Madison County Unincorporated
City Zoning Code

SIGN REGULATIONS

§ 93.115 PURPOSE AND INTENT.

The purpose and intent of the Sign Code is to set out reasonable regulations for the design, location, installation, display, operation, repair, maintenance, and removal of signs in a manner that advances the county's legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech.

(A) Conflicts between traffic control signs and signals and various private signs resulting in vehicular and pedestrian safety problems.

(B) Signs are sometimes placed in locations or constructed in a manner that creates a danger to the public during periods of high winds or inclement weather.

(C) The uncontrolled use of signs defeats the sign's informational or advertising functions as competitors escalate sign size and expense in an effort to fairly attract attention.

(D) The uncontrolled use and proliferation of signs create visual pollution that destroys the beauty of the county, the attractiveness of commercial areas, and the ability of the public to safety and quickly interpret the intended messages.

(E) The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2016- 02, passed 2-16-2016; Am. Ord. 2020-02, passed 1-16-2020)

§ 93.116 GENERAL REQUIREMENTS.

(A) Regulated. The sign standards of this subchapter shall be regulated by zone districts as shown on the zone district map. If this zoning code is amended to include a zone district not presently included in this zoning code no sign shall be permitted unless:

(1) By a written interpretation of the Zoning Board of Appeals the new zone district is similar to an existing zone district; or

(2) By additional sign regulations for the new zone district.

(B) Illumination. The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not be objectionable to surrounding areas and the light rays shall not spill over the property lines into a residential zone except by indirect reflection.

(1) No sign shall have blinking, flashing, or scintillating lights or other illumination device that has a changing light intensity, brightness, or color. Beacon lights are not permitted. This section is not intended to prevent signs showing time and temperature exclusively.

(2) Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(3) No exposed lamps or bulbs, which exceed 15 watts, shall be used on the exterior surface of any sign so as to expose the face of the bulbs, light, or lamp to any public street or adjacent property.

(C) Measurement of sign. All signs shall be measured as shown in the Illustrations section. Measurements shall include all of the area contained within the square shown in the Illustrations section and only structural supports shall be excluded in computing total allowable sign area. When you have sign that is two-sided, and advertising is to be on both sides of the sign, then the maximum size for this sign shall not exceed the maximum allowable in the particular instance. If there is to be advertising on both sides, for instance, on billboard; then the maximum allowable size is a total of 300 square feet for both sides. This would indicate that 150 square feet of sign-area would be allowable for one side. It shall be noted that the maximum allowable sign area for any sign in this subchapter is 300 square feet.

(D) Location. No sign shall be attached to tree or utility pole.

(E) Restrictions. No sign shall be located in any manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct, or physically interfere with motor vehicle operator’s view of approaching, merging or intersecting traffic.

(F) Content. Except as provided in this division, no sign shall be approved or disapproved based on the content or message it displays. The following content, without reference to viewpoint of the individual speaker, shall not be displayed on signs:

(1) Text or graphics that is harmful to minors as defined by state or federal law.

(2) Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law.

(3) Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs.

(4) Signs that provide false information related to public safety (e.g., signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters that are presented in a manner as to confuse motorists or imply a safety hazard that does not exist).

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)

§ 93.118 ALL RESIDENTIAL, CONSERVATION AND AGRICULTURAL DISTRICTS.

(A) Location. Permitted signs may be anywhere on the premises, but if wall mounted, shall be flush mounted and shall not project above the roof line. Freestanding signs shall be at least ten feet from any property line or right-of-way.

(B) Size. A sign not exceeding two square feet in area shall be permitted, per dwelling unit. The sign per dwelling shall indicate only the name of the occupant and may include the address. For multiple dwellings one additional sign totaling six square feet in area shall be permitted. The additional sign area permitted for multiple dwelling shall only be identification of the building.

(1) There shall be permitted a small identification sign, being a maximum of six square feet in size, and no larger, to identify the location of the property as an area that has a special use permit or home occupation. See § 93.083 for setbacks of home occupation signs.

(2) At the time of application for the public hearing, if one is required, the applicant shall note to the Board of Appeals that sign for identification purposes is to be erected and in what manner, along with the size.

(D) Signs for non-residential and nan-agricultural permitted uses. Signs for non-residential and non-agricultural permitted uses in Residential, Agricultural, and/or Conservation Districts (i.e. schools, golf courses, churches and rectories, and the like) shall be permitted to have one square foot of sign area for each linear foot of building frontage on a street to a maximum of 75 square feet.

(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-24)

§ 93.119 BUSINESS DISTRICT.

These sign regulations shall apply to all business zone districts except as specifically exempted.

(A) Wall signs. Any business use may be permitted a wall sign for each side of building fronting a public street. Wall signs shall not project more than one foot from the building wall and copy shall run parallel (horizontal) with the wall.

(1) Size. Maximum permitted wall sign area shall be one square foot of sign area for each linear foot of building frontage on a street to a maximum of 300 square feet on individual street frontages.

(B) Freestanding signs. Freestanding signs shall be permitted in all business districts.

(1) Area and number. An area ten feet in height, except for structural members, shall be maintained clear of obstruction under any freestanding sign to increase pedestrian safety, and to create a clear field of vision to recognize the location of streets and commercial entrance and exits. One freestanding sign per public street frontage.

(2) Height. Freestanding signs may not exceed 30 feet from ground elevation except as increased by variance approval.

(3) Location. Any sign may be located anywhere on the premises unless locations are given herein and provided the regulations of § 93.080 are met, and:

(a) No sign shall intrude into any public right-of-way and structural supports shall be at least ten feet from any public right-of-way line.

(b) Any sign shall be at least ten feet above a sidewalk and 15 feet above driveways or alleys.

(c) Signs may be on the vertical faces of marquees. The bottom of a marquee sign shall be no less than ten feet above the grade at any point. No part of the changeable copy shall project above or below the vertical marquee face.

(C) Message centers. Digital electronic message centers ("EMCs") may be incorporated into signs as provided in this division.

(1) Number, design, dimensions.

(a) Not more than one sign with an EMC component is allowed per street frontage.

(b) EMCs shall appear to be incorporated into the face of a permanent sign that includes text or graphics that are not part of the EMC.

(c) EMCs shall be integrated harmoniously into the design of the sign face and structure, shall not be the predominant element of the sign, and if located at the top of a sign, the sign must include a substantial cap feature above the EMC, which consists of the same material, form, color, and texture as is found on the sign face or structure.

(d) Not more than 50% of the sign area of a permitted sign may be occupied by EMCs.

(2) Operations.

(a) The message displayed on an EMC shall not change more frequently than once per 60 seconds.

(b) EMCs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed.

(c) EMCs shall be controlled by dimming software and sensors to adjust brightness for nighttime viewing and variations in ambient light. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare.

(D) Computation. The maximum allowable area per lot for any freestanding sign shall be based on the following formula:

Factor	Lineal Feet of Principal Frontage	Allowable Sign Area in Square Feet
2	First 50 feet	100
1.5	Next 50 feet	Add 75
1	Remaining distance	Max. 125
Maximum total possible is 300 square feet of sign area.

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)

§ 93.120 INCIDENTAL SIGNS.

(A) Definition. Signs indicating services, products, prices, trade information, or other information not including product advertising are incidental signs.

(B) Footage to public right-of-way line. No products or product containers or incidental signs shall be closer to a public right-of-way line than ten feet.

(C) Wall signs or permanently installed. All incidental signs shall be wall signs or shall be on a permanently installed structure. If incidental signs are wall signs, their area in square feet shall be subtracted from the total area permitted for wall signs. Other incidental signs are deemed freestanding and their area in square feet shall be subtracted from the total area permitted for freestanding signs.

(D) One sign permitted. One incidental sign per street frontage, or entrance or exit only is permitted.

(Ord. 2014-18, passed 4-16-2014)

§ 93.121 MANUFACTURING ZONE DISTRICT.

(A) General. For each industrial establishment one square foot of sign area for each lineal foot of building frontage on a public street is permitted. Freestanding and wall sign requirements are the same as in the business zones except the maximum total area of all permitted signs shall not exceed 300 square feet.

(B) Location. Requirements shall be the same as for business zones.

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)

§ 93.122 TEMPORARY SIGNS.

Signs listed in this section are subject to the general requirements of this chapter. These signs are classified as temporary signs. All temporary signs shall be set back at least five feet from all property lines and must not interfere with visibility of public rights-of-way. Each type of temporary sign has its own display period, quantity, and/or size regulations that must be met.

(A) Temporary signs exempt from review or permit requirement. The following temporary signs are not required to be reviewed by staff and do not require a permit, but shall comply with the following regulations and the general requirements for signage (see § 93.116). Failure to comply with these requirements will result in an order of removal.

(1) Temporary window signs.

(a) Zoning district. Temporary window signs are allowed in all zoning districts.

(b) Size. Temporary window signs shall not occupy more than 25% of the total ground floor window area on each building facade.

(2) Yard signs.

(a) Zoning district. Temporary yard signs are allowed in all zoning districts.

(b) Size. In all zoning districts, a total of ten square feet of signage shall be permitted, with each sign not exceeding four feet in width or four feet in height.

(c) Election period. During an election period, Agricultural, Conservation, and Residential Districts, a total of 60 square feet of signage shall be permitted, with each sign not exceeding ten square feet. Any Agricultural or Conservation zoned property that is five acres or greater shall be permitted to have 100 square feet of signage, with each sign not exceeding ten square feet. In Business and Manufacturing Districts, a total of 120 square feet of signage shall be permitted, with each sign not exceeding ten square feet.

(d) Duration. Yard signs are permitted for 180 days per calendar year.

(B) Temporary signs with review and permit requirement. The following temporary signs require review by staff and a permit and must comply with the following regulations and the general requirements for signage (see § 93.116). Failure to comply with these requirements will result in an order of removal.

(1) A-frame signs.

(a) Zoning district. A-frame signs are allowed in non-residential districts and in residential districts for non-residential uses.

(b) Location. A-frame signs may be located on the sidewalk, but must meet the five foot setback requirement and must leave at least four feet of sidewalk width on at least one side of the sign so as not to interfere with pedestrian traffic or accessibility.

(d) Size. A-frame signs shall not exceed eight square feet in area.

(e) Display period. A-frame signs may be displayed on a daily basis, but the display shall be limited to business hours. A-frame signs must be stored indoors at all other times. A-frame signs shall not be displayed when severe weather conditions may create a safety risk, such as high winds or heavy snow.

(2) Banners.

(a) Zoning district. Banners are allowed in non-residential districts and in residential districts for non-residential uses.

(b) Location. Banners may be anchored on a wall, in a window, or to posts in the front yard area as long as it meets the five foot setback from the front property line. Banners shall not project above the roof if it is attached to a building and shall not encroach into public rights-of-way.

(d) Size. Banners shall not exceed 32 square feet in area.

(e) Display period. Banners are limited to a display period of 30 days per calendar year.

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2014-14, passed 11-19-2014; Am. Ord. 2020-02, passed 1-16-2020)

§ 93.123 INSPECTION, REMOVAL SAFETY.

Signs for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this and other codes of the county.

(A) Tagging. All signs requiring permits shall display, in a place conspicuous to inspectors, a tag approved by the Administrator and containing such pertinent data as he or she may designate such as name of owner, date or erection, and size in square footage.

(B) Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition.

(C) Removal of sign. The Administrator may order the removal of any sign erected or maintained in violation of this zoning code. They shall give 30-days’ notice in writing to the owner of the sign, or of the building, structure, or premises on which the sign is located, to remove the sign or to bring it into compliance. The administrator may remove a sign immediately and without notice if, in his or her opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.

(Ord. 2014-18, passed 4-16-2014)

§ 93.124 APPEALS.

An owner or lessees of a sign in violation of this zoning code may appeal the violation notice issued by the Zoning Administrator by filing a written appeal form in the office of the Administrator within 30 calendar days of the violation notice. The Zoning Board of Appeals shall hear the appeal in accordance with their usual procedure.

(Ord. 2014-18, passed 4-16-2014)

§ 93.125 ABANDONED SIGNS.

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which the sign is located when the business, which it advertises, is no longer conducted on the premises. If the owner or lessee fails to remove it, the Zoning Administrator shall give the owner 30-days’ written notice to remove it. Upon failure to comply with this notice, the Administrator or his or her duly authorized representative may remove the sign at cost to the owner. Where a successor to a business agrees in writing to the Administrator to maintain the signs as provided in this zoning code, this removal requirement shall not apply.

(Ord. 2014-18, passed 4-16-2014)

§ 93.126 NONCONFORMING SIGNS.

Any building or land use not conforming to the provisions for the zone district in which it is located shall comply with all the sign provisions for the conforming zone. Signs existing at the time of the enactment of this zoning code and not conforming to its provisions but which were constructed in compliance with previous regulations shall be regarded as nonconforming signs. Nonconforming signs, which are structurally altered, relocated, or replaced, shall comply immediately with all provisions of this zoning code.

(Ord. 2014-18, passed 4-16-2014)

§ 93.127 PROHIBITED SIGNS.

Any sign existing in violation of prohibited signs of this Zoning Code shall be removed, altered, or repaired in accordance with the Zoning Code within three months after the date of the passage of this Zoning Code. Prohibited are signs that:

(A) Contain text or graphics that is harmful to minors as defined by state or federal law or that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law.

(B) Contain or are an imitation of an official traffic sign or signals.

(C) Are of a size, location, movement, coloring, or manner of illumination or contain text or graphics which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.

(D) Provide false information related to public safety (e.g., signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrase, symbols, or characters that are presented in a manner as to confuse motorists or imply a safety hazard that does not exist.

(E) Advertise an activity, business, product, or service no longer conducted on the premises upon which the sign is located.

(F) Move in any manner or have a major moving part.

(G) Include, contain or consist of banners, posters, pennants, ribbons, streamers, strings, or light bulbs, spinners or other similarly moving devices. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by this code or any other applicable ordinances.

(H) May swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment.

(I) Mobile marquee.

(Ord. 2020-02, passed 1-16-2020)