Lowell Town City Zoning Code
ARTICLE VII
Signs, Canopies, Awnings and Billboards
§ 295-51 Purpose of sign, canopy and awning regulations.
A.
Statement of purpose.
(1)
The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards.
(2)
In addition, this article is intended to protect the public health, safety and general welfare by:
(a)
Promoting well-maintained and attractive signs within the Town of Lowell;
(b)
Providing for adequate business identification, advertising and communication; and
(c)
Protecting the safety and efficiency of the Town's transportation network by reducing confusion or distractions to motorists and enhancing motorists' ability to see pedestrians, obstacles, other vehicles and official traffic signs, signals or devices by minimizing a proliferation of messages for the motorist.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the Town of Lowell; painting, posting and general maintenance are excepted.
B.
Statement of Authority. This chapter is adopted pursuant to authority, power and duties granted to the Town Board, in the exercise of village powers under § 60.10, Wis. Stats., as well as authority under § 60.23, Wis. Stats., to regulate and control persons in the Town in certain uses, activities, businesses and operations within the Town.
§ 295-52 Signs, canopies, and billboards; definitions.
The following definitions are used in this article:
A structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The area is the perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.
A temporary hood or cover which projects from the wall of the building which can be retracted, folded or collapsed against the face of a supporting structure.
A nonilluminated, projecting identification sign painted on or affixed flat to the surface of an awning and which does not extend vertically or horizontally from the awning.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any outdoor sign, display, device, notice, figure, painting, drawing, mural, message, placard, poster or other thing which is designed, intended or used to advertise or inform, any part of which is visible from any place on the traveled way of any town, county, state or federal highway or roadway and which is larger than 75 square feet in total area.
The unreasonable obstruction of view of a sign caused by the placement of another sign.
A "canopy" is a shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
A "day" shall be designated as a period of time in terms of calendar days.
Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.
Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.
Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.
A sign that is illuminated from a source outside of the actual sign.
Any sign attached to and made part of a marquee. A "marquee" is defined as a permanent rooflike structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
Any sign which does not conform to the regulations of this chapter.
Any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located.
Any sign displaying a candidate for an election, or a current election's subject matter.
Any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
Any sign extending more than 18 inches, but less than four feet, from the face of a wall or building; such sign may not extend more than three feet into the right-of-way.
Any sign which are used to offer for sale, lease or rent the property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any building.
Any outdoor display, device, notice, figure, painting, drawing, mural, message, placard, poster or other thing which is designed, intended or used to advertise or inform, and in which any part of the advertising or informative contents is visible from any place on the traveled way of any portion of a town, county, state or federal highway or roadway and is less than 75 square feet in total area.
A sign erected for the purpose of directing persons to a place of business, recreation or public building, school or church.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any sign which is erected or displayed for a limited period of time not to exceed 28 consecutive days or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight square feet in area. Examples of temporary signs include banners and decorative-type displays. For purposes of this chapter, a portable sign is not a temporary sign.
Includes the sign area, plus any exposed area or members of the supporting structure on or to which the sign (sign message) is affixed. Decorative, landscaped earth berms or structures which are composed principally of exposed earth and/or landscape (plant) materials shall not be included as part of a total sign structure but shall meet sign setback requirements as set forth herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 16 inches from such wall.
Any sign located completely within an enclosed building and visible from a public way. For purposes of this chapter, a window sign shall not include any sign permanently attached in the window or directly painted on the glass.
§ 295-53 Required permits for signs, canopies, awnings and billboards.
A.
Application. Except those specified in § 295-54, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Town of Lowell. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the Building Inspector shall also be required. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator/Permit Issuer. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.
Required information. Application for a sign permit shall be made, in writing, upon forms furnished by the Town which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign. A permit is not required for a copy change when no change in business name is involved.
C.
Permit fees. Required permit fees shall be paid to the Town Clerk for each sign permit issued under this article; provided, however, that a fee shall not be charged for putting an existing sign in conformity with this article, or for a copy change when no change in business name is involved.
D.
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Zoning Administrator/Permit Issuer, who will assure the sign complies with the regulations of this article. If a building permit was also required, the applicant shall also notify the Building Inspector.
E.
Appeals. The Zoning Administrator/Permit Issuer may, at any time for a violation of this article, revoke a permit or require changes so the sign conforms with this article. The holder of a revoked permit shall be entitled to an appeal before the Town Board. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Administrator/Permit Issuer relative to the provisions of these sign regulations may appeal and seek review of such decision to the Town Board.
§ 295-54 Signs not requiring permit.
The following signs do not require a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water:
A.
Commercial, industrial and planned unit development (commercial/industrial) districts.
(1)
Warning signs not to exceed four square feet located on the premises.
(2)
Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.
(3)
Official signs, such as traffic control, parking restriction, information and notices.
(4)
Rummage or garage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
(5)
Signs designating entrances, exits, service areas, parking areas, restrooms and other such signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.
(6)
Signs not exceeding two square feet in area and bearing only property numbers, postbox numbers or names of occupants of premises.
(7)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(8)
Legal notices, identification information or directional signs erected by governmental bodies.
(9)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(10)
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(11)
Political message signs during an election campaign period. As defined in § 12.04(1), Wis. Stats. Said sign shall be a maximum of 32 square feet. Such signs shall only be erected on private property, with the permission of the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(12)
Window signs are allowed with no permits.
(13)
Bills, posters and banners shall be allowed with no permits.
(14)
Unlighted real estate signs advertising the sale or lease of the premises on which the sign is located provided in residential districts are limited to four square feet and one sign per street frontage, and in all other districts are limited to 32 square feet. Permanent rental signs, such as for apartments, shall be limited to 12 square feet.
(15)
Bulletin boards and identification signs for public, charitable or civic institutions, apartments, planned residential developments and subdivisions and model homes, in residential districts, provided they:
B.
Residential, conservancy and agricultural districts.
(1)
Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two square feet.
(2)
Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(3)
Official signs, such as traffic control, parking restrictions, information and notices.
(4)
Awnings or canopies servicing only a particular single-family dwelling unit, provided the same shall conform to the regulations applicable to the zoning district in which the same are located.
(5)
House numbers or signs identifying parks or country clubs or official bulletin boards.
(6)
Political message signs during an election campaign period, as defined in § 12.04(1), Wis. Stats. Political signs may be posted 60 days before an election and must be removed within 10 days after said election. Said sign shall be a maximum of eight square feet. Such signs shall only be erected on private property, with the permission of the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7)
Rummage or garage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
(8)
Unlighted real estate signs advertising the sale or lease of the premises on which the sign is located provided in residential districts, are limited to four square feet and one sign per street frontage, and in all other districts are limited to 32 square feet. Permanent rental signs, such as for apartments, shall be limited to 12 square feet.
(9)
Bulletin boards and identification signs for public, charitable or civic institutions, apartments, planned residential developments and subdivisions and model homes, in residential districts, provided they:
(11)
Farm names and identification signs in all agricultural districts.
(12)
Agricultural signs advertising farm products produced on the premises or the sale of farm equipment, stock and personal goods, not exceeding 32 square feet.
§ 295-55 Permitted commercial and industrial signs.
A.
Permitted signs. Business signs as defined herein are permitted in all business, industrial and public and semi-public districts following issuance of a sign permit.
B.
Business signs clearance standards.
(1)
Projecting signs. Projecting signs shall not be less than 10 feet above the grade nor 15 feet above a driveway or an alley.
(2)
Freestanding signs.
(a)
If located above a walkway or driving area, freestanding signs shall not be less than 10 feet above a walkway nor less than 15 feet above a driveway or an alley.
(b)
If located within 100 feet of an intersection of a driveway or roadway, freestanding signs shall not be less than 10 feet above existing grade or grade of existing structure at the time of permit approval.
C.
D.
Off-premises signs. Off-premises advertising signs are permitted in the Business/Commercial Mixed-Use District and all industrial districts subject to the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Street setback. Minimum: 25 feet, unless otherwise specified in conditional use approval.
(2)
All other district yards. The setback minimum shall be the same as for the basic district unless otherwise specified in conditional use approval.
(4)
Height. A maximum of 25 feet above the existing grade or grade of existing structure at the time of permit approval.
E.
Directional signs permitted. Directional signs are permitted in Business/Commercial Mixed-Use District subject to the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Advertising and directional signs. Clearance standards:
(1)
Height. Projecting signs shall not be less then 10 feet above the grade nor 15 feet above a driveway or an alley.
(2)
Freestanding signs.
(a)
Freestanding signs located above a walkway or driving area shall not be less than 10 feet above a driveway or an alley.
(b)
Freestanding signs located within 100 feet of an intersection of a driveway or a roadway shall not be less than 10 feet above existing grade or grade of existing structure at the time of permit approval.
G.
Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector; provided, however, that such lighting shall be arranged to prevent glare and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, or signs having moving parts, or signs which may be mistaken for traffic signal devices, or which diminish the visibility or effectiveness of such traffic signal devices are prohibited.
H.
Signs causing obstruction prohibited. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as means of ingress or egress, or for firefighting purposes, or placed so as to interfere with any opening required for legal ventilation is prohibited.
I.
Signs at intersection prohibited. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct clear vision of the intersection.
§ 295-56 Permitted residential signs.
In addition to those permitted signs not requiring a permit pursuant to § 295-54B, the following nonflashing, nonilluminated signs are permitted under the conditions specified in all residential and planned unit development (residential) districts established by this chapter:
A.
Nameplate and identification signs. Subject to the following:
(1)
Area and content, residential. There shall be not more than one nameplate, not exceeding four square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted home occupation. On a corner lot, two such nameplates for each dwelling unit (one facing each street) shall be permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Projection. Such signs shall be affixed flat against the wall of the building.
(3)
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower.
B.
"For sale" and "to rent signs." Subject to the following:
(1)
Area and number. There shall be not more than one sign per zoning lot, except that on a corner zoning lot, two signs (one facing each street) shall be permitted. No sign shall exceed eight square feet in area nor be closer than 12 feet to any other zoning lot.
(2)
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower, when attached to a building; detached or freestanding signs shall not be more than four feet in height, measured from the soil grade to the top of the signpost.
C.
Signs accessory to parking area. Subject to the following:
(1)
Area and number. Signs designating parking area entrances or exits are limited to one sign for each such exit or entrance, and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two such signs (one facing each street) shall be permitted.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than seven feet above curb level.
D.
Signs accessory to roadside stands. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.
(2)
Area and number. The signs shall be on the same zoning lot (either zoned agricultural or with a conditional use permit) as the roadside stand, and there shall be not more than two signs per lot. No sign shall exceed 12 square feet in area nor be closer than 50 feet from any other zoning lot.
(3)
Projection. No sign shall project beyond the property line into the public way.
(4)
Height. No sign shall project higher than 15 feet above curb level.
(5)
Permit. A sign permit is required for this type of sign.
E.
Temporary signs accessory to subdivision developments or other permitted improvements in residential districts. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of homes for sale or rent in the subdivision under construction, or for the identification of other nonresidential uses under construction.
(2)
Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 32 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.
(3)
Height. No sign shall project higher than eight feet above curb level.
(4)
Time limitations. The sign or signs shall be removed by the applicant or property owner within two years of the date of the issuance of a sign permit.
F.
Subdivision identification signs. Subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or development.
(2)
Area and number. There shall be not more than two signs located at each entrance to a subdivision. No sign shall exceed 50 square feet in area. Such identification signs shall only be erected after review and approved by the Zoning Administrator/Permit Issuer.
(3)
Height. No sign shall project higher than 12 feet above curb level; the Town Board may, however, temporarily authorize a larger sign for a period not to exceed two years.
(4)
Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the Zoning Administrator/Permit Issuer for approval. The location of any such sign shall be at the discretion of the Zoning Administrator/Permit Issuer based upon the character of the area, the type and purpose of the sign and the length of time permitted.
G.
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
Area and number. There shall be not more than one sign per lot, except that on a corner lot, two signs (one facing each street) shall be permitted. No sign shall exceed 16 square feet in area nor be closer than eight feet from any other zoning lot.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.
§ 295-57 Permitted agricultural district signs.
The following signs are permitted in the AG-1 General Agricultural District upon the granting of a permit and subject to the following regulations:
A.
Name, occupation or organization signs not to exceed 10 square feet in sign area, and not exceeding two in number per form or premises.
B.
Off-premises directional sales signs.
C.
Real estate signs pertaining to the lease or sale of any building, land, farm equipment or animals. Such signs shall not exceed 32 square feet in sign area; shall not be less than 25 feet away from the right-of-way of any street or highway and upon the property so offered for sale or lease; and shall not exceed one sign per street frontage.
§ 295-58 Landscape features.
Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.
§ 295-59 Prohibited signs.
A.
Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.
B.
Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare, reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where allowed by conditional use permit. No signs, billboards or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.
C.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this chapter, or be located within five feet of a property line.
D.
Other prohibited signs. The following types and classes of signs are prohibited from being placed, erected or maintained in any area or district within the Town:
(1)
Unsafe signs. Signs or billboards which are unsafe or in a state of disrepair, so as to be dangerous or cause a hazard to persons, animals or property.
(2)
Signs attached to natural objects. Signs which are attached to trees or other natural objects, except "no trespassing" signs, which may be placed on trees by the owner or occupant of the premises.
(3)
Signs on vehicles, trailers or buildings. Signs which are painted or placed directly on temporarily parked vehicles, trailers, or buildings, unless the sign is directly related to the use of the premises in or on which it is located.
(4)
Nonaccessory signs. Signs or billboards which are not directly related to the use of the premises in or on which they are located, except directional signs specifically authorized under this chapter.
(5)
Abandoned signs. Signs or billboards that advertise an activity, business product or service no longer conducted or available on the premises on which the sign is located.
(6)
Rooftop signs, flashing or blinking signs (other than public traffic control signs), semitemporary portable signs, and private signs within public street, road or highway right-of-way shall be prohibited.
(7)
Signs facing on federal interstate or federal aid primary highways shall meet all the requirements and regulations set forth in Wisconsin Statutes and federal regulations as well as the regulations for the type and location of signs set forth herein.
(8)
Words and phrases on signs should be kept to a minimum to allow reading or interpretation from a moving vehicle at posted speed limits without hazard. A combination of 10 words, sets of numbers, logos, or pictures will, under normal circumstances, be considered as a guide for sign phrasing, and the applicant may be requested to modify the sign to delete excessive verbiage.
E.
Facing of signs. No illuminated signs, except those permitted in residential zoning districts, shall be permitted to face a residence, and no sign-related illuminating device shall be directed toward residential parcels in a residential zoned district.
§ 295-60 Dangerous and abandoned signs.
A.
Removal of dangerous signs.
(1)
From time to time the Zoning Administration may inspect signs within the Town for compliance with the provisions of this chapter, and if such provisions are not being met, the Building Inspector shall report such fact to the sign owner and request that the sign be made to comply with this chapter. If, within a reasonable period of time set by the Zoning Administrator, the sign is not made to comply with this chapter, the Zoning Administrator may direct that the sign be removed by the owner and, if not so removed, shall cause the sign to be removed and the cost of such removal assessed to the sign owner or the owner of the property from which the sign is removed.
(2)
All signs shall be removed by the owner or lessee of the premises upon which the sign is located if, in the judgment of the Zoning Administrator/Permit Issuer, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Zoning Administrator/Permit Issuer may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the decision of the Zoning Administrator/Permit Issuer to the Board of Appeals.
B.
Abandoned signs. Except as otherwise herein provided, all sign messages shall be removed by the owner or lessee of the premises upon which an off-premises sign is located when the business it advertised is no longer conducted where advertised. If the owner or lessee fails to remove the sign, the Zoning Administrator/Permit Issuer shall give the owner 60 days' written notice to remove said sign, and thereafter, upon the owner's or lessee's failure to comply, may remove such sign, any costs for which shall be charged to the owner of the property or may be assessed as a special assessment against the property, and/or the Zoning Administrator/Permit Issuer may take any other appropriate legal action necessary to attain compliance.
C.
Violations. All signs constructed or maintained in violation of any of the provisions of this article after the date of adoption are hereby declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violations of this article, the Zoning Administrator/Permit Issuer or Town Board may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.[1]
§ 295-61 Variances or exceptions.
Variances or exceptions to these sign regulations may be granted by the Board of Appeals following a recommendation from the Town Board and Zoning Administrator/Permit Issuer, pursuant to the standards of this chapter.
§ 295-62 Construction and maintenance regulations for signs.
A.
Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well-painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the Zoning Administrator/Permit Issuer and/or Building Inspector.
B.
General requirements.
(1)
Construction standards. All signs, except flat signs and those signs weighing less than 10 pounds, shall be designed, fastened and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed, attached, fastened or anchored to adequately support the dead load and any anticipated live loads (i.e., ice, snow) of the sign.
(2)
Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
(3)
Roof signs. No sign shall be located so as to project above the parapet line unless approved by the Zoning Administrator/Permit Issuer.
(4)
Projection. Signs, including supports, shall not interfere with surrounding properties or traffic.
(5)
Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus, except "no trespassing" signs as provided in § 295-59D(2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
Blanketing. Blanketing of signs on buildings shall not be allowed.
(7)
Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well-painted, and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.
§ 295-63 Special sign requirements.
A.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on the premises or to present public service information.
(2)
Segmented messages must be displayed for not less than 3 1/2 seconds and not more than 10 seconds.
(3)
Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.
B.
Portable signs/message boards. Portable, temporary and mobile mounted signs and movable message boards are permitted in nonresidential districts and shall be limited in use to five days at a time following approval by the Zoning Administrator/Permit Issuer; provided, however, that the Zoning Administrator/Permit Issuer shall not give approval for placement of a portable sign/message board if it presents a vision obstruction; such signs shall not be displayed more frequently than five days in any ninety-day period at any one location. The maximum size of a portable sign/message board shall be 10 square feet on each face, back to back. Portable signs/message boards shall not be located in any public rights-of-way and shall be securely fastened to prevent any hazardous condition. Portable signs/message boards shall not be located closer than 10 feet to an adjacent property and shall not be illuminated between 10:00 p.m. and 6:00 a.m.
C.
Searchlights. The Zoning Administrator/Permit Issuer may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period.
§ 295-64 Nonconforming signs.
A.
Signs eligible for characterization as legal nonconforming. Any sign located within the Town of Lowell limits of the original date of adoption of this article hereafter which does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, provided that the owners of such signs shall, within three months of the original effective date of this chapter or any amendment thereto, fill out a permit application for the Zoning Administrator's records. Upon the filing of such application, the Zoning Administrator shall issue a permit to the sign owner without fee.
B.
Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:
(1)
If said sign is damaged by fire, flood, explosion, earthquake, war, riot or act of God; or structurally altered in any way, except for normal maintenance and repair; the sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damage to the sign is 50% or more of its replacement value, in which case the constructed sign shall comply with the provisions of this article.
(2)
The sign is relocated.
(3)
The sign fails to conform to the Town requirements regarding maintenance and repair, abandonment or dangerous or defective signs.
(4)
On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or shall be removed.
C.
Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or use of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.
§ 295-65 Awnings and canopies.
A.
Permitted awnings. No awnings (noncollapsible type) shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.
(2)
Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than seven feet above the level of the public sidewalk or public thoroughfare.
(3)
Setback from curbline. No awning shall extend within one foot of the curbline.
B.
Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. The structural support of all canopies shall be approved by the Zoning Administrator/Permit Issuer as in compliance with the Building Code of the Town[1] and shall meet state building codes. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 295-62 of this chapter. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.
(3)
Setback from curb. No canopy shall extend beyond a point two feet from the curbline.
§ 295-66 Enforcement; violations and penalties.
A.
Construction without permit. Any person, firm or corporation who begins, erects or completes the erection or construction of any sign, awning or canopy controlled by this article prior to the granting of a sign permit shall pay a penalty double the amount of the permit otherwise required.
B.
Compliance notice.
(1)
If the Zoning Administrator/Permit Issuer finds any sign, awning or canopy regulated herein unsafe or insecure or is a menace to the public, it shall give written notice to the sign owner and to the property owner.
(2)
If such sign, awning or canopy owner fails to remove or alter the sign, awning or canopy so as to comply with the standards herein set forth within a reasonable period of time set by the Zoning Administrator after such notice, the Zoning Administrator/Permit Issuer may cause such sign, awning or canopy to be removed or altered at the expense of the owner of the sign, awning or canopy or the owner of the property upon which it is located so as to comply with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Violations; penalties. Any person who shall violate any of the provisions of this article shall be subject to a penalty which shall be as follows:
(1)
Any person found guilty of violating any part of this article who has previously been notified of being in violation or been convicted of violating the same Article within one year shall, upon conviction thereof, be subject to a forfeiture as prescribed by Chapter 1, General Provisions, § 1-3, for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
(2)
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this article shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this article.
§ 295-67 Administration; sign permits.
Applications for permits shall be filed with the Zoning Administrator, who shall review the application for its completeness and accuracy and approve or deny the application within 45 days of receipt unless the time is extended by written agreement with the applicant. A sign permit shall become null and void if work authorized under the permit has not been completed within six months from the date of issuance. Applications shall be made on forms provided by the Zoning Administrator and shall contain or have attached thereto at least the following information:
A.
Name, address and telephone number of the applicant, and location of building, structure, lot or property to which or upon which the sign is to be attached or erected.
B.
Name of person, firm, corporation or association erecting the sign.
C.
Written consent of the owner or lessee of the building, structure, or land to which or upon which the sign is to be affixed or erected.
D.
A scale drawing of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.
E.
A scale site drawing indicating the location and position of such sign in relation to nearby buildings, structures, property boundaries, or signs.