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Manhattan City Zoning Code

CHAPTER 15

SIGN REGULATIONS

10-15-1: PURPOSE:

By establishing regulations for on-premises signs, the purpose of this Chapter is to:
   A.   Promote the general health, safety and welfare of the public.
   B.   Protect property values through eliminating visual clutter and light intrusion.
   C.   Create a more attractive economic and business climate.
   D.   Enhance the physical appearance and respect the identity of the community.
   E.   Reduce hazards, obstructions and distractions that may endanger persons and contribute to vehicular accidents.
   F.   Encourage the protection of historic resources.
   G.   Protect the area's natural scenic beauty.
   H.   Provide all businesses an equal opportunity to display signage adequate for people to locate the goods and services they desire. (Ord. 259, 12-7-1999; amd. Ord. 25-001, 6-2-2025)

10-15-2: DEFINITIONS:

Words and phrases used in this Chapter shall have the meanings set forth in this Section:
AWNING: A roof-like structure composed of a skeletal frame, covered with a fabric or similar material, and that projects beyond the wall of a building, generally constructed to provide protection from the weather.
AWNING SIGN: A sign attached to, printed on, or made part of an awning.
CHANGEABLE COPY SIGN: A sign or portion thereof with letters or numbers that can be periodically changed or rearranged without altering the face of the sign.
FREESTANDING SIGN: A permanent sign supported by a structure anchored in the ground and not attached to any building.
ILLUMINATION, EXTERNAL: Illumination of a sign from a concealed light source outside the sign face, whereby light reflects from the exterior of the sign face.
ILLUMINATION, INTERNAL: Illumination of a sign emanating from a concealed light source behind the sign face, whereby light projects through a translucent sign face or silhouettes features of an opaque sign face.
MARQUEE SIGN: A sign attached to or part of a marquee, which is a permanent roof-like structure projecting beyond the wall of a building and generally designed to provide protection from the weather.
MASTER SIGNAGE PLAN: A combined proposal for all signs on two (2) or more contiguous lots, or for all signs on one lot with two (2) or more uses or business establishments.
MONUMENT SIGN: A freestanding sign composed of a solid structure between finished grade and the top of the sign. The solid structure may include a vertical opening of not more than one foot (1').
PORTABLE SIGN: A sign not permanently attached to the ground or to a permanent structure.
PROJECTING SIGN: A sign affixed to a building or wall in such a manner that the sign faces are perpendicular to the building or wall.
ROOF SIGN: A sign constructed wholly on and over the roof of a building.
SIDEWALK SIGN: A temporary and movable, nonilluminated sign placed on the sidewalk immediately in front of the business establishment it serves, and displayed only during business hours.
SUSPENDED SIGN: A sign suspended from the underside of a horizontal surface.
TEMPORARY SIGN: A sign that is placed for a period not to exceed forty- eight (48) hours and is not greater than four square feet (4 sq. ft.).
WALL SIGN: A sign affixed to a building or wall in such a manner that the sign face is parallel to the building or wall. For gasoline service stations and similar uses, signs on the fascia of a protective canopy and signs attached to objects or apparatus beneath the canopy shall be considered as wall signs.
WINDOW SIGN: A sign that may include lettering, pictures or symbols, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or affixed to the glass and is visible from the exterior of the window. (Ord. 259, 12-7-1999; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-2-2025)

10-15-3: SIGNS PERMITTED WITHOUT A PERMIT:

The following signs are permitted in all zoning districts and do not require a permit:
   A.   Architectural Decoration: Decorative or architectural features integral to the design of a building, except moving parts, flashing lights, or letters or trademarks indicating a use or business housed within the building.
   B.   Campaign Signs: Signs erected in conjunction with campaigns for elected public office when erected no sooner than sixty (60) days prior to the election and removed no later than fifteen (15) days following the election.
   C.   For Sale Signs: Signs advertising the sale, lease or rental of the premises on which the sign is located, and which do not exceed six (6) square feet in area.
   D.   Governmental Insignia: Flags, banners, symbols or other insignia of any governmental body or political subdivision.
   E.   Holiday Decorations: Decorative lights and visual elements associated with traditional public or religious holidays and which are displayed only during the normal holiday season.
   F.   Identification Signs: Signs bearing only property numbers, postbox numbers, names of occupants of premises, or other identification of premises. The area of such signs shall not exceed one square foot.
   G.   Information Signs: Signs directing, informing, or guiding pedestrians or vehicles on public or private property, whether erected by public or private bodies, and bearing no advertising matter. The area of such signs shall not exceed two (2) square feet.
   H.   Legal Notices: Posted notices of public hearings or administrative procedures, or other legal notices erected or required by governmental bodies.
   I.   Preexisting Signs: Any sign erected prior to the effective date hereof shall be exempt from the requirements set forth herein. However, any subsequent alteration to a preexisting sign that results in any alteration to its external appearance shall cause the sign to be subject to regulation by this chapter.
   J.   Sidewalk Signs: Sidewalk signs, if not illuminated and if displayed only during business hours of the establishment displaying the sign. The area of a sidewalk sign shall not exceed six (6) square feet.
   K.   Temporary Signs: Temporary signs may be used in any zoning district and must comply with the regulations in section 10-15-4 of this chapter.
(Ord. 259, 12-7-1999; amd. Ord. 09-002, 10-13-2009; Ord. 24-004, 5-9-2024; Ord. 25-001, 6-2-2025)

10-15-4: SIGN REGULATIONS:

   A.   All Districts: All signs requiring permits must comply with the following regulations:
      1.   Awning Signs:
         a.   Placement: An awning sign may be placed only on the valance at the base of an awning or on that portion of a curved awning that is vertical. No sign shall be placed on nonvertical curved or slanted portions of an awning.
         b.   Maximum Height: Maximum height of lettering and other designs of an awning sign shall be eight inches (8").
         c.   Area: The area of one awning sign shall be excluded from the maximum total area of signs allowed on the lot. Additional awning signs shall be calculated as wall signs. Awning signs shall not be allowed above the first floor of a building.
      2.   Changeable Copy Signs: Changeable copy signs are permitted in all but residential districts. This permitted use is contingent upon the continued maintenance of the copy or reader board and the prompt updating of information and replacement of missing letters or numbers to avoid the blighting influence of poorly maintained changeable copy signs.
      3.   Freestanding Signs: Freestanding signs shall not be placed within the sight distance triangle required for traffic safety.
      4.   Historic Signs: Any sign that can be demonstrated to have been erected at least twenty five (25) years prior to the effective date hereof shall be exempt from the requirements set forth herein, so long as the sign is restored to and continues to be maintained in its original condition. Applicants for historic sign designations must be granted a historic sign permit as per section 10-15-6 of this chapter.
      5.   Illuminated Signs: An illuminated sign or lighting device must emit a light of constant intensity, and no sign may be illuminated by or contain flashing, intermittent, rotating or moving lights. Portions of a sign that indicate the current time or temperature shall be allowed to have intermittent illumination. No illuminated sign or lighting device may be placed or directed so that the illumination therefrom causes glare or reflection beyond the property lines of the lot. No exposed light bulbs except Christmas decoration.
      6.   Marquee Signs: Marquee signs shall be calculated as wall signs.
      7.   Master Signage Plan:
         a.   Sign Applications: Sign applications eligible for consideration as part of a master signage plan may, at the discretion of the planning board, be required to be submitted as a master signage plan.
         b.   Projecting Signs: Where projecting signs are permitted in a district, the maximum number of projecting signs in a master signage plan shall be one per use or business establishment.
         c.   Freestanding Signs: Where freestanding signs are permitted in a district, the maximum number of freestanding signs for all uses or business establishments included in a master signage plan shall not exceed two (2).
         d.   Maximum Total Area: For each business establishment greater than one that is included in a master signage plan, the maximum total area of all signs permitted under the master signage plan shall increase by fifty percent (50%) over the total sign area permitted for one use in that district. However, the total area of any individual sign shall not exceed the total area for individual signs permitted in that district, and the maximum height of any sign shall not exceed the maximum sign height permitted in that district.
      8.   Moving Signs: No sign or portion thereof may consist of or contain moving devices, including, but not limited to, banners, pennants, ribbons, streamers, or spinners.
      9.   Signs On Multiple-Frontage Lots: Lots fronting on two (2) or more streets are allowed the permitted sign area for the initial building frontage, and each subsequent building frontage shall be allowed a maximum of twenty five percent (25%) of the permitted sign area for the initial frontage.
      10.   Portable Signs: Portable signs, except for sidewalk signs, are prohibited in all districts. Portable signs that have changeable copy are allowed up to thirty (30) days per organization.
      11.   Roof Signs: Roof signs are prohibited in all districts.
      12.   Suspended Signs: Suspended signs shall be calculated as wall signs or projecting signs, depending on their orientation in relation to the surface of the building to which they are attached.
      13.   Wall Signs: A wall sign shall not project more than one foot (1') from the face of the building to which it is attached. A wall sign attached to the fascia of a protective canopy shall not project horizontally or vertically beyond the edges of the fascia. A wall sign attached to an object or apparatus underneath a protective canopy shall not project horizontally or vertically beyond the edges of the object or apparatus to which it is attached.
      14.   Temporary Signs: Temporary signs may be put up no more than eight (8) hours in advance of the event the sign is advertising and must be removed within eight (8) hours following the conclusion of the event.
   B.   AG Agricultural District:
      1.   Area: Maximum total area of all signs on a lot shall be thirty two (32) square feet.
      2.   Projecting Signs: Projecting signs are permitted in this district.
      3.   Wall Signs: No more than one shall be permitted on a lot.
      4.   Window Signs: Window signs are permitted in this district.
      5.   Freestanding Signs: No more than one shall be permitted on a lot. The maximum height shall be twelve feet (12') with a six foot (6') clearance, and have a ten foot (10') setback.
      6.   Illumination: Internally and externally illuminated signs are permitted in this district.
   C.   RR Rural Residential District:
      1.   Area:
         a.   Permitted Uses: Maximum total area of all signs on a lot for permitted uses shall be eight (8) square feet.
         b.   Conditional Uses: Maximum total area of all signs on a lot for conditional uses shall be sixteen (16) square feet.
      2.   Projecting Signs: Projecting signs are not permitted in this district.
      3.   Wall Signs: No more than one shall be permitted on a lot.
      4.   Window Signs: Window signs are not permitted in this district.
      5.   Freestanding Signs: No more than one shall be permitted on a lot. The maximum height shall be six feet (6'). Freestanding signs of any type other than a monument sign are not permitted in this district.
      6.   Illumination: Internally illuminated signs are not permitted in this district.
   D.   R-1 Low Density Residential District: Maximum total area of all signs on a lot for conditional uses shall be eight (8) square feet.
   E.   R-3 Medium Density Residential District: Maximum total area of all signs on a lot for conditional uses shall be eight (8) square feet.
   F.   CBD Central Business District:
      1.   Area: Maximum total area of all signs on a lot shall be two hundred (200) square feet.
      2.   Projecting Signs:
         a.   Maximum Number: Maximum number permitted on a lot shall be two (2).
         b.   Maximum Total Area: Maximum total area of any projecting sign shall be twenty four (24) square feet.
         c.   Height; Clearance:
            (1)   Maximum height of any projecting sign shall not exceed twenty four feet (24').
            (2)   Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet (8').
            (3)   Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet (14') to bottom of sign.
      3.   Wall Signs: Maximum square feet of signage per linear foot of building frontage: 1.5.
      4.   Window Signs:
         a.   Area: Window signs may cover no more than twenty five percent (25%) of the surface area of the window or door on which such signs are placed. In calculating maximum permitted area, window signs shall be considered to be wall signs.
         b.   Temporary Signs: Temporary window signs shall not be counted into the total signage allowance. Temporary window signs may be displayed without a permit in ground level windows only, and may include, but are not limited to: public notices concerning off- premises special events or public meetings, announcements of on- premises special events; and announcements of sales and specials.
      5.   Freestanding Signs: Freestanding signs are permitted with a maximum height of sixteen feet (16'), and a maximum total area of twenty four (24) square feet.
      6.   Illumination: Internally and externally illuminated signs are permitted in this District.
   G.   NHB Neighborhood Highway Business District:
      1.   Area: Maximum total area of all signs on a lot shall be no more than four hundred (400) square feet.
      2.   Projecting Signs: Projecting signs are permitted in this District.
         a.   Number: Maximum number permitted on a lot shall be two (2).
         b.   Area: Maximum total area of any projecting sign shall be twenty four (24) square feet.
         c.   Height; Clearance:
            (1)   Maximum height of any projecting sign shall be fifteen feet (15').
            (2)   Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet (8').
            (3)   Signs that extend over a driveway an alleyway or pavement shall have a minimum height of fourteen feet (14') to the bottom of the sign.
      3.   Wall Signs: Maximum square feet of signage per linear foot of building frontage: 2.0.
      4.   Freestanding Signs:
         a.   Number: Maximum number permitted on a lot shall be one per zoned lot.
         b.   Specifications: One freestanding sign with a minimum fifteen foot (15') setback with a maximum elevation of 4,312.25 feet above mean sea level (elevation of existing Conoco sign as of December 1999) with a maximum total area of one hundred twenty (120) square feet.
      5.   Illumination: Internally and externally illuminated signs are permitted in this District.
      6.   Setback: No sign shall be placed within the required twelve foot (12') setback from public street and highway frontages, where such required setback has been established.
   H.   L-1 Light Industrial District:
      1.   Area: Maximum total area of all signs on a lot shall be two hundred (200) square feet.
      2.   Projecting Signs: Projecting signs are permitted in this District.
         a.   Number: Maximum number permitted on a lot shall be two (2).
         b.   Area: Maximum total area of any projecting sign shall be twenty four (24) square feet.
         c.   Height; Clearance:
            (1)   Maximum height of any projecting sign shall be fifteen feet (15').
            (2)   Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet (8').
      3.   Wall Signs: Maximum square feet of signage per linear foot of building frontage: 2.0.
      4.   Freestanding Signs:
         a.   Number: Maximum number permitted on a lot shall be one per one hundred feet (100') of frontage on each public street abutting the lot.
         b.   Area: Maximum total area of any freestanding sign shall be:
            (1)   Fifty (50) square feet if set back at least twenty five feet (25') from a public right of way.
            (2)   Thirty four (34) square feet if set back less than twenty five feet (25') from a public right of way.
         c.   Height: Maximum height of any freestanding sign shall be eight feet (8').
      5.   Illumination: Internally and externally illuminated signs are permitted in this district. (Ord. 259, 12-7-1999; amd. Ord. 09-003, 10-13-2009; Ord. 25-001, 6-2-2025)

10-15-5: AREA COMPUTATION; PERMITTED DEVIATIONS:

   A.   Computation Of Sign Area:
      1.   Measurement Of Sign Area: Sign area shall comprise the length times the width of a sign at the outside edge. Circular or other alternative shapes shall not exceed maximum square footage.
      2.   Area Of Multifaced Sign: The area of a sign with more than one face shall be computed by using the length times the width of each face visible from any one point.
   B.   Permitted Deviations From Sign Regulations:
      1.   Exceptional Cases: To accomplish the purpose of this chapter, and to produce an environment, landscape quality or architectural character superior to that produced by the standard sign regulations, in exceptional cases it may be necessary to deviate from the strict application of the sign regulations prescribed herein.
      2.   Recommendation Of Planning Board: In such exceptional cases, the planning board may recommend and the town council may authorize deviations beyond or below minimum or maximum standards for signs, respectively, if it is demonstrated in the submittal that the deviation will produce an environment, landscape quality or architectural character superior to that produced by the standard sign regulations.
      3.   Application: An application for deviation shall be subject to the submittal and approval requirements of section 10-15-6 of this chapter and shall be accompanied by sufficient documentation to illustrate the superior environment, landscape quality or architectural character that the deviations will produce, over and above compliance with the standard sign regulations. (Ord. 259, 12-7-1999; amd. Ord. 25-001, 6-2-2025)

10-15-6: APPLICATION PROCEDURE:

   A.   Permit Required: Prior to placing, erecting or modifying any sign requiring a permit under this chapter, the owner of the lot shall obtain a sign permit.
   B.   Required Documentation: The application for a sign permit shall consist of:
      1.   A letter of intent stating the owner’s name and address.
      2.   Accurate, scaled drawing of the proposed sign or signs.
      3.   An accurate, scaled drawing of the proposed location of the sign or signs on the building(s) and lot(s).
      4.   Where one or more deviations are requested, sufficient explanation of the result to be obtained from the proposed deviation, in comparison to compliance with the standard sign regulations, to allow the planning board and town council to make a reasoned decision on the application.
      5.   The application for a sign permit shall be accompanied by a fee, the amount of which shall be set and amended as necessary by resolution. No permits shall be reviewed or issued unless or until such fee is paid in full.
   C.   Submittal To Zoning Administrator: Applications for sign permits shall be submitted to the town hall, which shall review applications as follows:
      1.   Applications Not Requesting Deviations: The zoning administrator shall review the application materials and, upon finding that the application materials are complete and that the proposed sign or master signage plan conforms to the intent and regulations of this chapter, may approve, approve with conditions, or deny an application for a sign permit without deviations.
      2.   Applications Requesting Deviations: For an application with deviations, the planning board shall hold a public hearing on the proposed sign or master signage plan. At the public hearing, interested parties and citizens shall have an opportunity to be heard. Following the public hearing, the planning board shall make a recommendation to the town council, which shall also hold a public hearing prior to making a decision for approval, approval with conditions, or denial.
   D.   Notice Of Hearing: Notice of the public hearings for a sign permit before the planning board and town council shall be prominently posted on the front of the lot where the proposed sign is to be installed. Such notice shall be posted at least fifteen (15) days prior to the public hearing and shall remain posted until the public hearing is closed.
   E.   Master Signage Plan: Application and review procedures for a master signage plan shall be the same as for a single sign permit.
   F.   Historic Sign Permit: Applicants requesting designation of a sign as a “historic sign” shall be required to document, for review by the planning board, the date when the sign was erected and the dates of subsequent alterations. Historic sign applications are subject to the public hearing procedures of this section.
(Ord. 259, 12-7-1999; amd. Ord. 298, 8-9-2004; Ord. 25-001, 6-2-2025)

10-15-7: APPEALS OF TOWN COUNCIL DECISION REGARDING SIGN PERMITS WITH DEVIATIONS:

   Any person or persons, jointly or severally aggrieved by any decision of the Town Council, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision of the office of the Board.
(Ord. 24-004, 5-9-2024; amd. Ord. 25-001, 6-2-2025)

10-15-8: APPEALS OF ZONING ADMINISTRATOR DECISION REGARDING SIGN PERMITS WITHOUT DEVIATIONS:

   Any person or persons, jointly or severally aggrieved by any decision of the zoning administrator, may present to the Board of Adjustments a petition, duly verified, setting forth that such decision is unfounded, in whole or in part, specifying the grounds of the complaint. Such petition shall be presented to the Board of Adjustments within thirty (30) days after the filing of the decision of the zoning administrator.
(Ord. 24-004, 5-9-2024; amd. Ord. 25-001, 6-2-2025)

PENALTY:

   Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code.
(Ord. 259, 12-7-1999; amd. Ord. 25-001, 6-2-2025)