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Manchester City Zoning Code

SIGNS

§ 151.145 INTENT AND PURPOSE.

   (A)   The intent of §§ 151.145 et seq. is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. While this chapter recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the village, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists.
   (B)   To achieve its intended purpose, §§ 151.145 et seq. has the following objectives:
      (1)   To prevent the placement of signs in a manner that will conceal or obscure signs or adjacent businesses;
      (2)   To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products;
      (3)   To keep signs within a reasonable scale with respect to the buildings they identify;
      (4)   To reduce visual distraction and obstructions to motorists traveling along, entering, or leaving streets;
      (5)   To promote a quality manner of display which enhances the character of the village;
      (6)   To prevent the proliferation of temporary signs which might promote visual blight; and
      (7)   To eliminate the potential for any adverse effects on the neighboring properties.
(Ord. 239, passed 3-5-2001, § 8.1; Am. Ord. 289, passed 6-2-2014)

§ 151.146 GENERAL CONDITIONS.

   (A)   Location. All signs must advertise a business or service on the premises upon which the sign is located and to which the sign is accessory, unless otherwise specified herein.
   (B)   Illumination.
      (1)   No sign shall be illuminated by other than electrical means.
      (2)   The light from illuminated signs shall be directed and shielded in a manner that will not interfere with vehicular traffic or the enjoyment and use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candle along the adjacent property line. All externally illuminated signs shall have a shielded light fixture.
      (3)   No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing, except that movement showing the date, the time and the temperature exclusively may be permitted.
      (4)   Internal illumination shall be permitted under the following circumstances:
         (a)   Individual back-lit letters which are silhouetted against softly illuminated walls;
         (b)   Individual letters with translucent faces, containing soft lighting elements inside each letter; and
         (c)   Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes;
      (5)   Only indirectly illuminated signs shall be allowed in any residential district.
      (6)   Internally-illuminated plastic signs with dark-colored detachable letters shall be strictly prohibited in all districts.
      (7)   Gas-filled light types (fluorescent) shall be allowed for indirect illumination and when placed in such a manner that the tubes are not exposed to view from any point along the roadway or sidewalk.
      (8)   Rear-illuminated (backlit) awnings are prohibited.
      (9)   Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window.
   (C)   Safety.
      (1)   All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the village. In the event of conflict between this chapter and other laws, the most restrictive shall govern.
      (2)   All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or pedestrian movement on any public sidewalk.
      (3)   No sign shall be erected, relocated, or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape.
   (D)   Landscape quality and preservation. In the application of this chapter, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
      (1)   Do not interfere with scenic views;
      (2)   Do not create a nuisance to persons using the public right-of-way;
      (3)   Do not constitute a nuisance to occupancy of adjacent and continuous property by their brightness, size, height, or movement;
      (4)   Are not detrimental to land or property values; and
      (5)   Contribute to the special character of particular areas or districts in the village.
   (E)   Signs prohibited in all districts.
      (1)   Roof signs;
      (2)   Signs containing flashing, intermittent or moving lights, moving or revolving parts, or reflecting parts which may distract drivers. This provision is not intended to exclude those signs which give the time or temperature, provided no other animated messages are displayed;
      (3)   Signs affixed to trees, rocks, shrubs, or similar natural features, except signs denoting a site of historic significance;
      (4)   Signs which imitate traffic signals, traffic direction signs, or similar traffic-control devices, and signs which make use of words such as “Stop,” “Look,” “Danger,” or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic;
      (5)   Temporary signs mounted upon trucks, vans, or other wheeled devices, except for political signs. Signs permanently painted on, or otherwise permanently displayed upon, a vehicle licensed and operating on the public streets and highways, identifying the owner's occupation or livelihood, shall be permitted;
      (6)   Signs other than those erected by a public agency which are located within or overhang the public right-of-way or on public property, unless otherwise specified herein;
      (7)   Any sign or sign structure which constitutes a hazard to public health and safety due to inadequate maintenance; and
      (8)   Any sign unlawfully installed, erected, or maintained.
   (F)   Signs permitted in all districts.
      (1)   Nameplates not exceeding 2 square feet in size;
      (2)   Political signs for public office or issues to be determined by election may be erected 45 days prior to an election. The signs shall be erected on private property only and no less than 100 feet from any entrance to a building in which a polling place is located. All signs shall be removed 5 days following Election Day;
      (3)   Directional signs which indicate the direction of traffic flow on private property. Directional signs shall not exceed 2 square feet in size, shall contain no advertising, and may be illuminated; and
      (4)   Street numbers.
(Ord. 239, passed 3-5-2001, § 8.2; Am. Ord. 289, passed 6-2-2014) Penalty, see § 151.999

§ 151.147 PERMITTED FREESTANDING SIGNS.

   (A)   General requirements.
      (1)   One freestanding sign shall be permitted per premises which has frontage on only 1 public road.
      (2)   Two freestanding signs shall be permitted per premises which has frontage on 2 public roads. One sign shall not exceed the area requirements set forth herein. The second sign shall not exceed 50% of the area requirements set forth herein. Maximum sign area is provided in Table A below.
      (3)   A freestanding sign shall have a setback of 10 feet from a public road right-of-way and a setback distance equal to the height of the sign from all other property boundaries.
      (4)   Within all residential zoning districts, only 1 ground sign shall be permitted per zoning lot for the purpose of identifying a non-residential special land use. Size and location shall be determined during site plan review.
      (5)   All internally illuminated free-standing signs shall have a background darker than the lettering. If a free-standing sign has an opaque background and only the letters are illuminated, it may have a non-illuminated light background.
   (B)   Specific requirements. Freestanding signs shall be permitted by district in accordance with the following requirements.
   Table A - Maximum Sign Dimensions for Freestanding Signs
District
Height Limit
Square Foot Limit (per side)
Setback
District
Height Limit
Square Foot Limit (per side)
Setback
CBD
6 feet
25 square feet
10 feet
C-2
8 feet
25 square feet
10 feet
OS
6 feet
20 square feet
10 feet
I-1
6 feet
30 square feet
10 feet
I-2
10 feet
40 square feet
10 feet
R1-3
6 feet
20 square feet
10 feet
MHP
6 feet
20 square feet
10 feet
 
(Ord. 239, passed 3-5-2001, § 8.3; Am. Ord. 289, passed 6-2-2014) Penalty, see § 151.999

§ 151.148 PERMITTED WALL SIGNS.

   (A)   Generally. The following wall signs shall be permitted in the following districts in accordance with the regulations herein.
   (B)   General requirements.
      (1)   No wall sign shall be erected to extend above the top of the wall to which it is attached, nor extend beyond the ends of the wall to which it is attached. Signs erected on the vertical portion of the mansard roof are considered to be wall signs.
      (2)   All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts, or expansion screws. In no case shall any wall sign be secured with wire, straps of wood, or nails.
      (3)   (a)   There shall be no more than 1 wall sign permitted for each building.
         (b)   Buildings which have frontages on 2 public rights-of-way are permitted a wall sign on both building frontages, provided total square foot area requirements set forth in division (C) below are not exceeded.
      (4)   For buildings with distinct and separate uses, separate wall signs shall be permitted for each use. However, the total allowable square footage shall not exceed the maximum allowable square footage specified for each district.
   (C)   Specific requirements. Wall signs shall be permitted by the district in accordance with the following requirements.
 
District
Height
Area
CBD and C-2 Districts; all permitted and special uses
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 100 square feet
OS District
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
I-1 and I-2 Districts; all permitted and special uses
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
R-1A, R-1B, R-2, and R-3 Districts; all nonresidential permitted and special uses such as schools, churches, parks, and municipal buildings
2 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 20 square feet
R-1A, R-1B, R-2, and R-3 Districts; identification signs for all residential developments
2 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 20 square feet
 
(Ord. 239, passed 3-5-2001, § 8.4) Penalty, see § 151.999

§ 151.149 PERMITTED PROJECTING SIGNS.

   (A)   Projecting and suspended signs shall be permitted in CBD Central Business Districts.
   (B)   The surface area of the projecting or suspended sign shall not exceed 20 square feet on each side or a total of 40 square feet. The total square feet of signage (both sides) shall be subtracted from the total allowable wall signage square footage for the district
   (C)   The bottom of the projecting or suspended sign shall be a minimum of 8 feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic.
(Ord. 239, passed 3-5-2001, § 8.5) Penalty, see § 151.999

§ 151.150 PERMITTED TEMPORARY SIGNS.

   (A)   Generally. The following temporary signs shall be permitted in accordance with the regulations herein.
   (B)   Permitted real estate.
      (1)   One nonilluminated sign used for advertising land or buildings for rent, lease, or sale shall be permitted in any district, provided the signs are located on the property intended to be rented, leased, or sold. The signs shall not exceed an area of 6 square feet and a height of 4 feet in all residential districts, and an area of 32 square feet and a height of 12 feet in all other districts. The signs must be removed 7 days after closing. Real estate open house and directional signs are limited to use on the day of the event, and are allowed in the public right-of-way.
      (2)   Signs listing persons or firms connected with construction or work being performed are prohibited.
   (C)   Temporary signs and promotional signs and banners.
      (1)   Temporary promotional sign or banner. In all districts, the Zoning Administrator may allow a business to use 1 temporary promotional sign or banner for a period of up to a 45 days. The use of temporary promotional signs or banners is limited to 4 times per calendar year. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and area for the zoning district in which they are located.
      (2)   Allowable portable display signs.
            (a)   Definition.  PORTABLE DISPLAY SIGNS are defined as follows:
               1.   SANDWICH-BOARD TYPE. Two rigid boards, connected at the top to form an A-frame, with the faces of the board extending to within 6 inches of the ground;
               2.   EASEL TYPE. A single board, held vertically or almost vertically, and supported with leg(s) extending from the top of the board to the ground to form an A-frame. The board shall extend to within 6 inches of the ground;
               3.   DOUBLE-SIDED TYPE. A single board with display faces on each side, standing vertical and supported at the bottom.
            (b)   Location.
               1.   In commercial zones (OS, C-2, and CBD), 1 portable display sign shall be permitted per building or business, placed directly in front of that business or property.
               2.   In the Central Business District (CBD), portable display signs must be placed so that the outer edge of the display shall be not more than 30 inches from the face of the building.
               3.   For buildings with distinct and separate uses, 1 portable display sign shall be permitted for each principal public building entrance, adjacent to that principal public building entrance.
               4.   In the C-1 and C-2 Districts, portable display signs must be placed at least 2 feet off the inside of the sidewalk.
            (c)   Specifications. Maximum height shall not exceed 5 feet. Maximum width shall not exceed 2 feet. Portable display signs must be self-supporting and structurally stable under all reasonable wind and weather conditions. Business owners will be free to design high-quality creations with minimum restrictions, encouraging hand-painted, carved, and unique signage on a flat surface. Portable display signage is encouraged to be visually consistent with the architecture within the district the signs are used.
            (d)   Restrictions.
               1.   Must advertise the adjacent business.
               2.   Shall not be attached to any stationary fixture in the public sidewalk or common areas.
               3.   Must not obstruct any driveway, or the sight lines of motorists entering or exiting a driveway or street.
               4.   Are the responsibility of the sign owner to remove during inclement weather.
               5.   Shall be used only during hours of operation and must not be left on the sidewalk overnight.
               7.   Illumination is prohibited.
               8.   Must be kept in good condition.
               9.   All portable display signs are, at all times, subject to removal at the order of the police or Village Manager for emergencies, major events, and right-of-way maintenance.
            (e)   Permitting process. All portable display signs require submission of an application and a 1-time issuance of a permit. New or replacement signs require a new permit.
               1.   A certificate of insurance coverage, naming the village as an additional insured party in the amount of at least $1,000,000 for public liability and property damage associated with the use and placement of the sign, must be filed with the Zoning Administrator, if the portable display sign is to be placed in the public right-of-way.
               2.   A hold harmless and indemnification agreement, signed on behalf of the business, must be filed with the Zoning Administrator.
               3.   Application and permit fees shall be established by the Village Council.
      (3)   Allowable civic and charitable activity signs.
            (a)   Permission to display a sign or banner for civic or charitable activity may be authorized by the Zoning Administrator and requires a permit.
            (b)   Non-profit community groups may display portable display signs on the public right-of-way next to a business in the Central Business District within 5 days of, during, and no more than 24 hours after, their event, with the permission of that business owner. The business owner does not forfeit the right to display their own business sign. The non-profit signs should fall under the same design and permitting standards as the for-profit portable display signs, except for the insurance requirement (division (C)(2)(e)1.).
      (4)   Promotional light pole banners are permitted with Council approval. Promotional street banners are permitted on village-controlled streets with the Zoning Administrator’s approval. All promotional banners that are not properly maintained shall be removed at the order of the Zoning Administrator.
      (5)   All other promotional signs and banners are strictly prohibited.
(Ord. 239, passed 3-5-2001, § 8.6; Am. Ord. 269, passed 4-7-2008)  Penalty, see § 151.999

§ 151.151 PERMITTED BILLBOARDS.

   (A)   Generally. The following regulations shall apply to billboards.
   (B)   Where permitted. Billboards shall be permitted only in the I-2 District, subject to the standards contained herein, and the Highway Advertising Act of 1972, as amended.
   (C)   Spacing.
      (1)   Not more than 3 billboards may be located per linear mile of street or highway regardless of the fact that the billboards may be located on different sides of the street or highway. The linear mile measurement shall not be limited to the boundaries of the Village of Manchester where the particular street or highway extends beyond the boundaries. Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only 1 face visible to traffic proceeding from any given direction on a street or highway shall be considered as 1 billboard. Additionally, billboard structures having tandem billboard faces (i.e., 2 parallel billboard faces facing the same direction and side by side to one another) or stacked billboard faces (i.e., 2 billboard faces facing the same direction with 1 face being directly above the other) shall be considered as 1 billboard. Otherwise, billboard structures having more than 1 billboard face shall be considered as 2 billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in division (C)(2) below.
      (2)   No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway.
      (3)   No billboard shall be located within 200 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall instead be 300 feet.
      (4)   No billboard shall be located closer than 75 feet from a property line adjoining a public right-of-way or 10 feet from any interior boundary lines of the premises on which the billboard is located.
   (D)   Height. The height of a billboard shall not exceed 30 feet above the level of the street or road upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon 2 streets or roads having different levels, the height of the billboard shall be measured from the higher street or road.
   (E)   Surface area. The surface display area of any side of a billboard may not exceed 300 square feet. In the case of billboard structures with tandem or stacked billboard faces, the combined surface display area of both faces may not exceed 300 square feet.
   (F)   Illumination. A billboard may be illuminated, provided the illumination is concentrated on the surface of the sign and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.
   (G)   Construction and maintenance.
      (1)   No billboard shall be on top of, cantilevered, or otherwise suspended above the roof any building.
      (2)   (a)   A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity.
         (b)   A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.
(Ord. 239, passed 3-5-2001, § 8.7) Penalty, see § 151.999

§ 151.152 MISCELLANEOUS PERMITTED SIGNS.

   (A)   Directory signs. For offices, office parks, industrial parks, and multi-tenant buildings in the CBD, directory signs which identify only the names and locations of occupants or uses within a building on a lot shall be permitted in addition to other signs permitted under these regulations.
      (1)   No more than 1 directory sign per lot is permitted, except where a lot has frontage on no less than 2 sides.
      (2)   No directory sign shall exceed 24 square feet in area or 6 feet in height from finished grade.
      (3)   No directory sign shall be located closer than 50 feet to any property line in all Districts except the CBD.
   (B)   Menu board. One menu board for a drive-in or drive-through restaurant shall be permitted in addition to other signs permitted under these regulations, provided the sign does not exceed 16 square feet in area or 6 feet in height from finished grade.
   (C)   Changeable copy signs. Manual changeable copy signs shall be permitted when incorporated into a permitted wall or ground sign, provided that the area devoted to changeable copy does not exceed 20% of the permissible sign area.
      (1)   Lettering used on manual changeable copy signs directed to local or collector streets shall not exceed 3 inches in height.
      (2)   Lettering used on manual changeable copy signs directed to secondary or major arterial streets shall not exceed least 6 inches in height.
      (3)   Lettering used on manual changeable copy signs directed to pedestrians shall be at least 2 inches in height.
   (D)   Off-premises directional signs. Off-premises directional signs directing vehicular traffic to a church, governmental building, or educational institution may be permitted in all districts subject to the review of the Planning Commission and the following standards.
      (1)   No more than 2 signs per use shall be permitted.
      (2)   The size of an off-premises directional sign shall not exceed 2 square feet in size.
      (3)   The height of an off-premises directional sign shall be no less than 3 feet nor exceed 6 feet. However, variations in height may be granted by the Planning Commission to accommodate vehicular visibility to avoid obstruction to visibility.
      (4)   Illumination shall not be permitted.
      (5)   Permission of the property owner where the proposed sign is to be located must be provided.
   (E)   Historic markers.
      (1)   If a structure within the village has been designated a state historical site or listed in the National Register of Historic Places, then a marker designating that fact, obtained from the appropriate state or federal agency, shall be permitted in addition to any other sign or signs which may lawfully be placed on the structure or the property on which the structure is located.
      (2)   Anyone wishing to place a historic marker on a structure or property shall complete and file a sign permit application with the Zoning Administrator. No fee shall be charged for a historic marker application.
      (3)   The Planning Commission shall review the proposed placement of the historic marker and no historic marker shall be placed on any structure or property unless a permit has been approved by the Planning Commission.
   (F)   Window signs.
      (1)   Any sign, excluding the posting of hours of operation and/or street and building address, which is painted or mounted onto a window pane, or which is hung directly inside the window with the purpose or effect of identifying any premises from the sidewalk or street. Window signs shall not exceed more than 30% of the window area in which they are displayed.
      (2)   Nontemporary signs hung inside windows shall be made of clear materials, such as transparent plastic, with lettering painted or attached to them, with all hours of operation, credit card and address signs being exempt.
      (3)   Window signs do not require sign permits, nor count in the calculation of total building signage permitted.
      (4)   Permanent and/or illuminated window signs require a permit and application.
   (G)   Mural signs. When a mural or graphic includes identification of an establishment or specific services, good, or products, or a representation of the types of services, good, or products provided on the site, the mural area will count towards the total permitted wall sign area. Murals are subject to conditional land approval based upon a recommendation from the Planning Commission and the following standards.
      (1)   No mural may be placed on any building or structure that includes nonconforming signs.
      (2)   Only 1 wall, facade, or surface of a building or structure may be used for a mural.
      (3)   A wall, facade, or surface that is used for a mural pertaining to the business on which it is located shall be counted as 1 sign. A mural will count towards the total wall signage allowed for the business; however, the Village Council in its sole discretion may permit murals of larger size. Larger murals shall be permitted when determined to demonstrate at least 1 of the following:
         (a)   Accentuates the historic features of the building;
         (b)   Masks an unattractive building facade;
         (c)   Creates an aesthetically pleasing amenity; and/or
         (d)   Superior in aesthetics to an attached wall sign;
      (4)   The owner of record of the building or structure on which the proposed mural is to be placed shall, in writing, consent to the placement of the mural on the property, and shall agree to restore the wall, facade, or surface upon which the mural is placed to its prior existing condition if and at the time the mural is not maintained by the applicant. The permit application shall include a statement detailing the applicant’s plans for the maintenance of the mural.
      (5)   In the review of the conditional land use, the Village Council shall grant approval only if the following criteria are met.
         (a)   The placing of the proposed mural at the location selected by the applicant would not constitute a significant traffic safety hazard.
         (b)   Neither the mural, nor the placement of the mural, would endanger the public health, safety, or general welfare.
         (c)   Neither the mural, nor the placement of the mural, would be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed location.
(Ord. 239, passed 3-5-2001, § 8.8) Penalty, see § 151.999

§ 151.153 PERMITS REQUIRED.

   (A)   It shall be unlawful to display, erect, relocate, or alter any sign without obtaining a sign permit, except where otherwise noted within this chapter.
   (B)   A permit shall be issued by the Zoning Administrator only if the proposed sign meets all requirements of this chapter, provided if an alteration of an existing sign is limited to the information communicated on the sign without increasing its size, structural modification of the sign shall not be required.
   (C)   (1)   When a sign permit has been issued by the village, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without prior approval of the building official.
      (2)   A written record of the approval shall be entered upon the original permit application and maintained in the files of the village.
   (D)   (1)   The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent, or a sign contractor.
      (2)   The applications shall be made in writing on forms furnished by the village and shall be signed by the applicant.
   (E)   The application for a sign permit shall be accompanied by the following plans and other information:
      (1)   The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;
      (2)   The location by street address of the proposed sign structure;
      (3)   Complete information as required on application forms including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and the other data as are pertinent to the application;
      (4)   Plans indicating the scope and structural detail of the work to be done, including details of all connections, guylines, supports and footings, and materials to be used;
      (5)   The application, including all required information, for an electrical permit if the sign will have an electrical connection; and
      (6)   A statement of valuation.
(Ord. 239, passed 3-5-2001, § 8.9) Penalty, see § 151.999