Martinsburg City Zoning Code

ARTICLE 1331

Signs

1331.01 GENERAL PROVISIONS.

(a) Purpose. Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this Article is to regulate all signs within the City to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:

(1) Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of the City;

(2) Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists;

(3) Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion;

(4) Establishing a process for the review and approval of sign permit applications; and

(5) Ensuring sign design that builds on the traditional town image and visual environment the City seeks to promote.

(b) Applicability. Any sign erected, altered, or maintained after the effective date of this Ordinance shall conform to the regulations specified in this Ordinance.

(c) Alteration of Sign Face. The physical alteration of a Sign face shall not be considered the same as construction of a new Sign and shall not be subject to dimensional requirements of this Article.

(d) Alteration of Supporting Sign Structure. The physical alteration of a supporting Sign Structure shall be considered the same as construction of a new Sign and shall require a Sign Permit and conformity to all dimensional requirements of this Article.

(e) Signs on Public Property Forfeited. Any Sign installed or placed on public property or within a public right-of-way, except in conformance with the requirements of this article, shall be forfeited to the public and is subject to confiscation. In addition to other remedies hereunder, the City Engineer/Planning Director or designee shall have the right to recover from the Owner or Person placing such a Sign the full costs of removal and disposal of such Sign.

(f) Vacant Parcels. Land completely void of a permissible Use shall also be completely void of all Signs, except for governmental Signs, warning Signs, Temporary Signs associated with a Temporary Use, and real estate Signs, all of which must be in compliance with this Article.

(g) Violations. Any of the following shall be a violation of this Article and shall be subject to the enforcement remedies and penalties provided by this Article, by the other provisions of the Zoning Ordinance, and by State law:

(1) To install, create, erect, or maintain any Sign in a way that is inconsistent with any plan or permit governing such Sign or the Lot on which the Sign is located;

(2) To install, create, erect, or maintain any Sign requiring a permit without such a permit;

(3) To fail to remove any Sign that is installed, created, erected, or maintained in violation of this Article, or for which the Sign Permit has lapsed; or

(4) To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this Ordinance. Each Sign installed, created, erected, or maintained in violation of this Ordinance shall be considered a separate violation when applying the penalty portions of this Ordinance.

(h) Enforcement and Remedies. The enforcement provisions of Section 1321.08 (e) are applicable to any violation or attempted violation of this Article or of any condition or requirement adopted pursuant hereto, and for such purposes a Sign shall be considered a Structure. Additionally, in the case of a Sign that poses an immediate danger to the public health or safety, the City may take such measures as are available to the City under the applicable provisions of the City’s other Ordinances and building code for such circumstances.

(i) Excluding Wall Signs, Suspended Signs, Projecting Signs, Canopy/Awning Signs, and Window Signs, all Signs advertising a business shall be separated by a distance of not less than fifty (50) feet. (Ord. 2021-7. Passed 7-21-21.)

1331.02 DEFINITIONS.

A-FRAME SIGN – A small unlit freestanding, on-site, portable Ground Sign that is displayed during business hours and removed when the business is closed. An A-Frame Sign shall abide by the Encroachment provisions specified in Article 5.

ABANDONED SIGN – A Sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the Sign is located. Whether a Sign has been abandoned or not shall be determined by the intent of the owner of the Sign and shall be governed by applicable State Case Law and Statutory Law on abandoned structures.

ALTERATION – A change in the size or shape of an existing Sign. Copy or color change of an existing Sign is not an alteration. Changing or replacing a Sign face or panel is not an alteration.

ANIMATED SIGN – A Sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:

(1) Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

(2) Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

(3) Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

A. Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.

B. Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

ARCHITECTURAL PROJECTION – Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also: Awning; Back-lit Awning; and Canopy, Attached and Freestanding.

AWNING – An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

AWNING SIGN – A Sign displayed on or attached flat against the surface or surfaces of an awning. See also: Wall or Fascia Sign. Only the Sign or copy area displayed on an awning shall be used to determine the permitted Sign area – the entire awning shall not be included in a Sign Area calculation (See Figure 1331-1, Awning Sign).

Figure 1331-1 – Awning Sign

BACK-LIT AWNING – An awning comprised of covering material exhibiting the characteristic of luminosity obtained by means of a source of illumination contained within its framework.

BILLBOARD – See Outdoor Advertising (Billboard) Signs.

BUILDING FACADE – That portion of any exterior elevation of a Building extending vertically from grade to the top of a Parapet wall or eaves and horizontally across the entire width of the building elevation.

BUILDING SIGN – A Sign that is applied or affixed to a Building.

CANOPY, ATTACHED – A multi-sided overhead Structure or architectural projection supported by attachment to a Building on one or more sides and either cantilevered from such Building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. Similar to a Marquee Sign.

CANOPY, FREESTANDING – A multi-sided overhead Structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.

CANOPY SIGN – A Sign affixed to the visible surface(s) of an attached or Freestanding Canopy. May be internally or externally illuminated. Similar to a Marquee Sign.

CHANGEABLE COPY SIGN – A Sign on which message copy is changed manually in the field through attachment of letters, numbers, symbols and other similar characters of changeable pictorial Panels; also known as a reader-board Sign.

CHANGEABLE SIGN – A Sign with the capability of content change by means of manual or remote input, includes the following types:

(1) Manually Activated – A Changeable Sign whose message copy or content can be changed manually on a display surface.

(2) Electrically Activated – A Changeable Sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Electronic Message Center.

COMBINED DEVELOPMENT – Two or more establishments or businesses occupying a common Building or adjoining Buildings which are designed and developed in a coordinated manner and which share parking, Driveways and other common facilities.

COMMERCIAL MESSAGE – Any Sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

CONFORMING SIGN – A Sign that is legally installed in conformance with all prevailing jurisdictional laws and ordinances.

COPY – The graphic content or message of a Sign.

COPY AREA OF SIGN – The actual area of the Sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background.

DIRECTIONAL SIGN – Any Sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

DOUBLE-FACED SIGN – A Sign with two faces, back to back.

DYNAMIC FRAME EFFECT – An Electronic Message Sign frame effect in which the illusion of motion and/or animation is used,

ELECTRIC SIGN – Any Sign activated or illuminated by means of electrical energy.

ELECTRONIC MESSAGE BOARD – A Sign which displays messages, such as time and temperature, in alternating light cycles.

ELECTRONIC MESSAGE CENTER SIGN (EMC) – An electrically activated changeable Sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. EMCs typically use light emitting diodes (LEDs) as a lighting source. (See also following terms principally associated with Electronic Message Centers: Display Time, Dissolve, Dynamic Frame Effect, Fade, Frame, Frame Effect, Scroll, Transition, Travel).

ENTRANCE SIGN – A type of Ground Mounted Sign placed at the point of entry to a residential development or to a Street providing direct and sole access to an individual business or institutional Use located within a Combined Development or Commercial Subdivision.

EXTERIOR SIGN – Any Sign placed outside a building.

EXTERNALLY ILLUMINATED SIGN – See Illuminated Sign.

FAÇADE – See Building Facade.

FACSIMILE SIGN – An oversized, three-dimensional object, such as a chicken bucket, automobile (or automobile part), or human figure, which may or may not contain advertising matter, and may or may not contain information about products sold on the premises, and is located in such a manner as to attract attention.

FASCIA SIGN – See Wall Sign.

FLASHING SIGN – See Animated Sign, Electrically Activated.

FONT – A set of letters, numerals, symbols, or shapes conforming to a specific set of design criteria.

FOOT CANDLE – An English unit of measurement of the amount of light falling upon a surface (illuminance). One-foot candle is equal to one lumen per square foot. Can be measured by means of an illuminance meter.

FRAME – A complete, static display screen on an Electronic Message Sign.

FRAME EFFECT – A visual effect on an Electronic Message Sign applied to a single frame. See also Dynamic Frame Effect.

GALLERY – See Article 1323 , Definitions.

GALLERY SIGN – A Sign affixed to a Gallery.

GROUND MOUNTED SIGN – A free-standing Monument Sign with its base permanently attached to concrete foundations directly placed in or upon the ground. For the purposes of this Ordinance, a Ground-Mounted Sign shall be defined as one of the following: (1) two Sign faces that are located back-to-back on a single Structure, or (2) as an option only for entrances to subdivisions (residential and non-residential), two separate single-faced Signs.

GROUND MOUNTED SIGN, LOW PROFILE – A Ground Mounted Sign that that is no more than twelve (12) square feet in area and no more than five (5) feet in height.

GROUND MOUNTED SIGN, MEDIUM PROFILE – A Ground Mounted Sign that is no more than seventy-two (72) square feet in area and no more than ten (10) feet in height.

GROUND MOUNTED SIGN, HIGH PROFILE TYPE 1 – A Ground Mounted Sign that is no more than one hundred (100) square feet in area and no more than thirty (30) feet in height.

GROUND MOUNTED SIGN, HIGH PROFILE TYPE 2 – A Ground Mounted Sign that is no more than two hundred (200) square feet in area and no more than seventy-five (75) feet in height. The Type 2 Sign is for commercial uses located not more than four hundred (400) feet from the center line of the Interstate 81 right-of-way.

IDENTIFICATION SIGN – A Sign that identifies or names a Building and that may include the name of a Building, the Street name and number of a Building, and a logo or other symbol but does not include general advertising of products, goods or services.

ILLUMINATED SIGN – A Sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

INDIRECT ILLUMINATION – Illumination which reflects light from an artificial light source intentionally directed upon a surface. This shall also include silhouettes of letters or symbols placed before a background of reflected light. Indirect Illumination Signs are prohibited within the City.

MARQUEE SIGN – A Sign attached to the face of a Marquee and not projecting above or beneath said Marquee face (See Figure 1331-2, Marquee Sign).

Figure 1331-2 – Marquee Sign

MONUMENT SIGN – A Ground-Mounted Sign that is mounted generally flush with the surrounding grade. It may not be attached to a Pole or Pylon, nor raised by mounting on a man-made berm, wall, or similar Structure (See Figure 1331-3, Monument Sign).

Figure 1331-3 - Monument Sign

OFF-PREMISE SIGN – A Sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said Sign is located. Off-Premise Signs are prohibited within the City.

ON-PREMISE SIGN – A Sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

Figure 6-3 – Monument Sign

OUTDOOR ADVERTISING (BILLBOARD) SIGNS – A permanently installed Sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said Sign is located. Outdoor Advertising (Billboard) Signs are prohibited within the City.

PARAPET – A barrier that is an extension of the wall at the edge of a roof, terrace, balcony, walkway or other structure.

PANEL – The primary surface of a Sign that carries the identifying/advertising message.

PENNANT – Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Pennant Signs are prohibited within the City.

PERSONAL EXPRESSION SIGN – An On-Premise Sign that expresses an opinion, interest, position, or other non-commercial message.

PORTABLE SIGN – Any Sign designed or intended to be readily relocated whether or not it is permanently attached to a Building, Structure or on the ground. Portable Signs also include Signs on wheels or on portable Structures such as Trailers, tent Signs, A-Frame or T-Shaped Signs and normal advertising placed on motor Vehicles which are not used regularly and are placed in such a manner as to attract attention.

PROJECTING SIGN – A Sign which projects from a Building into a vehicular or pedestrian access way, more than one foot from the surface on which it is mounted, and is mounted usually, but not always, at right angles to the Building (See Figure 1331-4, Projecting Sign).

Figure 1331-4 – Projecting Sign

PYLON (POLE) SIGN – A Ground-Mounted Sign attached to one or more posts, whose base is greater than twenty-four (24) inches above grade [See Figure 1331-5, Pylon (Pole) Sign].

Figure 1331-5 – Pylon (Pole) Sign

ROOF SIGN – Any Sign erected, constructed, and/or painted wholly or partially on or above the roof of a Building. Signs which are mounted flush against a Parapet roof and do not extend above the roofline are permitted in accordance with the regulations for Wall Signs (See Figure 1331-6, Roof Sign). Roof Signs are prohibited within the City.

SIGN – Any temporary or permanent identification, description, animation, illustration, or device, illuminated or non-illuminated, which is visible from any right-of-way, situated indoors or outdoors, and which directs attention to any realty, product, service, place, activity, person, institution, performance, commodity, firm, business or solicitation, or any emblem, painting, banner, poster, bulletin board, pennant, placard or temporary Sign designed to identify or convey information. Signs do not include displays located inside buildings, courts, lobbies, stadiums, or other structures that are not positioned in such a manner so as to be intended to be seen from the exterior of the building or structure.

Figure 1331-6 – Roof Sign

SUSPENDED SIGN – See Projecting Sign.

TEMPORARY SIGN – A Sign advertising a special event and not intended to be displayed on a permanent basis.

WALL SIGN – A Sign that is in any manner affixed to any exterior wall of a Building or Structure and that projects not more than eighteen (18) inches from the Building or Structure wall. Also includes signs affixed to architectural projections that project from a building provided the Copy area of such signs remains on a parallel plane to the face of the Building facade or to the face or faces of the architectural projection to which it is affixed (See Figure 1331-7A, Wall Sign and Figure 1331-7B, Wall/Fascia Sign).

Figure 1331-7A - Wall Sign

Figure 1331-7B - Wall/Fascia Sign

WAYFINDING SIGN – A Sign, frequently off-premise, specifically designed to provide directional or destination information. See also, Off-Premise Sign.

WINDOW SIGN – A Sign which is applied to the Building glass area located such that the identifying/advertising message, symbol, insignia, visual representation, logotype or any other form which communicates information can be read from off-premise.

(Ord. 2021-07. Passed 7-21-21.)

1331.03 SIGN PERMITS.

(a) General Permit Procedures. The following procedures shall govern the application for, and issuance of, all Sign Permits under this Ordinance:

(1) If a Sign type requires a Sign Permit, as specified in Section 1331.06 the Owner of the subject property shall obtain a Sign Permit through the City prior to the placement, construction, erection or modification of a Sign.

(2) No Sign Permit may be obtained unless a fully completed Sign Permit application is submitted to the City and, following review of the same, the City Engineer/Planning Director or designee determines that the Sign and applicable Signage Plan comply with the requirements of this Article.

(3) Applications. All applications for Sign Permits of any kind and for approval of a Signage Plan shall be submitted to the City Planning Department on an application form published by the Planning Department.

(4) Fees. Each application for a Sign Permit or for approval of a Signage Plan shall be accompanied by the applicable fees, which shall be established by City Council from time to time by resolution and set forth in the City fee schedule.

(5) Action on Permit. Within thirty (30) business days of the submission of a complete application for a Sign Permit, the City Engineer/Planning Director or designee shall either:

A. Issue the Sign Permit if the Sign(s) that is the subject of the application conforms in every respect with the requirements of this Article; or

B. Reject the Sign Permit if the Sign(s) that is the subject of the application fails in any way to conform with the requirements of this Article. In case of a rejection, the City Engineer/Planning Director or designee shall specify in the rejection the section or sections of the Ordinance or applicable plan with which the Sign(s) is inconsistent. If the application is rejected because it is incomplete, the City Engineer/Planning Director or designee shall set forth the specific deficiencies in the rejection.

(6) Within thirty (30) days of receipt of a rejection by the City Engineer/Planning Director or designee of an application for a Sign Permit the applicant may file an Appeal of said rejection to the Board of Zoning Appeals per the procedures set forth in this Zoning Ordinance.

(b) Permits to Construct or Modify Signs. Signs requiring a Sign Permit, as specified in Section 1331.06 , shall be erected, installed, or created only in accordance with a duly issued and valid Sign Construction Permit from the City Engineer/Planning Director or designee. Such permits shall be issued only in accordance with the following requirements and procedures:

(1) Permit for New Sign or for Sign Modification. An application for construction, creation, or installation of a new Sign or for modification of an existing Sign shall be accompanied by detailed drawings to show the dimensions, design, Structure, and location of each particular Sign. One application and permit may include multiple Signs on the same Lot; and

(2) Inspections. Upon expiration of the time permitted for construction, creation, or installation of a Sign in an issued Sign Construction Permit, the City Engineer/Planning Director or designee shall cause an inspection of the Sign for compliance with the application for such permit and supporting materials with this Ordinance and all other City Ordinances. If the construction is not substantially complete at the time of inspection, the permit shall remain lapsed. If the construction is substantially complete but not in full compliance with the application for such permit and supporting materials, this Ordinance, and all other City Ordinances, the City Engineer/Planning Director or designee shall give the Owner or applicant notice of the deficiencies and extend the Sign Construction Permit an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If a Sign Construction Permit has lapsed, no work shall be performed upon the Sign unless and until a new Sign Construction Permit is obtained.

(c) Time of Compliance, Nonconforming Signs and Signs Without Permits. Except as otherwise provided herein, the Owner of any Lot or other premises on which exists a Sign for which there is no current and valid Sign Permit, shall be obligated to remove such Sign or, in the case of a nonconforming Sign, bring it into conformity with the requirements of this Ordinance within one (1) year of the Effective Date of this Ordinance.

(Ord. 2021-07. Passed 7-21-21.)

1331.04 SIGN AREA COMPUTATIONS.

The following principles shall control the computation of Sign area and height:

(a) Computation of Area of Single-faced Signs. The area of a Sign face shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the Sign from the backdrop or Structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself.

(b) Computation of Area of Multi-faced Signs. The Sign area for a Sign with more than one face shall be computed by adding together the area of all Sign faces visible from any one point. When two identical Sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such Sign faces are part of the same Sign structure and not more than forty-two (42) inches apart, the Sign area shall be computed by the measurement of one of the faces, whichever has the greater area.

(c) Computation of Height. The height of a Sign shall be computed as the distance from the base of the Sign at normal grade to the top of the highest attached component of the Sign. Normal grade shall be construed to be either the (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the Sign. In cases in which the normal grade cannot reasonably be determined, Sign height shall be computed on the assumption that the elevation of the normal grade at the base of the Sign is equal to the elevation of the nearest point of the crown of a public Street or the grade of the land at the principal entrance to the Principal Structure on the Lot, whichever is lower.

(d) Maximum Size of Sign Types. Table 1331-1 summarizes the Sign Type and Design Standards for Signs requiring a permit. Section 1331.07 stipulates the maximum sizes for Signs not requiring a permit.

(e) Maximum Height of Sign Types. Table 1331-1 summarizes the Sign Type and Design Standards for Signs requiring a permit. Section 1331.07 stipulates the maximum sizes for Signs not requiring a permit.

(Ord. 2021-07. Passed 7-21-21.)

1331.05 DESIGN, CONSTRUCTION, AND MAINTENANCE.

All Signs shall be designed, constructed, and maintained in accordance with the following standards:

(a) All new Signs shall comply with applicable provisions of the City’s building and electrical codes;

(b) No Signs shall be erected in the public right-of-way, or within five (5) feet of the public right-of-way, except as otherwise permitted herein;

(c) Except for Flags, and Window Signs, all Signs shall be constructed of permanent materials and shall be permanently attached to the ground, a Building, or another Structure by direct attachment to a rigid wall, frame, or Structure;

(d) All Signs shall be maintained in good repair, structural condition, in compliance with all building and electrical codes, and in conformance with this Ordinance;

(e) No Sign shall be permitted that is an imitation of, or which resembles, an official traffic control device, railroad Sign, or which hides from view or interferes with the effectiveness of an official traffic control device or any railroad Sign, signal, or traffic sight lines. Illuminated Signs shall be so constructed as to avoid glare or reflection on any portion of an adjacent highway or residential Buildings;

(f) No Sign shall be permitted that contains statements, words, or pictures of an obscene, indecent, or immoral character, which may offend public morals or decency; and

(g) No Sign shall be placed on rocks, trees, or on poles maintained by public utilities.

Table 1331-1 – Sign Type and Design Standards for Signs Requiring a Permit

SIGN TYPE AND DESIGN STANDARDS

ZONING DISTRICT

MAXIMUM AREA

PLACEMENTMAX HEIGHT

Urban

Residential

Suburban

Residential

Downtown

Mixed Use

Residential

Mixed Use

Commercial

Medical-

Institutional

Max. No. of Signs

per Parcel or Footage

Min. Clearance

Height

Max Projection

from Wall

Distance from

Curb

SIGN TYPE

MUR

MUC

MIN

On-Premise Ground-Mounted Signs

Low Profile Ground Mounted Sign

P 7

12 sq. ft.

1 (or a maximum of 3 when used in conjunction with a single Ground Mounted Sign place in the Frontage)

n/a

5 ft.

Medium Profile Ground Mounted Sign

72 sq. ft.

n/a

5 ft.

10 ft.

High Profile Ground Mounted Sign Type 1

100 sq. ft.

n/a

30 ft.

High Profile Ground Mounted Sign Type 2 [for commercial uses located not more than four hundred (400) feet from the center line of the Interstate 81 right-of-way]

200 sq. ft.

n/a

75 ft.

A-Frame Sign

6 sq. ft.

See Section 1329.04 Encroachments

4 ft.

7 Permitted for Civic and Institutional Uses only.

SIGN TYPE AND DESIGN STANDARDS

ZONING DISTRICT

MAXIMUM AREA

PLACEMENTMAX HEIGHT

Urban

Residential

Suburban

Residential

Downtown

Mixed Use

Residential

Mixed Use

Commercial

Medical-

Institutional

Max. No. of Signs

per Parcel or Footage

Min. Clearance

Height

Max Projection

from Wall

Distance from

Curb

SIGN TYPE

MUR

MUC

MIN

Building Signs

Wall Sign

Residential - 9 sq. ft. maximum

Non-residential - 2 sq. ft. per lineal foot of each bldg. wall facing a public street. Maximum 200 sq. ft.

1 per bldg. wall

See Section 1331.06(b)

Projecting/Suspended Sign

6 sq. ft. maximum

8 ft.

24 in.

n/a

Canopy/Awning, Gallery, Marquee Signs

2 sq. ft. per linear foot of each bldg. wall facing a public street, 200 sq. ft. maximum

8 ft.

n/a

P = Permitted / Blank Cell = Not Permitted

(Ord. 2021-07. Passed 7-21-21.)

1331.06 SIGNS REQUIRING A PERMIT.

This Section shall govern regulations for Signs permanently installed on a Site and which are required to obtain a Sign Permit in accordance with this Article.

(a) On-Premise Ground Mounted Signs. The maximum permitted Sign area, location, characteristics, and number of On-Premise Ground-Mounted Signs shall be determined in accordance with Table 1331-1 and this Article. The following additional regulations shall apply to On-Premise Ground-Mounted Signs:

(1) Base Landscaping for Ground-Mounted Signs. All Ground-Mounted Signs located within parking or vehicular use areas, and not in Yard areas, shall stand in a bed of landscaping at least thirty (30) square feet in area. This area shall contain low growing materials such as ground covers, perennials, and shrubs, and shall be bordered by acceptable curbing materials as specified in the Subdivision and Land Development Ordinance.

(2) Distance Requirements from Existing Ground Signs. No proposed Ground-Mounted Sign shall be placed within fifty (50) feet of an existing Ground-Mounted Sign.

(3) Ground-Mounted Signs for Combined Developments. All Uses within a Combined Development (includes more than one establishment or business on a common parcel) shall share the permitted Ground-Mounted Sign(s) that is (are) permitted for a Combined Development in accordance with Table 1331-1 and this Article. Outparcels shall not be considered part of a Combined Development for purposes of this subsection (a).

(4) Changeable Copy. Changeable Copy or “reader board” area and Electronic Message Board area are permitted as On-Premise Ground-Mounted Signs provided that the Changeable Copy or Electronic Message Board area does not exceed fifty percent (50%) of the total area of the Sign. Electronic Message Board area is included in the calculation of the total Sign area unless the board displays only time and temperature information, in which case the message area is allowed in addition to the maximum area of the Sign.

(5) Drive-Through Menu Signs. Drive-through menu Signs shall be limited to a maximum size of thirty-two (32) square feet.

(6) Additional Ground Signs. Lots with more than one Street Frontage shall be allowed to erect one Ground-Mounted Sign per Frontage, provided that each Frontage is at least one hundred (100) feet in width at the Street right-of-way. No two Ground-Mounted Signs shall be placed on the same Street Frontage.

(b) Wall Signs. The maximum permitted Sign area, location, characteristics, and number of Wall Signs shall be determined in accordance with Table 1331-1 and this Article. The following additional regulations shall apply to On-Premise Wall Signs:

(1) Signs on Building Walls. The permitted Wall Sign may be placed on a wall that faces a public Street. The maximum allowable size for a Sign on one wall is not transferable to a wall with less length.

(2) Additional Wall Sign Permitted on Corner or Double Frontage Lots. Lots with more than one Street Frontage shall be allowed to erect one additional Wall Sign on the secondary Street Frontage, provided that the secondary Frontage is at least one hundred (100) feet in width at the Street right-of-way. The secondary Wall Sign may not be placed on the same Building wall as the primary Sign.

(3) Additional Wall Sign Permitted to Face Side or Rear Parking Lot. Lots with parking to the side or rear of a Building shall be allowed to erect one additional Wall Sign facing the parking lot, provided that at least fifty percent (50%) of the required parking for the establishment is located to the side or rear of the Building and an entrance to the establishment faces the parking lot. The secondary Wall Sign may not be placed on the same Building wall as the primary Sign.

(4) Location Requirements for Wall Signs.

A. No portion of a wall Sign may extend above the roof line of a building with a Parapet wall.

B. No wall Sign may extend above the lower eave line of a building with a pitched roof.

(5) Wall Mounted Signs for Combined Developments. All establishments within Combined Developments shall use as individual identification Signs, exclusively, Canopy/Awning or Wall Signs. No mixing of Sign types within a Combined Development shall be permitted, except that Canopies containing no Sign copy may be used in combination with Wall Signs.

(6) Wall Signs on Historic Buildings. Wall Signs on historic Buildings shall be placed within the Sign frieze, or distinct place within which a Wall Sign was intended to be located, if the Building was designed for such. No Wall Sign shall extend beyond such space. If there is no Sign frieze, the Wall Sign shall be placed below the typical second floor window area. The design and coloration of such Signs shall be compatible with the character of the Building.

(7) Changeable Copy. Changeable Copy or “reader board” area and Electronic Message Board area are not permitted as Wall Signs.

(c) Canopy/Awning Signs. The maximum permitted Sign area, location, characteristics, and number of Canopy/Awning Signs shall be determined in accordance with Table 6.01 and this Article. The following additional regulations shall apply to Canopy/Awning Signs:

(1) Valance and Copy Size for Canopy/Awning Signs. The Valance, or apron, for any Canopy shall in no case exceed twelve (12) inches in height. Individual letters or symbols on these Valances shall not exceed nine inches in height. This provision shall apply only to Valances to which Sign copy is affixed;

(2) Illumination for Canopy/Awning Signs. Canopy/Awning Signs that may be illuminated shall have no bare bulbs present on or around the Sign face;

(3) Clearance Requirements for Canopy/Awning Signs and Suspended Canopy Signs. All Canopy/Awning Signs attached to the underside of a Canopy shall maintain the minimum clearance above the ground level of any Sidewalk or vehicular access area as specified in the most recent edition of the City Building Code; and

(4) Canopy/Awning Signs for Combined Developments. All establishments within Combined Developments shall use as individual identification signs, exclusively, Canopy/Awning or Wall Signs. No mixing of Sign types within a Combined Development shall be permitted, except that Canopies containing no advertising copy, may be used in combination with Wall Signs.

(d) Projecting or Suspended Signs. The maximum permitted Sign area, location, characteristics, and number of Projecting or Suspended Signs shall be determined in accordance with Tables 1331-1 and this Article. The following additional regulations shall apply to Projecting or Suspended Signs:

(1) Encouraged Location. Projecting Signs are strongly encouraged in the Downtown T-5 Zoning District.

(2) A Projecting or Suspended Sign shall only include the name and may include the address of the occupant;

(3) A Projecting or Suspended Sign shall be erected in such a manner that no portion of the sign or its support shall extend more than twenty-four (24) inches over a public or private walkway and shall have a minimum clearance of ten (10) feet; and

(4) A Projecting or Suspended Sign shall not extend over an adjoining property line without permission of the adjoining owner. However, in no case shall a Projecting or Suspended Sign be permitted to encroach over a motorized Vehicle travel way such as a public or private Street, Alley, or Driveway. If such a Sign at the time of the effective date of this Ordinance is suspended or projects above a public right-of-way, the issuance and continuation of a Sign Permit shall be conditioned on the Sign Owner obtaining, and maintaining in force, liability insurance in an amount of not less than five hundred thousand dollars ($500,000) per occurrence per Sign.

(Ord. 2021-07. Passed 7-21-21.)

1331.07 SIGNS NOT REQUIRING A PERMIT.

No permit is required for the following Signs, provided they comply with the conditions set forth. Signs permissible in this Section 1331.07 shall not be considered in determining the total Sign area. However, if a Sign exceeds the size or in any other way does not comply with these limitations, it shall be considered as a prohibited Sign and/or shall be subject to all other provisions of this Ordinance. Nothing in this Section shall be deemed to authorize or permit any Sign prohibited under Section 1331.08 , or otherwise by applicable law:

(a) Building Marker Signs. A Building marker Sign may include only the building name, date of construction, or historical data on Historic Buildings or Sites; and shall be cut or etched into masonry, bronze, or similar material.

(b) Special Event Signs for Public, Quasi-Public or Non-Profit organizations. A Sign may be erected by public, quasi-public, or non-profit organizations such as schools and Churches for promoting the following events. Such Signs shall not be illuminated, and their maximum size is thirty (30) square feet. Such Signs shall not be located within a Street right-of-way or required Sight Triangle:

(1) Scheduled sales events such as rummage and bake sales. Such Signs shall remain in place no more than seventy-two (72) hours. Additionally, such Signs shall be limited to one On-Premise Sign per Street Frontage;

(2) Public events such as charity benefits, fairs, fund drives, revivals and sporting events. Such Signs shall be displayed for a maximum period of thirty (30) days and shall be allowed on-premise; and

(3) Special seasonal events, such as parades, fairs and festivals. Such Signs shall be erected (on- or off-premise) within fourteen (14) days of the event and shall be removed seventy-two (72) hours after the end of an event;

(c) Construction/Contractor and Subdivision Project Signs. Such Signs shall be non-illuminated and may be located in any Zoning District to identify future tenants, home builders, contractors, lenders, and architectural or engineering designers during the period of construction. Such Signs may only be installed after receiving Site Plan approval from the City and shall only be located on site. These Signs shall be removed no later than seven (7) days after the completion of a project. Maximum size is thirty-two (32) square feet.

(d) Flags.

(1) Flags and flagpoles shall not be located within any right-of-way. Height. Flags shall have a maximum height of thirty (30) feet.

(2) No more than two (2) flags per lot in UR, SR, and MUR Zoning Districts, no more than three (3) flags per lot in all other Zoning Districts.

(e) Governmental Signs. Signs posted by various local, state, and federal agencies such as regulatory signs, welcome signs, and traffic control signs.

(f) Incidental Signs. Signs indicating vehicular entrances and exits, parking areas, one-way traffic, no trespassing, dumping, loitering, etc. Such Signs shall not exceed three (3) feet in height, shall not obstruct any vehicular sight triangle, and shall be located no farther than fifteen (15) feet away from the edge of the entrance or exit which it delineates. No more than two Signs per entrance or exit shall be permitted. Such Signs may be illuminated and shall contain no Sign copy other than directional information. Maximum size is four (4) square feet.

(g) Occupant/Street Number Signs. Non-illuminated Signs affixed to Structures, mailboxes, decorative light posts, Driveway entrances, etc., which serve to identify the address of the Structure or occupant. All such Signs are required to be placed in such a manner as to be visible from the Street.

(h) Off-Premise Directional Signs for Churches. Non-illuminated Ground-Mounted Signs located outside of the Street right-of-way. A maximum of two (2) directional Signs per Church shall be permitted within the City’s corporate limits. Maximum size is six (6) square feet.

(i) Personal Expression Signs of any Sign type, including Flags, provided that they do not exceed three (3) square feet in area per side, are non-commercial in nature, and not illuminated.

(j) Public Service Signs. Signs displayed for the convenience of the general public, such as Signs for public rest rooms, automobile inspection, hours of operation, freight entrances, etc. Such Signs may be illuminated and shall contain no Sign copy other than service information and trade names and/or logos for the business. Maximum size is four (4) square feet.

(k) Real Estate Signs – Residential Property (Off-Premise). Off-Premise Signs which advertise the sale or lease of residential property. Such Signs shall not be illuminated or located within a sight triangle or public right-of-way. Such Signs may only be displayed on weekends and shall not be erected before 5:00 p.m. on Friday and shall be removed by 7:00 a.m. on Monday. Off-Premise real estate Signs may also be displayed on legal holidays. Maximum size is six (6) square feet.

(l) Real Estate Signs – Residential Properties (On-Premise). Signs which advertise the sale or lease of the property on which said Sign is located. Such Signs may not be illuminated or located within a sight triangle or public right-of-way and shall be removed no later than seven (7) days after the sale or lease of the property. Such Signs are limited to one per Street Frontage. Maximum size is ten (10) square feet.

(m) Real Estate Signs – Non-Residential Properties (On-Premise). Signs which advertise the sale or lease of non-residential property on which said Sign is located. Such Signs may not be illuminated or located within a sight triangle or public right-of-way and shall be removed no later than seven (7) days after the sale or lease of the property. Such Signs are limited to one per Street Frontage. Maximum size is thirty-two (32) square feet.

(n) Signs that are a permanent architectural feature of a building or structure, existing at the time of adoption of this Ordinance.

(o) Signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not to exceed four (4) square feet in area.

(p) Window Signs. Signs placed or painted on the interior or exterior of glass windows or doors provided that such Signs cover no more than thirty percent (30%) of the glass area of the entire storefront. Window Signs that cover more than thirty percent (30%) of the glass area shall be classified as a Wall Sign and shall meet the requirements for Wall Signs.

(q) Yard/Garage Sale Signs. Such Signs may be placed on- or off-premise provided they are not located in a sight triangle or Street right-of-way nor placed on any tree, street Sign, or utility pole. Such Signs may not be illuminated and may remain in place for seventy-two (72) hours in any thirty (30) day period. Maximum size is six (6) square feet.

(r) For-profit Temporary Signs. Businesses advertising special sales, special events and promotions may display one Temporary Sign or Banner per establishment in addition to the permitted Signs, provided that such Temporary Sign or Banner is not illuminated. Such Temporary Sign or Banner must be maintained in good condition and may not be displayed for more than thirty (30) consecutive calendar days. The Temporary Sign or Banner must be located on the property of the business for which it is advertising and may not be located in any public right-of-way or sight triangle. Maximum size is twenty-four (24) square feet.

(1) Businesses with more than three hundred (300) feet of Street Frontage on a designated major thoroughfare may have one (1) additional Banner for every three hundred (300) feet of Street Frontage.

(2) Combined Developments are permitted to have one Temporary Sign per establishment/tenant as stated in this Section; however, the Sign(s) must be mounted flush against the Building wall of the advertised business.

(3) Use of Portable Signs as Temporary Signs is not permitted.

(s) Itinerant Merchants. Itinerant merchants may erect one Temporary Sign or Banner per establishment for the period of operation provided such Sign is not located within a Street right-of-way or required sight triangle and is not illuminated. Maximum size is twenty-four (24) square feet.

(t) Signs containing or consisting of Pennants, ribbons, Streamers, Festoon Lighting, Balloons (or Inflatable Signs), Feather Flags, or Spinners. Such signs are only permitted in the MUC District and only permitted for business grand opening/ re-opening events for a maximum of thirty (30) calendar days.

(Ord. 2021-07. Passed 7-21-21.)

1331.08 PROHIBITED SIGNS.

The following Signs are prohibited within the City:

(a) Signs Constituting a Traffic Hazard. No Sign shall be placed, displayed, or illuminated so as to obstruct or impair driver vision and traffic flow. A Sign shall not obstruct the view of any official traffic Sign, traffic signal, or traffic marking. Signs that, by reason of their location, shape, size, or color, approximate official highway signs, warning signs, or regulatory devices are prohibited;

(b) Animated Signs, except for permitted Changeable Copy and Electronic Message Boards as permitted in Section 1331.06 .

(d) “Wrap-around” Signs or other continuous Wall Signs that extend around Building corners or radii.

(e) Off-Premise Signs.

(f) Outdoor Advertising (Billboard) Signs. No new Outdoor Advertising (Billboard) Signs shall be permitted to be constructed in the City.

(g) Facsimile Signs.

(h) Signs placed within any required sight triangle.

(i) Signs attached to or painted on utility poles, trees, parking meters, bridges and overpasses, rocks, other Signs, benches, and refuse containers, except the latter two may contain an officially recognized logotype.

(j) Roof Signs.

(k) Pavement markings for purposes other than traffic control, including creative applications to increase awareness and safety of traffic-flow and movement.

(l) Signs placed within or extending into the right-of-way of City and state-maintained Streets and roads, except those Signs erected by a duly constituted government body.

(m) Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by the City.

(n) Signs that advertise an activity or business no longer conducted on the property after a continuous period of sixty (60) days on which the Sign is located.

(o) Indirect Illumination, such as floodlights, erected in such a manner as to cause glare that impairs driver vision on Streets or roadways or that causes a Nuisance to adjoining property.

(p) Beacons, spotlights, searchlights, and projectors. Signs which use beacons, spotlights, searchlights or projectors visible from public rights-of-way are prohibited.

(q) Signs that obstruct fire escapes, windows, doors, or other openings used as a means of egress or as required legal ventilation.

(r) Signs that in the purview of the City Engineer/Planning Director or designee do not conform to the provisions of these regulations.