of five (5) square feet of sign area for each additional fifty (50) acres of land, to a maximum of one hundred (100) square feet.

Figure A

(Ord. 10-08 §2, 2010)

________________________________________________

The following signs shall be allowed in business/commercial/industrial districts:

(1)

One (1) temporary sign per street frontage, not exceeding one hundred (100) square feet per sign face (maximum of two [2] faces are permitted per sign). Such sign shall not count as part of the total sign area allowed per individual use, or per shopping center or business/commercial/industrial park.

(2)

One (1) sign not exceeding a total sign area of fifty (50) square feet per building face. However, the total sign area may be increased to a maximum of one hundred (100) square feet per building face, at the rate of one (1) square foot of sign area per lineal foot of allowable building frontage in excess of fifty (50) lineal feet.

(3)

Lease areas greater than one hundred thousand (100,000) square feet shall be permitted a maximum of two hundred (200) square feet of building sign area, for identification, per building face.

(4)

One (1) freestanding/monument identification sign per individual use, shopping center or business/commercial/industrial park, not exceeding two hundred (200) square feet at the rate of one (1) square foot of sign area per three (3) lineal feet of street frontage.

(5)

One (1) additional sign, within a center/park per entrance, not exceeding seventy-five percent (75%) of the area of the identification sign for the center/park as allowed herein.

(6)

Up to four (4) instructional signs, not exceeding eighteen (18) square feet per sign, per individual use or per shopping center or business/commercial/ industrial park.

(7)

Temporary signs, in an amount not twenty-five percent (25%) of the total allowable signage as set forth in this section, provided, however, that the allotment of square footage for temporary signs shall be in addition to the allotment of other signage allowed in this section.

Figure B

(Ord. 10-08 §2, 2010)

________________________________________________

(a)

Vehicle signs on vehicles being operated in the normal course of business shall be allowed without a permit and without reference to the regulations set forth in this article, subject to the following limitations:

(1)

The vehicle shall have any required state licenses, license plates and inspection stickers, and must be operable.

(2)

The vehicle shall be regularly operated, which means that the vehicle must leave the property on a regular basis for a business purpose, and shall not be parked in excess of twelve (12) continuous hours at a business location. This paragraph shall not be construed to apply to a vehicle used on a regular basis for a business purpose that is taken home during nonbusiness hours and parked or stored on a private residential lot during nonbusiness hours.

(3)

The primary purpose of such vehicle shall not be for the display of signs. In determining whether the primary purpose of such vehicles is for the display of signs, the town shall consider the following criteria:

a.

Whether the vehicle is regularly operated as set forth in paragraph (a)(2) above.

b.

The location of the vehicle when it is parked on or near the property of the business for which the sign is provided. The purpose of this subparagraph shall be to prevent the vehicle from being displayed on or near a major street or public right-of-way, unless no other alternative parking area is available.

c.

Whether the vehicle is parked in a location that is not on or near the property of the business for which the sign is provided. The purpose of this subparagraph shall be to prevent the vehicle from being displayed on or near a major street or public right-of-way without a valid business purpose, such as deliveries or repair work.

(b)

Vehicle signs shall be magnetic, have vinyl graphics or be painted directly on the vehicle.

(Ord. 10-08 §2, 2010)

The area of a sign shall be measured as follows:

(1)

Sign area will include the areas of all permitted signs.

(2)

A sign having more than one (1) component; e.g., a service station identification/price sign combination on a monument base, mounted on the same surface, the sign area will be the area of the smallest rectangle that encompasses the several components of the sign.

(3)

Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, shall be measured as the area contained within the outside dimensions of the background panel or surface.

(4)

Sign copy mounted as individual letters and/or graphics against a wall or fascia of a building or other structure that has not been painted, textured or otherwise altered to provide a distinctive background for the sign by the smallest single rectangle that will enclose all sign copy.

(5)

Sign copy mounted or painted on an illuminated surface or illuminated architectural element of a building, shall be measured as the entire illuminated surface or illuminated architectural element which contains sign copy.

(6)

Where there are a number of sign faces:

a.

One (1) - area of the single face only.

b.

Two (2) - if the interior angle between the two (2) faces is forty-five (45) degrees or less, the area will be the area of one (1) face only; if the angle between the two (2) sign faces is greater than forty-five (45) degrees, the sign area will be the sum of the areas of the two (2) faces.

c.

Three (3) or more sides - the sign area will be the sum of the areas of each of the faces.

d.

Spherical, free-form, sculptural, other non-planar signs - Sign area will be the sum of the areas using only the four (4) vertical sides of the smallest cube that will encompass the sign.

(7)

The structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign.

(8)

The area of a sign with backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the area in each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign, including all frames, backing, face plates, nonstructural trim or other component parts not otherwise used for support.

(9)

The area of a sign without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), emblems or figures of small character, including all frames, face plates, nonstructural trim or other component parts not otherwise used for support.

(10)

The area of a sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles, portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations:

a.

The display surface or face of the sign, including all frames, backing, face plates, nonstructural trim; or

b.

Other component parts not otherwise used.

(Ord. 10-08 §2, 2010)

Whenever one (1) of the following conditions occurs, a sign which is nonconforming to the regulations of this section shall be brought into conformance or shall terminate:

(1)

Whenever there is a change in the business or use to which the sign pertains.

(2)

Whenever there is a replacement of the reader panels.

(3)

Whenever there is a request made for a permit to change the sign.

(4)

If any such sign or nonconforming portion thereof is destroyed by any means to an extent of more than fifty percent (50%) of its appraised value for tax purposes at the time of the destruction, it shall not be reconstructed except in conformity with the applicable provisions of this chapter.

(5)

Whenever the location of the sign is moved or altered.

(Ord. 10-08 §2, 2010)