SIGNS
The purpose of this article is to regulate all exterior signs and interior signs positioned for exterior observance, so as to protect property values and the visual character of city development and the public health, safety and welfare. Signs are deemed to be an accessory and incidental use to the land or building which they identify or advertise for a use thereon, and it is intended that such signs will be appropriate and adequate, but not excessive, in performing their identification or advertising function.
(Code 1981, app. A, art. XIII, § 1; Code 1998, § 114-561)
(a)
Fees and permits. Fees shall be charged for sign permits and for annual inspections. A permit for a sign shall become null and void if the sign is not installed within six months. In the lower righthand corner of a sign shall appear the permit identification number and date installed, the name of the person or owner responsible for such sign and any other appropriate information.
(b)
Removal or repair of signs. Any sign which is erected not in conformance with this chapter or any sign which because of improper maintenance or disrepair becomes nonconforming or unsafe shall be removed or repaired pursuant to the provisions of the building code, and all amendments thereto, as incorporated by reference in section 22-96.
(c)
Building and electrical code compliance. Any sign authorized by this chapter shall meet city building and electrical codes.
(d)
Maintenance. Regular maintenance shall be performed to prevent deterioration. Signs not maintained in a state of good repair shall be removed at the property owner's expense within 30 days of notification. Any abandoned sign shall be removed within 30 days after notification by the city at the property owner's expense.
(Code 1981, app. A, art. XIII, § 10; Code 1998, § 114-562)
No sign, except as described in section 114-528, shall be erected, remodeled, relocated or expanded until an application, containing information as required, is made and a permit issued by the building official.
(Code 1981, app. A, art. XIII, § 2; Code 1998, § 114-563)
The following signs shall not require a sign permit and are allowed in all zoning districts:
(1)
Permanent signs. Signs which generally are permanent in nature as follows:
a.
Official signs. Signs of a constituted governmental body, including traffic signs and signals, historical markers, informational directions, official notices, governmental flags or emblems, property identification, recreational activity signs.
b.
Directional or location signs. Small signs, not exceeding two square feet in area, to identify underground public utilities, public telephones and restrooms, parking areas, freight entrances, etc., or to direct traffic movement onto a premises, within a premises or to indicate similar directional or location signs.
c.
Ownership. Name and address identification signs, not to exceed two square feet in area, for a property owner or occupant.
d.
Decorations. Seasonal displays not advertising a product, service or entertainment.
e.
Warning signs. Signs, no larger than four square feet in area, warning the public against hunting, fishing, trespassing, swimming, etc., or to advise of dangerous animals, hazardous wastes, unsafe conditions, etc., on the applicable property.
(2)
Temporary signs. Signs which shall exist for only limited time period as follows:
a.
Official notices and campaigns. Official notices of government, to be removed within ten calendar days of notice action date; and civic, philanthropic, educational or religious campaign signs, not to exceed three months duration.
b.
Real estate signs. One real estate sign on premises of property for sale, lease or rental, not to exceed six square feet in a residential district or 32 square feet in any other district. Such signs shall be removed within 14 calendar days of the sale, rental or lease of such premises.
c.
Construction signs. No more than three on-site signs identifying the owner, financiers, professional design firms and contractors associated with the construction and building or subdivision or identifying the development's character or purpose, but no product advertisement. Each permitted sign shall not exceed 32 square feet and shall be removed within 14 calendar days after construction completion and shall not be displayed longer than two years from the date erected.
d.
Business announcements. Temporary signs not exceeding 32 square feet, announcing going out of business, grand opening, under new management and similar announcements, shall be allowed two times per calendar year per proprietor, for a maximum of 15 days per event.
(Code 1981, app. A, art. XIII, § 3; Code 1998, § 114-564; Ord. No. 5497, § I, 2-6-2007)
Under this chapter, the following signs are prohibited:
(1)
Effect of other laws. Any sign prohibited by any other law or regulation or any level of government. When this chapter is in conflict with other local ordinances, regulations or laws, the more restrictive ordinance or law shall govern and shall be enforced by the appropriate agencies.
(2)
Portable signs. Portable or mobile signs, as defined in this chapter, shall be prohibited.
(3)
Roof mounted signs. Signs shall not be located upon the roof of any building.
(4)
Animated signs. A sign of which any part is in motion, flutters, or rotates is prohibited, except for the hands of a clock or a weather vane.
(5)
Temporary signs. Except as provided by this chapter, any sign, banner, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, shall be prohibited.
(6)
Other signs. Any sign not provided for in this chapter shall be prohibited.
(Code 1981, app. A, art. XIII, § 4; Code 1998, § 114-565)
The following shall apply in all zoning districts:
(1)
Operations. The changing of copy on an approved sign or marquee specifically designed for use of replaceable copy and the painting, repainting, cleaning and other normal maintenance, unless a structural change is made, shall not require a building permit.
(2)
Traffic hazards. Signs are prohibited which may interfere with, mislead or confuse traffic through use of improperly working graphics, location, size, shape or color and thereby interfere with traffic signals, control signs or other aspects of safe street driving conditions. No sign shall use the words "Stop," "Go," "Caution," "Yield," etc., when such would be confused with traffic signs or devices.
(3)
Obstruction. Any sign shall be prohibited which is considered a safety hazard due to obstruction of any window, door, fire escape ladder or opening intended for light or air or for ingress to or egress from any building.
(4)
Lighting. Neon-type signs are permitted only in B-2, B-3, and B-4P zones. Any sign or illumination shall be prohibited that causes direct glare upon an unrelated building, as determined by the zoning administrator. Signs indicating time, temperature, and barometric pressure shall be permitted if they do not interfere with public safety or create a traffic hazard.
(5)
Trees and poles. No sign shall be attached to a tree, and no sign shall be attached to a utility pole except for official governmental notices or warning signs.
(6)
Height clearance. All signs shall have a minimum clearance of nine feet above a walkway.
(7)
Setback. Unless otherwise restricted, no sign shall project beyond a property line, and no part of any sign shall be closer than five feet to any street right-of-way. Wall signs shall not project more than 12 inches from the face of the building.
(8)
Window signs. Signs placed in windows or glass walls shall not cover more than 25 percent of the glass area to which they are attached.
(9)
Marquees. Signs may be on the vertical face of a marquee, but shall not extend below the lower edge or the upper edge of the marquee or exceed seven feet in height. The bottom of a marquee sign shall be not less than ten feet above a walkway or grade at any point.
(10)
Projecting signs. No projecting sign shall be erected or maintained from the front of a building a distance of more than 36 inches.
(11)
Sign content. Signs that contain statements or words of an obscene, pornographic or immoral character; that contain advertising matter which is untruthful; or that emit audible sound, odor or visible matter are prohibited.
(12)
Devices. Any streamer, flag, air- or gas-filled device, searchlight or any other device whose purpose is to attract the attention of the public shall be allowed two times per calendar year per proprietor, for a maximum of 15 days per event, and such devices shall require a permit issued by the building official.
(Code 1981, app. A, art. XIII, § 5; Code 1998, § 114-566; Ord. No. 4714, § I, 11-16-1999; Ord. No. 6533, § II, 1-19-2016)
(a)
Any lawfully erected sign, the continuance of which does not conform to this chapter, may continue to be maintained exactly as it existed on June 16, 1981. No nonconforming sign shall:
(1)
Be changed to another nonconforming sign;
(2)
Have any changes made in the words or symbols used or the message displayed on the sign unless the sign is an off-premises advertising sign or a bulletin board or substantially similar type of sign, specifically designed for periodic change of message;
(3)
Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;
(4)
Be reestablished after the activity, business or usage to which it relates has been discontinued for 30 days or longer or shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the reproduction cost.
(b)
The board of zoning appeals may permit variances from subsection (a)(2) of this section or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for the granting of zoning variances or upon a finding that the grant of a variance will reduce the degree of nonconformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign more in keeping with the spirit, purpose and provisions of this chapter.
(Code 1981, app. A, art. XIII, § 6; Code 1998, § 114-567; Ord. No. 4319, § I, 12-17-1996)
Off-premises advertising signs advertise products or services for businesses or organizations not connected with the site at which they are located. The following shall govern the placement of all off-premises signs.
(1)
Zoning development plan approval. Signs shall require zoning development plan approval by the regional planning commission prior to issuance of a building permit.
(2)
Districts where permitted. Signs shall be permitted in:
a.
Highway Oriented Business Districts (B-3);
b.
Light Manufacturing Districts (M-1);
c.
Light Manufacturing Restricted Districts (M-1R); and
d.
General Manufacturing Districts adjacent to interstate highways (M-2).
(3)
Location. Signs shall only be permitted within 760 feet of an interstate highway as measured from the center of sign base to the interstate right-of-way line. No off-premises sign shall be located within a 2,640-foot radius of an interstate interchange as measured according to the state department of transportation definition of primary point of intersection.
(4)
Placement. Signs shall be the principal use of a lot and shall maintain a minimum 15-foot setback from all property lines measured from the sign area.
(5)
Height. Signs shall not exceed 15 feet in height above the average road level. The average road level shall be measured as a 1,320-foot radius from the center of the sign base and the average road level shall be determined from the interstate highway to which the sign is oriented.
(6)
Surfaces. Sign surfaces shall be one per side, and the maximum total surface area shall not exceed 100 square feet per side or 200 square feet for all sides.
(7)
Content. Signs shall only contain messages and inferences to lawful activities and shall not contain reflective materials on any portion of the sign face.
(8)
Relation to other districts. Signs shall be no closer than 500 feet to any residential district or 1,000 feet to any historical district or historical site listed in the National Register of Historic Sites and Places. Signs shall be prohibited within the Gateway District and within 1,000 feet of the city greenbelt as measured from the center of the sign base.
(9)
Distance from other signs. No off-premises advertising sign shall be permitted closer than 1,000 linear feet to any other off-premises advertising sign on the same side of the street or within 500 feet as measured in a radius as measured from the center of the sign base.
(10)
Conformance with other restrictions. Signs are subject to all rules and regulations of the state department of transportation and this Code. Conflicting regulations will result in a compliance with the most restrictive regulation.
(Code 1981, app. A, art. XIII, § 7; Code 1998, § 114-568; Ord. No. 4520, § 1, 5-5-1998)
The following shall govern the placement of all on-premises signs:
(1)
Agricultural District (A-1). No more than four signs shall be permitted, provided that:
a.
Signs are to identify a farm or advertise a product grown thereon;
b.
The surface area does not exceed 32 square feet;
c.
The height of a freestanding sign does not exceed five feet; and
d.
Signs shall be indirectly illuminated.
(2)
Single-Family Residential Districts (R-1A, R-1B and R-1C).
a.
Home occupations conducted in a dwelling are permitted one sign, provided:
1.
The area of one side of the sign does not exceed three square feet; and
2.
The sign shall not be illuminated by any means.
b.
Single-family residences are permitted one garage-sale-type sign, provided:
1.
The area of one side of the sign does not exceed three square feet;
2.
The sign shall not be illuminated by any means; and
3.
The sign shall be placed no more than two days prior to the day the sale is to take place.
c.
Single-family residential subdivisions are permitted one permanent identification sign at each major street access, provided:
1.
Such sign does not exceed 32 square feet per side with a maximum number of two sides;
2.
The height of the sign shall not exceed five feet;
3.
The sign shall be set back a minimum of 20 feet from any property line, except that a sign may be permitted in a grassed median provided the sign does not interfere with traffic; and
4.
The sign shall not be illuminated by any means.
(3)
Multifamily Residential Districts (R-2, R-3 and R-4).
a.
Signs are permitted the same as for single-family residential districts.
b.
Multifamily developments are permitted one permanent identification sign at each major street access, provided:
1.
Such sign does not exceed 32 square feet per side with a maximum number of two sides;
2.
The height of the sign shall not exceed 12 feet;
3.
The sign shall be set back a minimum of 20 feet from any property line, except that such sign may be permitted in a grassed median provided the sign does not interfere with traffic; and
4.
The sign shall be indirectly illuminated.
(4)
Residential districts which permit limited commercial uses (R-5 and PD).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Business establishments within a development are permitted one identification sign, provided:
1.
The sign area does not exceed three square feet per side;
2.
The sign is mounted on the face of the building; and
3.
The sign shall be indirectly illuminated.
(5)
Professional Office District (P-1).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Single-tenant businesses are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one-half square foot per linear foot of street frontage to a maximum of 32 square feet per side or 64 square feet total of all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the sign surface area;
3.
The sign shall be indirectly illuminated; and
4.
The height of the sign shall not exceed five feet.
c.
Multitenant centers are permitted one freestanding sign, provided:
1.
The area of the sign does not exceed one-half square foot per foot of linear street frontage to a maximum of 50 square feet per side or a total of 100 square feet for all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the sign surface area;
3.
The sign shall be indirectly illuminated; and
4.
The height of the sign shall not exceed 12 feet.
d.
Single-tenant businesses and multitenant centers are permitted a wall sign equivalent to one percent of the business's building ground coverage area up to 60 square feet total signage. A business having less than 2,000 square feet in area may utilize up to 20 square feet of signage. Signs shall be indirectly illuminated.
(6)
Neighborhood Business District (B-1).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Single-tenant businesses and multitenant centers are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one square foot per linear foot of street frontage to a maximum of 50 square feet per side or a total of 100 square feet for all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the surface area; and
3.
The height of the sign shall not exceed 12 feet.
c.
Single-tenant businesses and multitenant centers are permitted wall signs equivalent to one percent of the business's building ground coverage area up to 100 square feet total signage. Businesses having less than 6,000 square feet in area may utilize up to 60 square feet of signage.
(7)
Central Business District (B-2).
See section 114-194.
(8)
Highway Oriented Business District (B-3).
a.
Single-tenant business and multitenant centers are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one square foot per lineal foot of frontage for the first 100 feet of frontage;
2.
The maximum sign surface area shall be 100 square feet per side or 200 square feet total of all sides;
3.
A lot with a multiple-street frontage, including a corner lot, uses only one street frontage for computing the sign surface area; and
4.
The height of the sign shall not exceed 30 feet above the ground.
b.
Single-tenant businesses and multitenant centers are permitted wall signs equivalent to one percent of the business's building ground coverage area up to 300 square feet of total signage. Businesses having less than 8,000 square feet of area may utilize up to 80 square feet of signage.
(9)
Planned Shopping Center District (B-4P).
a.
All signs within the B-4P district shall be reviewed by the director of planning or designee as part of the site plan approval process.
b.
Freestanding signs are permitted at major access points provided:
1.
There are no more than two signs per center with a minimum separation of 250 feet from one sign's side to the other sign's side;
2.
One square foot of sign area per one linear foot of road frontage, up to 200 square feet of sign area per side, with a maximum of 400 square feet of total sign area for all sides;
3.
Lots with multiple street frontages, including corner lots, use street frontage on which sign is mounted in computing sign area; and
4.
Maximum height of freestanding sign shall be 35 feet.
c.
If the building ground coverage of a business is 30,000 square feet or more, the maximum wall sign area permitted is 300 square feet. If the building ground coverage of a business is 8,000 square feet or less, the maximum wall sign area permitted is 80 square feet. In all other situations, the area of wall signs shall not exceed one percent of the building ground coverage of a business.
(10)
Light Manufacturing Restricted District (M-1R).
a.
Single-tenant businesses are permitted freestanding signs, provided:
1.
The sign surface area does not exceed 32 square feet per side or a total of 64 square feet for all sides;
2.
For a lot with a multiple-street frontage, a total of two signs are permitted;
3.
The height shall not exceed five feet above the ground; and
4.
The signs shall be indirectly illuminated.
b.
The area of wall signs shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
c.
Industrial parks shall be permitted signage as for single-tenant businesses and, in addition, master identification signs, provided:
1.
Only one such sign is located at each major access point;
2.
Such sign shall not exceed 50 square feet per side or a maximum of 100 square feet total of all sides;
3.
The maximum height of such signs shall be 20 feet; and
4.
Signs shall be indirectly illuminated.
(11)
Light Manufacturing District (M-1) and General Manufacturing District (M-2).
a.
M-1 and M-2 districts shall be permitted one freestanding sign for each street frontage, and at each major access point, and in an industrial park for each building located therein provided:
1.
The individual sign surface shall not exceed one square foot of sign area per one linear foot of road frontage, up to 200 square feet of sign area per side, with a maximum of 400 square feet total sign area for all sides;
2.
Maximum height shall be 35 feet.
b.
The area of wall signs in a M-1 and M-2 districts shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
(12)
Historic Districts (H-1, H-2). Within historic districts no sign shall be erected, altered, restored or moved within the district until a certificate of appropriateness as to the exterior architectural features has been approved by the historic zoning commission.
(13)
Tourist Accommodation/Commerce District TA/C.
Signage within the TA/C district as a whole shall be designed as a complete comprehensive program to tie all elements together by common infrastructure, thematic landscaping, architectural building design and colors. Those areas zoned TA/C may be located in the Gateway Overlay District and additional requirements may be required.
a.
A complete sign package is required within the TA/C district and shall be reviewed by the planning commission as part of the zoning development plan approval process.
b.
Types of signage allowed in the TA/C district shall be as follows:
1.
Interstate identity.
i.
Interstate high-rise.
2.
Street-level identity.
i.
Main entry.
3.
Site wayfinding.
i.
Directory and directional.
4.
Single tenant and multitenant identity.
i.
Monument signs.
5.
Tenant identity.
i.
Wall signs.
ii.
Canopy/under canopy/awning-mounted.
6.
Menu boards.
i.
Menu boards for drive-thru restaurants.
7.
Gasoline price.
c.
A sign location plan indicating the location and type of each sign to be utilized at a particular location shall be required as part of the submittal process.
d.
Interstate identity sign.
1.
One interstate identity sign shall be allowed for the TA/C district when adjoining an interstate highway. Should the TA/C zone abut an additional interstate highway, an additional interstate identity sign may be allowed. When the district adjoins the intersection of two separate Interstate systems, an additional interstate identity sign shall be allowed at this intersection as long as it meets the minimum spacing requirement.
2.
Minimum spacing for interstate identity signs shall be no less than 1500 feet and no more than three interstate identity signs shall be allowed.
3.
An interstate identity sign shall be allowed a maximum of 700 square feet of sign area per side, with a maximum number of two sides. The sign must be oriented to the interstate and no portion of the sign my overhang any property line or the interstate right-of-way. The location of the sign must be designated on the preliminary plat. Sign copy shall not exceed 50 percent of the total square footage of the sign area. Maximum height for the interstate identity sign shall not exceed 75 feet from grade to the top of the sign.
4.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
5.
When electronic message boards are used as interstate identity signs, section 114-571(4-11) shall apply as follows:
a.
Only one freestanding electronic message board to convey information by words, letters or still pictures shall be permitted for each development, provided that at least one parcel within the development has a minimum frontage of 150 feet and the electronic message board sign is mounted along the parcel front.
b.
The electronic message board must be a part of the primary freestanding sign and must not exceed fifty percent of the total sign square footage permitted in the underlying zoning district.
c.
The maximum height of the sign is as permitted in the zoning district.
d.
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1000 nits after sunset and before sunrise.
e.
Electronic message boards shall not interfere with traffic signal devices as determined by the city traffic engineer.
f.
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
g.
Scrolling or flashing text shall be prohibited.
h.
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
i.
Electronic message boards shall not be allowed in any historic district as designated by the City of Kingsport.
e.
Street-level identity sign.
1.
A major multi-tenant development may use a street-level monument sign at the entrance to through roads to identify the name of the development and anchor tenants. One sign is allowed per intersection.
2.
No electronic message boards will be allowed on this sign.
3.
One sign is allowed at the entrance of each through road to assist in directing individuals to a destination.
4.
Maximum square footage for the sign face shall be 160 with the maximum height of the monument sign being ten feet as measured from grade to top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
5.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
f.
Site wayfinding sign.
1.
Both multitenant and singletenant developments may locate on a wayfinding sign. Wayfinding signs are to be placed along internal roads and driveways to assist individuals to a destination.
2.
Wayfinding signs are to be monument style signs and no electronic message boards shall be allowed on this sign.
3.
One sign is allowed at the entrance of each ingress/egress driveway off an internal roadway.
4.
One sign is allowed along an internal roadway with a minimum spacing of 1000 feet. Should an ingress/egress driveway coincide with the spacing requirement for an internal roadway, only one sign will be allowed at that location
5.
Maximum square footage for the sign face shall be 40 with the maximum height of the monument sign being eight feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
6.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
g.
Single-tenant and Multitenant identity—Freestanding.
Multitenant Identity—Freestanding.
1.
Multitenant developments shall be allowed one freestanding monument sign to identify tenants.
2.
Maximum square footage for a multi-tenant development monument sign is 80 square feet with a maximum height of ten feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
3.
No electronic message boards shall be allowed on this sign.
4.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
Single-tenant Identity—Freestanding.
1.
Single-tenant businesses that are located on the same parcel and have not been subdivided are allowed placement on this monument sign.
2.
Single-tenant businesses that are located on an out-parcel are allowed one freestanding monument sign on their lot.
3.
No electronic message boards shall be allowed on this sign.
4.
Maximum square footage for a single-tenant business monument sign is 60 square feet with the maximum height of the monument sign being eight (8) feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
5.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
h.
Tenant identity—Single tenant/multitenant—Wall.
1.
Single-tenant identity sign.
a.
The single-tenant business having more than 2,000 square feet in area may utilize the equivalent to one percent of the business's building ground coverage area up to 60 square feet of total signage for the building.
b.
A single business having less than 2,000 square feet in building coverage may utilize up to 30 square feet of signage.
c.
Use of a canopy or awning with text sign shall constitute a wall sign.
d.
Wall signs with the exception of a canopy or awning shall consist of backlit reverse channel letters. No can signs are allowed.
e.
Logo's that are trademarked or copyrighted shall be counted toward the square footage total.
f.
Under-canopy signs shall not exceed three square feet in area and shall be mounted to the canopy ceiling perpendicular to the business public entrance. Minimum clearance from the base of the sign to grade shall be eight feet.
g.
Under canopy signs shall not be illuminated.
h.
If a building rear faces an interstate, it may utilize that wall space as long as the total signage does not exceed the maximum allowed.
i.
A bonus of 40 square feet of wall signage will be given to a single-tenant if the free standing sign surface area does not exceed a maximum of 16 square feet per side or 32 square feet total of all sides and all other requirements are met.
2.
Multitenant identity sign—Wall.
a.
A multi-tenant business having more than 2,000 square feet in area may utilize the equivalent to one percent of the business's building ground coverage area up to 80 square feet of total signage for the businesses' building.
b.
Use of a canopy or awning with text sign shall constitute a wall sign.
c.
Wall signs with the exception of a canopy or awning shall consist of backlit reverse channel letters. No can signs are allowed.
d.
Logo's that are trademarked or copyrighted shall be counted toward the square footage total.
e.
Under-canopy signs shall not exceed three square feet in area and shall be mounted to the canopy ceiling perpendicular to the business public entrance. Minimum clearance from the base of the sign to grade shall be eight feet.
f.
Under canopy signs shall not be illuminated.
g.
If a building rear faces an interstate, it may utilize that space as long as the total signage does not exceed the maximum allowed.
h.
A bonus of 40 square feet of wall signage will be given to a multi-tenant center if the free standing sign surface area does not exceed a maximum of 25 square feet per side or 50 square feet total of all sides and all other requirements are met.
i.
Menu boards.
1.
One menu board is allowed for drive-through restaurants per drive-through lane and must be located adjacent to the drive-thru lane.
2.
Menu boards must be monument signs.
3.
Menu boards if illuminated must be backlit.
4.
Maximum Height shall be eight feet from grade to the top of the sign, inclusive of all appurtenances.
j.
Gasoline price.
1.
Gasoline price signs must be a part of the allowed monument freestanding sign.
2.
The square footage of the gasoline price sign will count toward the total square footage allowed on the monument sign.
3.
In no case shall the gasoline price sign exceed 50 percent of the total square footage allowed which is 64 square feet and sign copy shall not exceed 50 percent of the total square footage of the sign face.
4.
Maximum height shall be six feet from existing grade to the top of the sign, inclusive of all appurtenances and if illuminated, must be internally lit.
5.
In the case where a gas station partners with another establishment, the requirements for multitenant—Freestanding and multitenant wall signs shall apply.
(14)
Mixed-Use District (MX).
a.
Single tenant businesses are permitted freestanding signs, provided that:
1.
The sign surface area does not exceed 32 square feet per side or a total of 64 square feet for all sides;
2.
A lot with a multiple-street frontage is allowed a total of two signs;
3.
The height shall not exceed five feet above the ground; and
4.
Signs shall be indirectly illuminated.
b.
Each mixed-use park within the district shall be permitted master identification signs, provided:
1.
Only one such sign is located at each major access point;
2.
Such sign shall not exceed 50 square feet per side and a maximum of 100 square feet total of all sides;
3.
The maximum height of such signs shall be 20 feet; and
4.
Signs shall be indirectly illuminated.
c.
The area of wall signs shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
(15)
Central Business Edge District B-2E.
See B-2E (Central Business Edge District).
(Code 1981, app. A, art. XIII, § 8; Code 1998, § 114-569; Ord. No. 4470, § 1, 12-16-1997; Ord. No. 4714, §§ II, III, 11-16-1999; Ord. No. 5065, §§ I, II, 11-5-2002; Ord. No. 5497, § II, 2-6-2007; Ord. No. 6305, § I, 5-7-2013; Ord. No. 6385, § I, 4-1-2014; Ord. No. 6475, § II, 4-21-2015; Ord. No. 6545, § II, 2-16-2016)
The area of all signs permitted under this chapter shall be computed as follows:
(1)
The supports or uprights and covering thereon on which a sign is supported shall not be included in the display surface area of a sign.
(2)
Signs of the same shape and dimensions mounted or displayed back to back and parallel shall use only one such face in computing the total display surface area of the sign.
(3)
Sign surface area of wall signs consisting of individual letters, each attached directly to the wall facade, shall be measured by the smallest rectangle which encloses all the letters. The total area shall be the sum of each word, logo or emblem forming the display.
(4)
Sign surface area of a sign consisting of connected letters or letters enclosed by a box or an outline shall be the total area of the sign including the background, box or outline.
(5)
Height of signs, except off-premises signs, shall be measured from the finished grade at the base of the sign or curb level, whichever provides the least height.
(Code 1981, app. A, art. XIII, § 9; Code 1998, § 114-570; Ord. No. 4714, § II, 11-16-1999)
Except as otherwise provided in this section, electronic message boards are allowed only in the following zoning districts: M-1, Light Manufacturing District, M-1R, Light Manufacturing Restricted, District, M-2, General Manufacturing District, B-3, General Business District, BC, Business Conference Center District, B-4P, Planned Business District, and TA/C, Tourist Accommodation/Commerce District as follows:
(1)
Only one freestanding electronic message board to convey information by words, letters, or still pictures shall be permitted for each development, provided that at least one parcel within the development has a minimum frontage of 150 feet and the electronic message board sign is mounted along the parcel front.
(2)
The electronic message board must be a part of the primary freestanding sign and must not exceed 50 percent of the total sign square footage permitted in the underlying zoning district.
(3)
The maximum height of the sign is as permitted in the zoning district.
(4)
Electronic message boards located within a Conservation or Gateway District shall conform to the Design Guidelines for that district.
(5)
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1,000 Nits after sunset and before sunrise.
(6)
Electronic message board shall not interfere with traffic signal devices as determined by the city traffic engineer.
(7)
Electronic message boards shall not be used for off-premises advertising.
(8)
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
(9)
Scrolling or flashing text shall be prohibited.
(10)
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
(11)
Electronic message boards shall not be allowed in any historic district as designated by the city.
(Code 1998, § 114-571; Ord. No. 5065, § IV, 11-5-2002; Ord. No. 5097, § II, 4-1-2003; Ord. No. 5616, § II, 11-6-2007; Ord. No. 6475, § III, 4-21-2015; Ord. No. 6980, § I, 12-21-2021)
Electronic message board signs are allowed in any residential district for public schools and churches as follows:
(1)
Only one freestanding electronic message board to convey information by words, letters, or still pictures shall be permitted for each institution provided that at least one parcel within the development has a minimum road frontage of 150 feet located on a minor arterial or above as classified by the adopted Major Street and Road Plan and the electronic message board sign is located along that road.
(2)
The electronic message board must be a part of the primary freestanding sign with a maximum size of 50 square feet per side. The electronic message board portion of the freestanding sign must not exceed 50 percent of the total freestanding sign.
(3)
The maximum height of the sign is as permitted in the underlying zoning district.
(4)
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1,000 Nits after sunset and before sunrise.
(5)
Hours of operation for electronic message boards located within a residential zone are from sunrise to 10:00 p.m. and must be turned off completely by 10:00 p.m. each night.
(6)
Electronic message boards shall not interfere with traffic signal devices as determined by the city traffic engineer.
(7)
Electronic message boards shall not be used for off-premises advertising.
(8)
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
(9)
Scrolling or flashing text shall be prohibited.
(10)
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
(11)
Electronic message boards shall not be allowed in any historic district as designated by the city.
(Ord. No. 6360, § I, 11-19-2013)
Decorative Lighting is only allowed in the following zoning districts: B-2, Central Business District, B-3, Highway Oriented Business District, and B-4P, Planned Business District. In addition from November 15 th through January 5 th , which is generally recognized as the traditional retail holiday season, there is no restriction on decorative lighting.
(1)
Decorative lighting where permitted shall be one color, and it cannot blink, run or simulate movement or animation of any kind. If decorative lighting is within 500 feet of a residential area, it must be turned off between the hours of 10:00 p.m. to 6:00 a.m.
(2)
If the building ground coverage of a business is 30,000 square feet or more, the maximum linear feet of decorative lighting is 150 linear feet. If the building ground coverage of a business is 8,000 square feet or less, the maximum linear feet of decorative lighting is 40 linear feet. For businesses with intermediate ground coverage, the linear feet of decorative lighting is one-half of one percent of the building ground coverage.
(Ord. No. 6533, § III, 1-19-2016; Ord. No. 7008, ;§ I, 4-19-2022)
Editor's note— Ord. No. 6533, § III, adopted Jan. 19, 2016, set out provisions intended for use as § 114-536. Inasmuch as section so numbered already exits, said provisions have been redisignated as § 114-537 at the discretion of the editor.
SIGNS
The purpose of this article is to regulate all exterior signs and interior signs positioned for exterior observance, so as to protect property values and the visual character of city development and the public health, safety and welfare. Signs are deemed to be an accessory and incidental use to the land or building which they identify or advertise for a use thereon, and it is intended that such signs will be appropriate and adequate, but not excessive, in performing their identification or advertising function.
(Code 1981, app. A, art. XIII, § 1; Code 1998, § 114-561)
(a)
Fees and permits. Fees shall be charged for sign permits and for annual inspections. A permit for a sign shall become null and void if the sign is not installed within six months. In the lower righthand corner of a sign shall appear the permit identification number and date installed, the name of the person or owner responsible for such sign and any other appropriate information.
(b)
Removal or repair of signs. Any sign which is erected not in conformance with this chapter or any sign which because of improper maintenance or disrepair becomes nonconforming or unsafe shall be removed or repaired pursuant to the provisions of the building code, and all amendments thereto, as incorporated by reference in section 22-96.
(c)
Building and electrical code compliance. Any sign authorized by this chapter shall meet city building and electrical codes.
(d)
Maintenance. Regular maintenance shall be performed to prevent deterioration. Signs not maintained in a state of good repair shall be removed at the property owner's expense within 30 days of notification. Any abandoned sign shall be removed within 30 days after notification by the city at the property owner's expense.
(Code 1981, app. A, art. XIII, § 10; Code 1998, § 114-562)
No sign, except as described in section 114-528, shall be erected, remodeled, relocated or expanded until an application, containing information as required, is made and a permit issued by the building official.
(Code 1981, app. A, art. XIII, § 2; Code 1998, § 114-563)
The following signs shall not require a sign permit and are allowed in all zoning districts:
(1)
Permanent signs. Signs which generally are permanent in nature as follows:
a.
Official signs. Signs of a constituted governmental body, including traffic signs and signals, historical markers, informational directions, official notices, governmental flags or emblems, property identification, recreational activity signs.
b.
Directional or location signs. Small signs, not exceeding two square feet in area, to identify underground public utilities, public telephones and restrooms, parking areas, freight entrances, etc., or to direct traffic movement onto a premises, within a premises or to indicate similar directional or location signs.
c.
Ownership. Name and address identification signs, not to exceed two square feet in area, for a property owner or occupant.
d.
Decorations. Seasonal displays not advertising a product, service or entertainment.
e.
Warning signs. Signs, no larger than four square feet in area, warning the public against hunting, fishing, trespassing, swimming, etc., or to advise of dangerous animals, hazardous wastes, unsafe conditions, etc., on the applicable property.
(2)
Temporary signs. Signs which shall exist for only limited time period as follows:
a.
Official notices and campaigns. Official notices of government, to be removed within ten calendar days of notice action date; and civic, philanthropic, educational or religious campaign signs, not to exceed three months duration.
b.
Real estate signs. One real estate sign on premises of property for sale, lease or rental, not to exceed six square feet in a residential district or 32 square feet in any other district. Such signs shall be removed within 14 calendar days of the sale, rental or lease of such premises.
c.
Construction signs. No more than three on-site signs identifying the owner, financiers, professional design firms and contractors associated with the construction and building or subdivision or identifying the development's character or purpose, but no product advertisement. Each permitted sign shall not exceed 32 square feet and shall be removed within 14 calendar days after construction completion and shall not be displayed longer than two years from the date erected.
d.
Business announcements. Temporary signs not exceeding 32 square feet, announcing going out of business, grand opening, under new management and similar announcements, shall be allowed two times per calendar year per proprietor, for a maximum of 15 days per event.
(Code 1981, app. A, art. XIII, § 3; Code 1998, § 114-564; Ord. No. 5497, § I, 2-6-2007)
Under this chapter, the following signs are prohibited:
(1)
Effect of other laws. Any sign prohibited by any other law or regulation or any level of government. When this chapter is in conflict with other local ordinances, regulations or laws, the more restrictive ordinance or law shall govern and shall be enforced by the appropriate agencies.
(2)
Portable signs. Portable or mobile signs, as defined in this chapter, shall be prohibited.
(3)
Roof mounted signs. Signs shall not be located upon the roof of any building.
(4)
Animated signs. A sign of which any part is in motion, flutters, or rotates is prohibited, except for the hands of a clock or a weather vane.
(5)
Temporary signs. Except as provided by this chapter, any sign, banner, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, shall be prohibited.
(6)
Other signs. Any sign not provided for in this chapter shall be prohibited.
(Code 1981, app. A, art. XIII, § 4; Code 1998, § 114-565)
The following shall apply in all zoning districts:
(1)
Operations. The changing of copy on an approved sign or marquee specifically designed for use of replaceable copy and the painting, repainting, cleaning and other normal maintenance, unless a structural change is made, shall not require a building permit.
(2)
Traffic hazards. Signs are prohibited which may interfere with, mislead or confuse traffic through use of improperly working graphics, location, size, shape or color and thereby interfere with traffic signals, control signs or other aspects of safe street driving conditions. No sign shall use the words "Stop," "Go," "Caution," "Yield," etc., when such would be confused with traffic signs or devices.
(3)
Obstruction. Any sign shall be prohibited which is considered a safety hazard due to obstruction of any window, door, fire escape ladder or opening intended for light or air or for ingress to or egress from any building.
(4)
Lighting. Neon-type signs are permitted only in B-2, B-3, and B-4P zones. Any sign or illumination shall be prohibited that causes direct glare upon an unrelated building, as determined by the zoning administrator. Signs indicating time, temperature, and barometric pressure shall be permitted if they do not interfere with public safety or create a traffic hazard.
(5)
Trees and poles. No sign shall be attached to a tree, and no sign shall be attached to a utility pole except for official governmental notices or warning signs.
(6)
Height clearance. All signs shall have a minimum clearance of nine feet above a walkway.
(7)
Setback. Unless otherwise restricted, no sign shall project beyond a property line, and no part of any sign shall be closer than five feet to any street right-of-way. Wall signs shall not project more than 12 inches from the face of the building.
(8)
Window signs. Signs placed in windows or glass walls shall not cover more than 25 percent of the glass area to which they are attached.
(9)
Marquees. Signs may be on the vertical face of a marquee, but shall not extend below the lower edge or the upper edge of the marquee or exceed seven feet in height. The bottom of a marquee sign shall be not less than ten feet above a walkway or grade at any point.
(10)
Projecting signs. No projecting sign shall be erected or maintained from the front of a building a distance of more than 36 inches.
(11)
Sign content. Signs that contain statements or words of an obscene, pornographic or immoral character; that contain advertising matter which is untruthful; or that emit audible sound, odor or visible matter are prohibited.
(12)
Devices. Any streamer, flag, air- or gas-filled device, searchlight or any other device whose purpose is to attract the attention of the public shall be allowed two times per calendar year per proprietor, for a maximum of 15 days per event, and such devices shall require a permit issued by the building official.
(Code 1981, app. A, art. XIII, § 5; Code 1998, § 114-566; Ord. No. 4714, § I, 11-16-1999; Ord. No. 6533, § II, 1-19-2016)
(a)
Any lawfully erected sign, the continuance of which does not conform to this chapter, may continue to be maintained exactly as it existed on June 16, 1981. No nonconforming sign shall:
(1)
Be changed to another nonconforming sign;
(2)
Have any changes made in the words or symbols used or the message displayed on the sign unless the sign is an off-premises advertising sign or a bulletin board or substantially similar type of sign, specifically designed for periodic change of message;
(3)
Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;
(4)
Be reestablished after the activity, business or usage to which it relates has been discontinued for 30 days or longer or shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the reproduction cost.
(b)
The board of zoning appeals may permit variances from subsection (a)(2) of this section or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for the granting of zoning variances or upon a finding that the grant of a variance will reduce the degree of nonconformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign more in keeping with the spirit, purpose and provisions of this chapter.
(Code 1981, app. A, art. XIII, § 6; Code 1998, § 114-567; Ord. No. 4319, § I, 12-17-1996)
Off-premises advertising signs advertise products or services for businesses or organizations not connected with the site at which they are located. The following shall govern the placement of all off-premises signs.
(1)
Zoning development plan approval. Signs shall require zoning development plan approval by the regional planning commission prior to issuance of a building permit.
(2)
Districts where permitted. Signs shall be permitted in:
a.
Highway Oriented Business Districts (B-3);
b.
Light Manufacturing Districts (M-1);
c.
Light Manufacturing Restricted Districts (M-1R); and
d.
General Manufacturing Districts adjacent to interstate highways (M-2).
(3)
Location. Signs shall only be permitted within 760 feet of an interstate highway as measured from the center of sign base to the interstate right-of-way line. No off-premises sign shall be located within a 2,640-foot radius of an interstate interchange as measured according to the state department of transportation definition of primary point of intersection.
(4)
Placement. Signs shall be the principal use of a lot and shall maintain a minimum 15-foot setback from all property lines measured from the sign area.
(5)
Height. Signs shall not exceed 15 feet in height above the average road level. The average road level shall be measured as a 1,320-foot radius from the center of the sign base and the average road level shall be determined from the interstate highway to which the sign is oriented.
(6)
Surfaces. Sign surfaces shall be one per side, and the maximum total surface area shall not exceed 100 square feet per side or 200 square feet for all sides.
(7)
Content. Signs shall only contain messages and inferences to lawful activities and shall not contain reflective materials on any portion of the sign face.
(8)
Relation to other districts. Signs shall be no closer than 500 feet to any residential district or 1,000 feet to any historical district or historical site listed in the National Register of Historic Sites and Places. Signs shall be prohibited within the Gateway District and within 1,000 feet of the city greenbelt as measured from the center of the sign base.
(9)
Distance from other signs. No off-premises advertising sign shall be permitted closer than 1,000 linear feet to any other off-premises advertising sign on the same side of the street or within 500 feet as measured in a radius as measured from the center of the sign base.
(10)
Conformance with other restrictions. Signs are subject to all rules and regulations of the state department of transportation and this Code. Conflicting regulations will result in a compliance with the most restrictive regulation.
(Code 1981, app. A, art. XIII, § 7; Code 1998, § 114-568; Ord. No. 4520, § 1, 5-5-1998)
The following shall govern the placement of all on-premises signs:
(1)
Agricultural District (A-1). No more than four signs shall be permitted, provided that:
a.
Signs are to identify a farm or advertise a product grown thereon;
b.
The surface area does not exceed 32 square feet;
c.
The height of a freestanding sign does not exceed five feet; and
d.
Signs shall be indirectly illuminated.
(2)
Single-Family Residential Districts (R-1A, R-1B and R-1C).
a.
Home occupations conducted in a dwelling are permitted one sign, provided:
1.
The area of one side of the sign does not exceed three square feet; and
2.
The sign shall not be illuminated by any means.
b.
Single-family residences are permitted one garage-sale-type sign, provided:
1.
The area of one side of the sign does not exceed three square feet;
2.
The sign shall not be illuminated by any means; and
3.
The sign shall be placed no more than two days prior to the day the sale is to take place.
c.
Single-family residential subdivisions are permitted one permanent identification sign at each major street access, provided:
1.
Such sign does not exceed 32 square feet per side with a maximum number of two sides;
2.
The height of the sign shall not exceed five feet;
3.
The sign shall be set back a minimum of 20 feet from any property line, except that a sign may be permitted in a grassed median provided the sign does not interfere with traffic; and
4.
The sign shall not be illuminated by any means.
(3)
Multifamily Residential Districts (R-2, R-3 and R-4).
a.
Signs are permitted the same as for single-family residential districts.
b.
Multifamily developments are permitted one permanent identification sign at each major street access, provided:
1.
Such sign does not exceed 32 square feet per side with a maximum number of two sides;
2.
The height of the sign shall not exceed 12 feet;
3.
The sign shall be set back a minimum of 20 feet from any property line, except that such sign may be permitted in a grassed median provided the sign does not interfere with traffic; and
4.
The sign shall be indirectly illuminated.
(4)
Residential districts which permit limited commercial uses (R-5 and PD).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Business establishments within a development are permitted one identification sign, provided:
1.
The sign area does not exceed three square feet per side;
2.
The sign is mounted on the face of the building; and
3.
The sign shall be indirectly illuminated.
(5)
Professional Office District (P-1).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Single-tenant businesses are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one-half square foot per linear foot of street frontage to a maximum of 32 square feet per side or 64 square feet total of all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the sign surface area;
3.
The sign shall be indirectly illuminated; and
4.
The height of the sign shall not exceed five feet.
c.
Multitenant centers are permitted one freestanding sign, provided:
1.
The area of the sign does not exceed one-half square foot per foot of linear street frontage to a maximum of 50 square feet per side or a total of 100 square feet for all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the sign surface area;
3.
The sign shall be indirectly illuminated; and
4.
The height of the sign shall not exceed 12 feet.
d.
Single-tenant businesses and multitenant centers are permitted a wall sign equivalent to one percent of the business's building ground coverage area up to 60 square feet total signage. A business having less than 2,000 square feet in area may utilize up to 20 square feet of signage. Signs shall be indirectly illuminated.
(6)
Neighborhood Business District (B-1).
a.
Signs are permitted the same as for multifamily residential districts.
b.
Single-tenant businesses and multitenant centers are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one square foot per linear foot of street frontage to a maximum of 50 square feet per side or a total of 100 square feet for all sides;
2.
A lot with a multiple-street frontage, including a corner lot, uses only one frontage in computing the surface area; and
3.
The height of the sign shall not exceed 12 feet.
c.
Single-tenant businesses and multitenant centers are permitted wall signs equivalent to one percent of the business's building ground coverage area up to 100 square feet total signage. Businesses having less than 6,000 square feet in area may utilize up to 60 square feet of signage.
(7)
Central Business District (B-2).
See section 114-194.
(8)
Highway Oriented Business District (B-3).
a.
Single-tenant business and multitenant centers are permitted one freestanding sign, provided:
1.
The sign surface area shall not exceed one square foot per lineal foot of frontage for the first 100 feet of frontage;
2.
The maximum sign surface area shall be 100 square feet per side or 200 square feet total of all sides;
3.
A lot with a multiple-street frontage, including a corner lot, uses only one street frontage for computing the sign surface area; and
4.
The height of the sign shall not exceed 30 feet above the ground.
b.
Single-tenant businesses and multitenant centers are permitted wall signs equivalent to one percent of the business's building ground coverage area up to 300 square feet of total signage. Businesses having less than 8,000 square feet of area may utilize up to 80 square feet of signage.
(9)
Planned Shopping Center District (B-4P).
a.
All signs within the B-4P district shall be reviewed by the director of planning or designee as part of the site plan approval process.
b.
Freestanding signs are permitted at major access points provided:
1.
There are no more than two signs per center with a minimum separation of 250 feet from one sign's side to the other sign's side;
2.
One square foot of sign area per one linear foot of road frontage, up to 200 square feet of sign area per side, with a maximum of 400 square feet of total sign area for all sides;
3.
Lots with multiple street frontages, including corner lots, use street frontage on which sign is mounted in computing sign area; and
4.
Maximum height of freestanding sign shall be 35 feet.
c.
If the building ground coverage of a business is 30,000 square feet or more, the maximum wall sign area permitted is 300 square feet. If the building ground coverage of a business is 8,000 square feet or less, the maximum wall sign area permitted is 80 square feet. In all other situations, the area of wall signs shall not exceed one percent of the building ground coverage of a business.
(10)
Light Manufacturing Restricted District (M-1R).
a.
Single-tenant businesses are permitted freestanding signs, provided:
1.
The sign surface area does not exceed 32 square feet per side or a total of 64 square feet for all sides;
2.
For a lot with a multiple-street frontage, a total of two signs are permitted;
3.
The height shall not exceed five feet above the ground; and
4.
The signs shall be indirectly illuminated.
b.
The area of wall signs shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
c.
Industrial parks shall be permitted signage as for single-tenant businesses and, in addition, master identification signs, provided:
1.
Only one such sign is located at each major access point;
2.
Such sign shall not exceed 50 square feet per side or a maximum of 100 square feet total of all sides;
3.
The maximum height of such signs shall be 20 feet; and
4.
Signs shall be indirectly illuminated.
(11)
Light Manufacturing District (M-1) and General Manufacturing District (M-2).
a.
M-1 and M-2 districts shall be permitted one freestanding sign for each street frontage, and at each major access point, and in an industrial park for each building located therein provided:
1.
The individual sign surface shall not exceed one square foot of sign area per one linear foot of road frontage, up to 200 square feet of sign area per side, with a maximum of 400 square feet total sign area for all sides;
2.
Maximum height shall be 35 feet.
b.
The area of wall signs in a M-1 and M-2 districts shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
(12)
Historic Districts (H-1, H-2). Within historic districts no sign shall be erected, altered, restored or moved within the district until a certificate of appropriateness as to the exterior architectural features has been approved by the historic zoning commission.
(13)
Tourist Accommodation/Commerce District TA/C.
Signage within the TA/C district as a whole shall be designed as a complete comprehensive program to tie all elements together by common infrastructure, thematic landscaping, architectural building design and colors. Those areas zoned TA/C may be located in the Gateway Overlay District and additional requirements may be required.
a.
A complete sign package is required within the TA/C district and shall be reviewed by the planning commission as part of the zoning development plan approval process.
b.
Types of signage allowed in the TA/C district shall be as follows:
1.
Interstate identity.
i.
Interstate high-rise.
2.
Street-level identity.
i.
Main entry.
3.
Site wayfinding.
i.
Directory and directional.
4.
Single tenant and multitenant identity.
i.
Monument signs.
5.
Tenant identity.
i.
Wall signs.
ii.
Canopy/under canopy/awning-mounted.
6.
Menu boards.
i.
Menu boards for drive-thru restaurants.
7.
Gasoline price.
c.
A sign location plan indicating the location and type of each sign to be utilized at a particular location shall be required as part of the submittal process.
d.
Interstate identity sign.
1.
One interstate identity sign shall be allowed for the TA/C district when adjoining an interstate highway. Should the TA/C zone abut an additional interstate highway, an additional interstate identity sign may be allowed. When the district adjoins the intersection of two separate Interstate systems, an additional interstate identity sign shall be allowed at this intersection as long as it meets the minimum spacing requirement.
2.
Minimum spacing for interstate identity signs shall be no less than 1500 feet and no more than three interstate identity signs shall be allowed.
3.
An interstate identity sign shall be allowed a maximum of 700 square feet of sign area per side, with a maximum number of two sides. The sign must be oriented to the interstate and no portion of the sign my overhang any property line or the interstate right-of-way. The location of the sign must be designated on the preliminary plat. Sign copy shall not exceed 50 percent of the total square footage of the sign area. Maximum height for the interstate identity sign shall not exceed 75 feet from grade to the top of the sign.
4.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
5.
When electronic message boards are used as interstate identity signs, section 114-571(4-11) shall apply as follows:
a.
Only one freestanding electronic message board to convey information by words, letters or still pictures shall be permitted for each development, provided that at least one parcel within the development has a minimum frontage of 150 feet and the electronic message board sign is mounted along the parcel front.
b.
The electronic message board must be a part of the primary freestanding sign and must not exceed fifty percent of the total sign square footage permitted in the underlying zoning district.
c.
The maximum height of the sign is as permitted in the zoning district.
d.
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1000 nits after sunset and before sunrise.
e.
Electronic message boards shall not interfere with traffic signal devices as determined by the city traffic engineer.
f.
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
g.
Scrolling or flashing text shall be prohibited.
h.
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
i.
Electronic message boards shall not be allowed in any historic district as designated by the City of Kingsport.
e.
Street-level identity sign.
1.
A major multi-tenant development may use a street-level monument sign at the entrance to through roads to identify the name of the development and anchor tenants. One sign is allowed per intersection.
2.
No electronic message boards will be allowed on this sign.
3.
One sign is allowed at the entrance of each through road to assist in directing individuals to a destination.
4.
Maximum square footage for the sign face shall be 160 with the maximum height of the monument sign being ten feet as measured from grade to top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
5.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
f.
Site wayfinding sign.
1.
Both multitenant and singletenant developments may locate on a wayfinding sign. Wayfinding signs are to be placed along internal roads and driveways to assist individuals to a destination.
2.
Wayfinding signs are to be monument style signs and no electronic message boards shall be allowed on this sign.
3.
One sign is allowed at the entrance of each ingress/egress driveway off an internal roadway.
4.
One sign is allowed along an internal roadway with a minimum spacing of 1000 feet. Should an ingress/egress driveway coincide with the spacing requirement for an internal roadway, only one sign will be allowed at that location
5.
Maximum square footage for the sign face shall be 40 with the maximum height of the monument sign being eight feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
6.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
g.
Single-tenant and Multitenant identity—Freestanding.
Multitenant Identity—Freestanding.
1.
Multitenant developments shall be allowed one freestanding monument sign to identify tenants.
2.
Maximum square footage for a multi-tenant development monument sign is 80 square feet with a maximum height of ten feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
3.
No electronic message boards shall be allowed on this sign.
4.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
Single-tenant Identity—Freestanding.
1.
Single-tenant businesses that are located on the same parcel and have not been subdivided are allowed placement on this monument sign.
2.
Single-tenant businesses that are located on an out-parcel are allowed one freestanding monument sign on their lot.
3.
No electronic message boards shall be allowed on this sign.
4.
Maximum square footage for a single-tenant business monument sign is 60 square feet with the maximum height of the monument sign being eight (8) feet as measured from grade to the top of the sign, inclusive of all appurtenances. Sign copy shall not exceed 50 percent of the total square footage of the sign face.
5.
If illuminated, all electrical service shall be underground and the concentration of illumination shall be upon the area of the sign so as to prevent glare upon the street or adjacent property.
h.
Tenant identity—Single tenant/multitenant—Wall.
1.
Single-tenant identity sign.
a.
The single-tenant business having more than 2,000 square feet in area may utilize the equivalent to one percent of the business's building ground coverage area up to 60 square feet of total signage for the building.
b.
A single business having less than 2,000 square feet in building coverage may utilize up to 30 square feet of signage.
c.
Use of a canopy or awning with text sign shall constitute a wall sign.
d.
Wall signs with the exception of a canopy or awning shall consist of backlit reverse channel letters. No can signs are allowed.
e.
Logo's that are trademarked or copyrighted shall be counted toward the square footage total.
f.
Under-canopy signs shall not exceed three square feet in area and shall be mounted to the canopy ceiling perpendicular to the business public entrance. Minimum clearance from the base of the sign to grade shall be eight feet.
g.
Under canopy signs shall not be illuminated.
h.
If a building rear faces an interstate, it may utilize that wall space as long as the total signage does not exceed the maximum allowed.
i.
A bonus of 40 square feet of wall signage will be given to a single-tenant if the free standing sign surface area does not exceed a maximum of 16 square feet per side or 32 square feet total of all sides and all other requirements are met.
2.
Multitenant identity sign—Wall.
a.
A multi-tenant business having more than 2,000 square feet in area may utilize the equivalent to one percent of the business's building ground coverage area up to 80 square feet of total signage for the businesses' building.
b.
Use of a canopy or awning with text sign shall constitute a wall sign.
c.
Wall signs with the exception of a canopy or awning shall consist of backlit reverse channel letters. No can signs are allowed.
d.
Logo's that are trademarked or copyrighted shall be counted toward the square footage total.
e.
Under-canopy signs shall not exceed three square feet in area and shall be mounted to the canopy ceiling perpendicular to the business public entrance. Minimum clearance from the base of the sign to grade shall be eight feet.
f.
Under canopy signs shall not be illuminated.
g.
If a building rear faces an interstate, it may utilize that space as long as the total signage does not exceed the maximum allowed.
h.
A bonus of 40 square feet of wall signage will be given to a multi-tenant center if the free standing sign surface area does not exceed a maximum of 25 square feet per side or 50 square feet total of all sides and all other requirements are met.
i.
Menu boards.
1.
One menu board is allowed for drive-through restaurants per drive-through lane and must be located adjacent to the drive-thru lane.
2.
Menu boards must be monument signs.
3.
Menu boards if illuminated must be backlit.
4.
Maximum Height shall be eight feet from grade to the top of the sign, inclusive of all appurtenances.
j.
Gasoline price.
1.
Gasoline price signs must be a part of the allowed monument freestanding sign.
2.
The square footage of the gasoline price sign will count toward the total square footage allowed on the monument sign.
3.
In no case shall the gasoline price sign exceed 50 percent of the total square footage allowed which is 64 square feet and sign copy shall not exceed 50 percent of the total square footage of the sign face.
4.
Maximum height shall be six feet from existing grade to the top of the sign, inclusive of all appurtenances and if illuminated, must be internally lit.
5.
In the case where a gas station partners with another establishment, the requirements for multitenant—Freestanding and multitenant wall signs shall apply.
(14)
Mixed-Use District (MX).
a.
Single tenant businesses are permitted freestanding signs, provided that:
1.
The sign surface area does not exceed 32 square feet per side or a total of 64 square feet for all sides;
2.
A lot with a multiple-street frontage is allowed a total of two signs;
3.
The height shall not exceed five feet above the ground; and
4.
Signs shall be indirectly illuminated.
b.
Each mixed-use park within the district shall be permitted master identification signs, provided:
1.
Only one such sign is located at each major access point;
2.
Such sign shall not exceed 50 square feet per side and a maximum of 100 square feet total of all sides;
3.
The maximum height of such signs shall be 20 feet; and
4.
Signs shall be indirectly illuminated.
c.
The area of wall signs shall not exceed one percent of the business' building ground coverage area. If a business' building ground coverage is less than 4,000 square feet, the business may utilize up to 40 square feet of sign area.
(15)
Central Business Edge District B-2E.
See B-2E (Central Business Edge District).
(Code 1981, app. A, art. XIII, § 8; Code 1998, § 114-569; Ord. No. 4470, § 1, 12-16-1997; Ord. No. 4714, §§ II, III, 11-16-1999; Ord. No. 5065, §§ I, II, 11-5-2002; Ord. No. 5497, § II, 2-6-2007; Ord. No. 6305, § I, 5-7-2013; Ord. No. 6385, § I, 4-1-2014; Ord. No. 6475, § II, 4-21-2015; Ord. No. 6545, § II, 2-16-2016)
The area of all signs permitted under this chapter shall be computed as follows:
(1)
The supports or uprights and covering thereon on which a sign is supported shall not be included in the display surface area of a sign.
(2)
Signs of the same shape and dimensions mounted or displayed back to back and parallel shall use only one such face in computing the total display surface area of the sign.
(3)
Sign surface area of wall signs consisting of individual letters, each attached directly to the wall facade, shall be measured by the smallest rectangle which encloses all the letters. The total area shall be the sum of each word, logo or emblem forming the display.
(4)
Sign surface area of a sign consisting of connected letters or letters enclosed by a box or an outline shall be the total area of the sign including the background, box or outline.
(5)
Height of signs, except off-premises signs, shall be measured from the finished grade at the base of the sign or curb level, whichever provides the least height.
(Code 1981, app. A, art. XIII, § 9; Code 1998, § 114-570; Ord. No. 4714, § II, 11-16-1999)
Except as otherwise provided in this section, electronic message boards are allowed only in the following zoning districts: M-1, Light Manufacturing District, M-1R, Light Manufacturing Restricted, District, M-2, General Manufacturing District, B-3, General Business District, BC, Business Conference Center District, B-4P, Planned Business District, and TA/C, Tourist Accommodation/Commerce District as follows:
(1)
Only one freestanding electronic message board to convey information by words, letters, or still pictures shall be permitted for each development, provided that at least one parcel within the development has a minimum frontage of 150 feet and the electronic message board sign is mounted along the parcel front.
(2)
The electronic message board must be a part of the primary freestanding sign and must not exceed 50 percent of the total sign square footage permitted in the underlying zoning district.
(3)
The maximum height of the sign is as permitted in the zoning district.
(4)
Electronic message boards located within a Conservation or Gateway District shall conform to the Design Guidelines for that district.
(5)
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1,000 Nits after sunset and before sunrise.
(6)
Electronic message board shall not interfere with traffic signal devices as determined by the city traffic engineer.
(7)
Electronic message boards shall not be used for off-premises advertising.
(8)
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
(9)
Scrolling or flashing text shall be prohibited.
(10)
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
(11)
Electronic message boards shall not be allowed in any historic district as designated by the city.
(Code 1998, § 114-571; Ord. No. 5065, § IV, 11-5-2002; Ord. No. 5097, § II, 4-1-2003; Ord. No. 5616, § II, 11-6-2007; Ord. No. 6475, § III, 4-21-2015; Ord. No. 6980, § I, 12-21-2021)
Electronic message board signs are allowed in any residential district for public schools and churches as follows:
(1)
Only one freestanding electronic message board to convey information by words, letters, or still pictures shall be permitted for each institution provided that at least one parcel within the development has a minimum road frontage of 150 feet located on a minor arterial or above as classified by the adopted Major Street and Road Plan and the electronic message board sign is located along that road.
(2)
The electronic message board must be a part of the primary freestanding sign with a maximum size of 50 square feet per side. The electronic message board portion of the freestanding sign must not exceed 50 percent of the total freestanding sign.
(3)
The maximum height of the sign is as permitted in the underlying zoning district.
(4)
Electronic message boards shall include an automatic dimmer. The maximum allowable brightness of an electronic message board shall not exceed 4,000 nits during the hours between sunrise and sunset and 1,000 Nits after sunset and before sunrise.
(5)
Hours of operation for electronic message boards located within a residential zone are from sunrise to 10:00 p.m. and must be turned off completely by 10:00 p.m. each night.
(6)
Electronic message boards shall not interfere with traffic signal devices as determined by the city traffic engineer.
(7)
Electronic message boards shall not be used for off-premises advertising.
(8)
Signage shall be limited to text, images and still pictures only. Video or animation of any type is prohibited. Animated signs are prohibited.
(9)
Scrolling or flashing text shall be prohibited.
(10)
Any display on an electronic message board shall be for a minimum of five seconds in duration. Any message change shall be completed within one second, shall be simultaneous, and fixed in place for a minimum five seconds.
(11)
Electronic message boards shall not be allowed in any historic district as designated by the city.
(Ord. No. 6360, § I, 11-19-2013)
Decorative Lighting is only allowed in the following zoning districts: B-2, Central Business District, B-3, Highway Oriented Business District, and B-4P, Planned Business District. In addition from November 15 th through January 5 th , which is generally recognized as the traditional retail holiday season, there is no restriction on decorative lighting.
(1)
Decorative lighting where permitted shall be one color, and it cannot blink, run or simulate movement or animation of any kind. If decorative lighting is within 500 feet of a residential area, it must be turned off between the hours of 10:00 p.m. to 6:00 a.m.
(2)
If the building ground coverage of a business is 30,000 square feet or more, the maximum linear feet of decorative lighting is 150 linear feet. If the building ground coverage of a business is 8,000 square feet or less, the maximum linear feet of decorative lighting is 40 linear feet. For businesses with intermediate ground coverage, the linear feet of decorative lighting is one-half of one percent of the building ground coverage.
(Ord. No. 6533, § III, 1-19-2016; Ord. No. 7008, ;§ I, 4-19-2022)
Editor's note— Ord. No. 6533, § III, adopted Jan. 19, 2016, set out provisions intended for use as § 114-536. Inasmuch as section so numbered already exits, said provisions have been redisignated as § 114-537 at the discretion of the editor.