Newcastle City Zoning Code

means signs capable of standing without support or attachment.

means a sign, the face of which has been removed or is broken and is not refaced within 180 days thereafter. Abandoned signs shall also include signs with rusted, faded, peeled, cracked or otherwise deteriorated materials or finishes that have not been repaired within 90 days after the city provides notice of the sign's deteriorated condition under the city's enforcement chapter, Chapter 18.50 NMC.

means a permanent, freestanding or building-mounted sign of limited height and size that provides supplemental opportunity for freestanding or building-mounted signage on a site.

means a freefloating balloon, kite or similar object not directly secured to property within the city.

means to change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance.

means the smallest square, rectangle, parallelogram, triangle or circle that will enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other materials or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area.

means a sign affixed to or imprinted on an attached shelter composed of nonrigid materials such as an awning, or a permanent architectural projection with supporting framework such as a canopy, affixed to the exterior wall of a building, extending over a door, entrance, window or outdoor pedestrian area. (See also definition of "service island sign.")

means an enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site.

means the horizontal dimensions of a building or individual business elevation measured at ground level.

means an internally illuminated sign in which a removable sign face (usually with translucent sign graphics) is enclosed on all edges by a metal cabinet. A cabinet sign may be multi-sided; it may be rectangular or box-like, or it may be shaped to reflect a desired figure (e.g., heart-shaped).

See definition under "awning or canopy sign."

means a sign or portion thereof that is designed to have its message or copy readily changed manually or by remote or automatic means without altering or replacing the face or surface. Changeable copy signs support hard-copy text or graphics and do not use digital or electronic text or images.

means a sign describing goods or services that may be purchased as part of the regular activities of a for-profit organization. Signs that describe goods or services offered by a nonprofit or religious organization are not commercial signs.

mean one-half hour after sunrise to one-half hour before sunset.

means an electronic sign with monochrome LED (light emitting diodes) text, graphics or symbols over a black, nonilluminated background.

means a sign erected for the purpose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles within a development.

means the community development director for the city of Newcastle.

means an electronic sign having variable message, color and/or graphic presentation capability that can be electronically programmed by computer or handheld device from a remote location. EMCs typically use light emitting diodes (LEDs) or liquid crystal display (LCD) as a lighting source.

means a changeable copy sign, except that it uses digital or electronic text or images.

means the visible vertical plane of the side of a building from ground level to the roofline.

means the elevation of a building extending from the ground level up to the bottom of the fascia on a pitched roof building, and up to the top of the wall or parapet on a flat roof building. The area of a facade for purposes of calculating allowable wall signage includes the area of the windows and doors but excludes openings that do not have solid coverings, such as breezeways, colonnades and gateways that extend to the backside of the building.

means an architectural term for a vertical frieze or board under a roof edge or which forms the outer surface of a cornice, visible to an observer.

means a flat piece of cloth with distinctive colors, patterns or symbols, having one end of the cloth attached to a vertical staff (directly or by rope and pulley mechanism) and all other ends free flowing under natural movement of wind.

means an electric sign or portion thereof except electronic message center signs, which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time.

means a sign and its support pole or base standing directly on or in the ground and that is independent from any building or other structure.

means a limited access highway, state route or interstate.

means a sign within 150 feet of a freeway right-of-way that has its sign face parallel to, perpendicular to, angled toward or otherwise readable from the freeway right-of-way.

means the property line of an individual lot, tract or parcel that abuts a public or private street right-of-way, excluding alleys and private driveways. The number of frontages on a lot is the same as the number of public or private street rights-of-way that the lot abuts.

means a light source placed behind totally opaque letters or symbols so that the light reflects off the wall or background to which the letters or symbols are mounted rather than emanating through the letters or symbols, creating a halo effect that leaves the letters or symbols viewable in silhouette form only.

means the overall height of the sign above grade directly below or at the base of the sign.

means a sign that does not conform to the requirements and standards of this chapter and which does not meet the criteria of a nonconforming sign as defined in this section.

means a word, figure, logo, abbreviation or other symbolic representation.

means a design of letters, colors or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs. (See Figure 1 for example.)

means a logo contained within an area no greater than eight square feet, incorporated into a larger sign face or designed as an individual sign or component of a sign containing individually mounted sign graphics.

means a line that separates two lots.

means the photometric quality most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or "nits."

means a roof with two slopes on each side of the four sides, the lower steeper than the upper.

means a coordinated sign plan that includes the details of all signs (not including exempt or temporary signs) which are or will be placed on a site.

means a freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background.

means the depiction of movement or change of position of text, images or graphics. "Motion" shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes and similar actions.

means a development consisting of three or more leasable spaces.

means the topographic condition or elevation of a site or portion of a site over the past five years, or the finished grade of an approved site development plan. Changes to grade or elevation resulting from fill, mounding or berming within five years preceding any requested permit other than a site development plan shall not be considered natural grade for permitting purposes.

means a sign with illumination affected by a light source consisting of a neon or other gas tube that is bent to form letters, symbols or other shapes.

means from one-half hour before sunset to one-half hour after sunrise.

means a unit of measure of brightness or luminance. One nit is equal to one candela/square meter.

means any sign that is not a commercial sign.

means any sign, which at one time conformed to all applicable requirements and standards of the jurisdiction, including all permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards.

means, in the context of this chapter, any zone that does not permit residential dwelling units except for mixed use development where residential units are located above or behind nonresidential uses and the ground floor streetscape is characterized by commercial and other nonresidential uses.

means a material that does not transmit light from an internal illumination source.

means a sign painted directly on a building or on material that is then attached to a building. See also "wall sign."

means a sign graphic that is constructed of a three-sided metal or plastic channel, usually having a light source contained within the channel. The open side may face inward, resulting in silhouette or halo lighting, or it may face outward to allow full illumination. The open side of the channel may be enclosed with a translucent material or it may be left open to reveal the light source such as neon tubing.

means a protective and/or decorative wall or barrier at the edge of, and projecting above, any canopy or roof.

means a sign constructed of weather resistant material and intended for permanent use and that does not otherwise meet the definition of "temporary sign." Wall-mounted sign holders designed for insertion of signs and posters shall be considered permanent signage and subject to all standards of this chapter.

means a sign meeting all aspects of a permanent sign as well as a portable sign. The materials used and apparent intention of long term use must be combined with a base that lacks a foundation and can stand without being inserted into the ground. Permanent portable signs may have weighted bases and/or be attached to the ground or to another object for security and additional stability, but such attachments shall be removable without specialized equipment or necessary to structurally support the sign.

means a pole between 15 and 40 feet tall as measured from the ground, with a flag between 10 and 96 square feet.

means a sign mounted on a weighted base, intended to be movable.

means a freestanding sign that is readily movable and not permanently affixed to the ground, including A-frame or sandwich board signs, pole signs mounted on weighted bases, and similar signs that are used on more than a temporary basis.

means the entrance to a building open to and most commonly used by the public or members of an organization, or for uses that have no regular customer, client or membership base entering the building, it is the principal employee or tenant entrance. A building may have more than one primary entrance if they are similar in access and visibility. Entrances used primarily for employees, service or deliveries or where the public may only incidentally frequent are not primary customer entrances.

means a sign attached to a building with the face not parallel to the vertical surface of the building. Projecting signs include signs projecting directly from walls or other building support structures.

means a box-type conduit to house electrical wires for signs and used to support and/or affix signage on a wall.

means, in the context of this chapter, any zoning district that is not a nonresidential zone as defined by this chapter.

is the strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of pedestrians, vehicles or utilities.

means that portion of the street improved, designed, or ordinarily used for vehicular travel and parking, exclusive of the sidewalks and shoulder. Where there are curbs, the roadway is the curb-to-curb width of the street. Includes medians.

means a sign that has a point of attachment to the roof or mansard of a building. Architectural projections, including mechanical equipment screens, above any parapet or roofline whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign.

means the uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roofline shall be the one belonging to that portion of the building on which the sign is located.

See "A-frame sign" definition.

means a permanent sign displayed on the service island canopy of a gas station, bank, car wash or other use that provides a canopy cover for vehicles. Service island signs are not the same as awning or canopy signs as otherwise defined by this chapter.

means letters, figures, symbols, trademarks or logos intended to identify any place, subject, person, firm, business, organization, product, article, merchandise or point of sale. A sign also includes: balloons attached to sign structures; products, streamers, spinners, pennants, flags, inflatables or similar devices intended to attract attention to a site or business; cabinets, boxes, panels, channels, spandrels and other square, rectangular or formed products, often containing electrical components and/or lamps, and which are surface-mounted to or projecting from building facades, columns or roofs, suspended from building overhangs, or attached to freestanding supports, and which are intended to convey a brand, message or otherwise advertise a location or product, whether or not such features include text or graphics and whether or not they serve other practical purposes such as lighting, covering or enclosure of persons or products. A sign includes any device that streams, televises or otherwise conveys electronic visual messages, pictures, videos or images, with or without sound or odors. Refer to NMC 18.20.050 for a list of prohibited signs.

means a person who carries a sign for purposes of catching attention of passerby traffic or pedestrians.

means the area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines uninterrupted by significant architectural features of the building.

means a unit of land, together with all improvements thereon, determined as follows:

means a panel or box-type structure that spans between and/or is connected to the support columns of a porch, colonnade or canopy, usually for architectural embellishment and/or signage purposes.

means without motion.

means that portion of a building included between the upper surface of a floor and the upper surface of the floor or ceiling next above.

means a sign attached to and hanging from the underside of a canopy, awning, porch ceiling, or similar shelter, or hanging from the beams or structures supporting such shelters.

means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs are made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter.

means the entire floor area that encompasses a building or use on a site; or in buildings designed for multitenant occupancy, it is the space between demising walls and which has an independent entrance to common corridors or to the outside. Portions of tenant spaces that are sublet to or otherwise allowed to be used by persons or businesses other than the principal person or business of a tenant space are not considered tenant spaces in the context of this chapter.

means a sign, marker or signal device used to inform, guide and control traffic, including pedestrians, motor vehicle drivers and bicyclists, as required by law or as recommended by the city traffic engineer to ensure driver, pedestrian and/or bicyclist safety.

means an external illumination source or lamp that is exposed to view.

means a sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building.

means the total horizontal dimension of a sign, including all frames or structures.

means the entire window unit including individual sashes or panes that might otherwise divide the area between the head, jamb and sill; except that in commercial storefront window assemblies, a single "window" is the glass area between each mullion that divides the window assembly, whether installed as a single piece of glass or as multiple pieces of glass divided by muntins.

means a sign that is attached to or can be seen in, on or through a window of a building and is visible from the exterior of the window. Interior signs more than three feet from a window are not considered window signs.