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Newport City Zoning Code

ARTICLE XIV

SIGNS

§ 14-0 DEFINITIONS.

   These definitions are intended to relate to this article and are expressions of common dictionary terms.
   A-FRAME SIGN. Any upright support frame in the form of a triangle with steeply angled sides that meet at the top in the shape of the letter “A” which conveys a message. For purposes of this definition, sandwich board signs are included in this definition.
   APPURTENANT. (adj.) Appertaining or belonging.
             (n.) Appurtenance.
   CONTENT NEUTRAL. To not regulate or determine the sign’s qualification based on message conveyed or poster content.
   NON-APPURTENANT. It denotes in general simple negation or absence of, as not a part of.
   PERMANENT SIGNS. Signs not intended to be temporary. All signs not exempted by other parts of this ordinance.
   PREMISES. A distinct portion of real estate; land with its appurtenances, as buildings.
   SIGN. Any letters, pictorial representation, symbol, emblem, flag, banner, illuminated or animated device, displayed in any manner whatsoever, which directs attention of persons to such device, and which is located within view of the general public from a public way. Customary graphics found on soft drink and newspaper dispensers and similar machines shall not be considered as SIGNS.
   TEMPORARY SIGN. Any sign, handbill or poster that is placed for a limited period of time.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-1 PURPOSE AND INTENT.

   The purpose of this section is to support and compliment the various land uses allowed in the town, by the adoption of regulations concerning placement, number, location, size, appearance, illumination, and animation of signs. The erection of signs is controlled and regulated in order to promote the health, safety, welfare, convenience, and enjoyment of travel on streets, and to also protect the public investment in such streets, and promote the creation of an attractive visual environment that promotes a healthy economy by:
   a.   Permitting businesses to inform, identify and communicate effectively;
   b.   Directing the general public through the use of signs while maintaining attractive and harmonious application of signs on the building and sites;
   c.   Protecting and enhancing the physical appearance of the community;
   d.   Regulating the design, placement and scale of the signs;
   e.   Fostering public safety along public and private streets by assuring that the signs are in a safe and appropriate location;
   f.   Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and readable so that the sign achieves the intended purpose without endangering the public or creating a distraction to motor vehicle drivers;
   g.   Promote the reasonable, orderly, and effective display of signs and displays; the safety of persons and land by providing that signs do not create traffic hazards or hazards due to collapse, fire, collision, decay, or abandonment; the efficient transfer of general public and commercial identification or information, and maintain a viable business community throughout the year by improving the legibility and effectiveness of signs;
   h.   Protect the public welfare, as well as land values, by preserving the aesthetic qualities of the town;
   i.   Preserve the town’s environment from excessive and obtrusive signs; and
   j.   Enhance the image, appearance, and economic vitality of the community.
      1.   The use of drawings and illustrations in this document is intended to illustrate and simplify the meaning of its content and in no way endorses or encourages the product or services used in such illustration.
      2.   The United States Supreme Court (cite as: 576 (2015)) published an Opinion on July 17, 2015 that requires all regulated signs by any local government to be “content neutral”. The amendments in this section reflect the Supreme Court opinion.
         a.   There are limited exceptions to the “content neutral” opinion such as, but not limited to, signs dealing with urgent public matter, safety and public information.
         b.   To summarize the Supreme Court’s ruling, this list is not all inclusive and is provided as examples of rules that may distinguish among signs based on content-neutral criteria:
            1.   Rules regulating the size of signs;
            2.   Rules regulating the locations in which signs may be placed. These rules may distinguish between freestanding signs and those attached to buildings;
            3.   Rules which differentiate between signs with fixed messages and electronic signs with messages that change;
            4.   Rules that differentiate between placement of signs on private property and public property;
            5.   Rules which differ between the placement of signs on commercial and residential property;
            6.   Rules differing between on-premises and off-premises signs;
            7.   Rules restricting the total number of signs allowed per mile of roadway; and
            8.   Rules imposing time restrictions on signs advertising a one-time event.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016; Ord. 2023-02, passed 6-8-2023)

§ 14-2 GENERAL PROVISIONS.

   a.   All signs within the town’s jurisdictional area shall be covered by these sign regulations. Freestanding and permanent sign structures shall be constructed, and maintained in accordance with the 130 mph wind design provisions the North Carolina Building Code as may be amended from time to time. All other signs, such as portable signs, shall be firmly anchored to the ground so as to prevent overturning, or creating a hazard to property or persons. The anchoring will generally be “auger” type anchors or anchors with equivalent holding power.
   b.   A permitted on-premises (appurtenant) sign may display any message within the provisions of this article.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-2.1 SIGN PROGRAM.

   a.   A coordinated sign program is preferred for properties with multiple tenants.
   b.   A coordination sign program consists of a detailed plan in written and graphic form, which outlines the size, number, location, lighting, color, etc. of all signs within the complex. Once a sign program is established, signs conforming to an approved program can be authorized “over the counter” without further application or fees.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-2.2 TRAFFIC SAFETY.

   No sign shall be erected or continue that:
      1.   Obstructs the sight distance of motorists proceeding on or approaching adjacent streets, alleys, driveways or parking areas;
      2.   Obstructs the sight of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways;
      3.   Would tend by its location, color or nature to be confused with or obstruct the view of traffic signs or signals or would tend to be confused with a flashing traffic light or an emergency vehicle. Automobile warning or flashing signs shall not be utilized as commercial attention-seizing devices;
      4.   Uses admonitions such as “stop”, “go”, “slow”, “danger”, etc. which might be confused with traffic directional signals and signs;
      5.   Is a sign which contains thereon one or more flashing lights or is animated; and
      6.   Is located in or projects into the right-of-way of any public street.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-2.3 SIGN SAFETY.

   a.   No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than 12 feet above the surface of the said driveway, or in such a manner as it would impede the passage of any fire or rescue apparatus, whichever is higher. Clearance shall be clearly marked with three-inch minimum letters and numerals.
   b.   No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight feet above the surface of said sidewalk or pedestrian way.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-3.1 ADMINISTRATION.

   a.   Unless otherwise provided for in this ordinance, no sign or sign structure, regardless of its cost of construction, shall be erected, replaced, relocated, constructed, changed or altered until after a permit for the same has been issued by the Zoning Administrator.
   b.   Each “permitted” sign shall display the permit number and name of responsible person on the sign structure. The identification shall be visible and readable from ground level where practical.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-3.2 FILING PROCEDURE.

   Applications for permits to erect, hang, place, paint or alter the structure of a sign shall be submitted on forms obtainable from the Zoning Administrator. Each application shall be accompanied by a plan showing the following:
   a.   Area of the sign;
   b.   Size, character, general layout and designs proposed for painted display;
   c.   The method and type of illumination, if any;
   d.   The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines and existing signs;
   e.   If conditions warrant it, the Zoning Administrator may require such additional information as will enable him or her to determine if such sign is to be erected in conformance with these regulations; and
   f.   The building permit number shall be located on the structure of each sign and be legible from the ground.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-4 MAINTENANCE.

   a.   Whenever a sign becomes structurally unsafe, shows obvious lack of maintenance, abandonment or endangers the safety of a building or the public, the Zoning Administrator shall order that such sign be made safe, repaired or removed. A period of 30 days following receipt of said order by the person, firm or corporation owning or using the sign shall be allowed for compliance. Upon failure to comply with the order to repair or remove the sign, the Zoning Administrator may cause the sign to be removed and any and all expenses incurred shall be at the expense of the owner, lessee and/or property owner to which the sign is located or the Zoning Administrator may impose civil or criminal penalties as provided by this ordinance.
   b.   The Building Inspector/Zoning Administrator, without notice, may cause any unsafe or insecure sign to be immediately removed if, in his or her opinion, the sign presents an immediate peril to life and limb or property damage.
   c.   The Zoning Administrator shall have the authority to remove and discard any sign located upon public rights-of-way or public property without notice if the Zoning Administrator determines it to be in violation of this section.
   d.   Reference G.S. § 136-131.2 Modernization of Outdoor Advertising Devices.
      1.   Any sign which is in effect with a valid permit issued by the Department of Transportation, may make any repair or reconstruction of the structure so long as the square footage of the advertising surface area is not increased. As used in this section, reconstruction includes the change of an existing monopole outdoor advertising structure to a new monopole structure which would otherwise be in violation of this section.
      2.   For the sign to qualify for the above stated exemption, the DOT permit must have been issued prior to the enactment of this section.
       3.   Refer to G.S. § 136-133.1 Outdoor Advertising Vegetation Cutting and Removal Requirements.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-5 PROHIBITED SIGNS.

   If the sign is not specifically permitted in this section, the sign is prohibited.
   a.   Neither the sign structure itself nor whatever appears on it is a business within the meaning of “business”.
   b.   Any sign which becomes non-appurtenant shall be removed by the owner of the premises where the sign is located no later than 180 days of said change. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than 180 days from the date of vacancy. Extensions of time may be granted by the Administrator when adequate proof is given, substantiated to warrant more time in the judgment of the Zoning Administrator based on facts showing cogent reasons for the requested extension not the result of the applicant’s delay.
   c.   No sign shall be attached to or painted on any telephone pole, light pole, street or highway sign post or structure or other human-made object not intended to support a sign or any tree, rock or other natural object.
   d.   Signs on street furniture, such as benches, waste receptacles, fountains, phone booths, etc., are prohibited except to display a logotype.
   e.   No sign lighting is allowed which switches on and off intermittently, changes intensity and/or color, or otherwise creates an illusion of flashing or movement, except where permitted in § 14-10c. Customary holiday lighting and decorations from November 1 through January 1 shall be exempt from this prohibition.
   f.   Wind activated devices are prohibited with the following exception:
      1.   On-premises flags and pennants are permitted on commercial and industrial property;
      2.   Pennants and flags, not to exceed 32 square feet, flown on R zoned property; and
      3.   The appearance of the flag shall be maintained. Torn, faded or tattered flags and pennants as determined by the Zoning Department shall be immediately removed or replaced.
   g.   Any sign located or designed so as to intentionally or effectively deny any adjoining property owner reasonable visual access to an existing sign is prohibited.
   h.   Any sign which does not comply with the terms, conditions and provisions contained in this ordinance is prohibited.
   i.   No portable or nonstructural signs shall be allowed except those permitted as temporary signs in this article. For purposes of this ordinance, a sign shall be considered as nonstructural if it has no permanently mounted, self-supporting structure or is not an integral part of a building to which it is accessory.
   j.   No sign shall be attached to or placed against the outside of a building in such a manner as to prevent egress through any door or window, nor shall any sign or advertising display obstruct or be attached to a fire escape.
   k.   Any sign or sign structure that obstructs the view of, or may be confused with, a traffic directional/safety sign.
   l.   Any sign painted on or attached to trees, other natural features, utility poles or other human-made object the principal purpose of which is not intended to support a sign.
   m.   Dilapidated signs.
   n.   Any sign which emits a sound, odor or visible matter such as smoke or vapor.
   o.   Billboards and off-premise business signs, including digital billboards, are not permitted within the jurisdiction of the town.
   p.   Signs that exhibit statements, suggestive words, or pictures of an obscene or pornographic nature.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016; Ord. 2023-02, passed 6-8-2023)

§ 14-5.1 SETBACK REQUIREMENTS.

   a.   No sign shall obstruct the view of motor vehicle operators entering a public roadway from any driveway, street or alley.
   b.   Signs located within 50 feet from any road intersection or driveway shall not exceed three feet above the average grade, unless the bottom of the sign poster structure is at least seven feet above the adjacent street pavement, and the supporting structure(s) are designed so as not to obstruct the view of intersecting traffic. Landscaping shall be designed and maintained so as not to block the view of traffic.
   c.   The sign shall be set back at least five feet from any side property line unless installed by a town official or NCDOT.
   d.   Temporary mobile signs are also included within this provision.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-6 ILLUMINATION.

   a.   Illumination devices, such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays of illumination from being cast upon neighboring buildings or vehicles approaching from any direction.
   b.   All bare light bulbs and all flood lights intended to illuminate a sign shall be directed toward the face of the sign so as to eliminate glare or nuisance to adjacent property and vehicular traffic.
   c.   No sign illumination system shall contain or utilize any beacon, spot, search, stroboscopic light, laser or reflector which is visible from any public right-of-way or adjacent property; nor shall such lights be operated outside except as authorized by law. For amusement parks, beacon, spot, search or stroboscopic lights or reflectors are permitted. Should any light, such as laser, become a nuisance to motorists and/or aircraft or other property owners, as determined by the Zoning Administrator, then such light shall be immediately extinguished.
   d.   Signs within 100 feet of residential districts shall be shielded from casting glare light into said district.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-7 NONCONFORMING SIGNS.

   a.   All signs or advertising structures located in districts where they are not permitted under the terms of these regulations are hereby declared to be nonconforming uses.
   b.   Should any sign become nonconforming, due to the passage of this or any previous ordinance, extension of zoning jurisdiction or other amendments of this ordinance, the sign may continue to exist. However, the nonconforming sign shall not be replaced if removed, destroyed or damaged over 50% of the sign replacement cost, unless it is replaced in conformity with this ordinance.
   c.   Signs with blinking, flashing lights shall come into conformity within 60 days of it becoming nonconforming and notification by the Zoning Administrator.
   d.   All nonconforming signs shall immediately come under the provisions and requirements of § 14-2.2 Traffic Safety and § 14-4 Maintenance.
   e.   Any legal nonconforming sign not otherwise regulated by this ordinance may continue after the effective date of this ordinance if properly maintained provided that nonconforming signs shall not be:
      1.   Changed to or replaced with another nonconforming sign. This prohibition does not prevent the change of the sign’s content;
      2.   Structurally altered so as to extend its useful life;
      3.   Expanded;
      4.   Relocated;
      5.   Reestablished, reconstructed or replaced if the repair, replacement or construction exceeds 50% of the sign structure value at the time of such damage or destruction of such sign; and
      6.   Modified in any way that would increase the degree of nonconformity of such sign.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-8.1 TEMPORARY SIGNS WHICH DO NOT REQUIRE A PERMIT.

   a.   The following temporary signs may be erected, hung or placed without a permit from the Zoning Administrator and shall not be illuminated, to include LED type signs, unless otherwise specified. These signs are not exempted from the safety, setback or maintenance provisions of this article. Temporary signs shall be located entirely on private property with the permission of the property owner.
      1.   In a nonresidential zoning district, the maximum number of signs per parcel of property is four and the maximum area of the sign shall not exceed four square feet and the maximum height above ground is four feet. Such signs are not permitted on public property unless permitted elsewhere in this part.
      2.   In a residential zoned district, a maximum of four signs per lot. Each sign may have two faces, for a maximum area per face of four square feet. The maximum height above the surface of the street unless placed in a window is four feet. Such signs are not permitted on public property unless permitted elsewhere in this part.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-8.2 ROADSIDE “PICK YOUR OWN” SIGNS.

   a.   (G.S. § 136-129) Roadside “pick your own” signs are permitted along any state highway right-of-way that advertises the sale of any fruit or vegetable crop by the owner at a roadside stand or by having the purchaser to pick the crop on the property on which the crop is grown if:
      1.   The sign is no more than two feet long on any side;
      2.   The sign is located on the property owned or leased by the grower where crop is grown;
      3.   The grower is also the seller; and
      4.   The sign is kept in place by the grower for no more than 30 days.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-8.3 SIGNS ON VEHICLES.

   a.   Signs on a truck, bus, car or other motorized vehicle, trailers and equipment are allowed provided the following conditions are adhered to:
      1.   Primary purpose of such vehicle is not the display of signs;
      2.   Vehicle/equipment is in operating condition, currently registered and licensed to operate on public streets when applicable; and
      3.   Vehicles and equipment are not used primarily as static displays advertising.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-8.4 PUBLIC INTEREST SIGNS PERMITTED IN ALL DISTRICTS.

   a.   Public signs. Signs in the interest of, erected by, or on the order of, a public officer in the performance of his or her public duty, such as directional, regulatory, warning and information signs for events of public interest such as a public hearing, rezoning announcement or general election;
   b.   Boundary signs for zoning and subdivision jurisdiction boundaries;
   c.   Memorial signs, tablets, names of buildings and date of erection when cut into any building surface structure or affixed flat against a structure;
   d.   Official signs, such as traffic-control, parking restrictions, information and notice and historical markers;
   e.   Street or road name signs, provided that the name does not conflict with the emergency E911 identification system;
   f.   “No trespassing”, “No dumping”, “No loitering” and similar signs not exceeding two square feet in area;
   g.   For the purpose of the Enhanced E-911 System, signs not exceeding two square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises and if residential, not to exceed nine feet above the surface of the street; and
      These signs may be unlighted or provided with indirect illumination.
   h.   Legal notices, identification, information or directional signs erected or required by governmental bodies;
    i.   Integral decorative or architectural features of buildings;
   j.   Signs directing and guiding traffic and parking on private property;
   k.   Signs located within a building, not intended for view by persons located on the outside;
   l.   Public service signs may be displayed that identify public services or conveniences, such as restrooms, telephones, state vehicle inspection, credit cards accepted, hours of operation, vacancies; provided that the total area of such signs displayed to any one street does not exceed four square feet;
   m.   Within commercial and industrial occupant zones, uses may have window signs in addition to otherwise permitted building mounted and freestanding signs;
   n.   Recreation sponsor signs shall not be installed to attract attention to passersby outside of the park area. These signs are normally installed inside the playing field fence, scoreboard, etc., and shall not exceed 32 square feet per sign;
   o.   Political campaign signs. Refer to G.S. § 136-32 for signs placed upon any highway. Signs announcing candidates seeking public political office and data pertaining thereto shall be permitted up to a total area of 32 square feet. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. These signs may be displayed within 30 days of one stop early voting and ending ten days after the election for which intended. In cases where a final election follows a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to ten days after the final election; and
   p.   Direction or information signs of a public or quasi-public nature shall not exceed 12 square feet in area:
      1.   Identification signs, such as the name or location of the town, hospital, community center, public or private school, church, synagogue or other place of worship;
      2.   Organizational signs, such as the name of a place of meeting or an official or civic body such as the Chamber of Commerce, service club or fraternal organization; and
      3.   Preferred truck route to an industrial or commercial complex or similar purpose.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-9 TEMPORARY SIGNS, IN OTHER THAN RESIDENTIAL ZONES, WHICH REQUIRE A PERMIT.

   a.   Any sign structures that exceed 32 square feet in area. The sign structure shall not exceed 48 square feet.
      1.   A permit may be issued for a 120-day period.
      2.   The number of permits shall be limited to two a year per property.
   b.   Temporary signs shall be of a type readily relocated whether or not they are permanently attached to a building, structure or on the ground. The term includes signs on wheels or on portable structures, tent signs, A-frame signs and similar devices.
   c.   S.L. 2015-246, G.S. § 160A-381, Construction Site, “fence wraps” displaying signage associated with the construction site is exempt from zoning regulation for signage until a certificate of occupancy is issued for the final portion of any construction site or 24 months from the time the fence wrap was installed, whichever is shorter. If construction is not completed at the end of 24 months from the time the fence wrap was installed, the town may regulate the signage but shall continue to allow fence wrap materials to be affixed to the perimeter fencing. No fence wrap affixed pursuant to this subsection may display any advertising other than sponsored by a person directly involved in the construction project and for which monetary compensation for the advertisement is not paid or required.
   d.   Shall not incorporate LED, electro-mechanical, electronic or similar type poster information.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-10 PERMANENT SIGNS WHICH REQUIRE A PERMIT.

   a.   The following signs may be erected, hung, placed or structurally altered only after a permit has been issued by the Zoning Administrator.
   b.   Directional signs and signs indicating entrances, drive through, exits, service and parking areas are permitted on private property where numbers and locations are approved by the Zoning Administrator, so long as the signs do not exceed four square feet in area, excluding logo, and are for the sole purpose of traffic control and safety. These signs may incorporate the business logo. Maximum height above the vehicle travel way of four feet.
   Example of a Directional Sign with Logo
   c.   Signs which are capable of changing their poster information by means of mechanical or electrical switching may be permitted provided that the rate of poster information change is not more frequent than 15 minutes and the complete change must take place within five seconds or less with no animation.
   d.    Electro-mechanical and/or electronic, light emitting diode (LED) type signs shall not exceed the maximum permitted poster display area permitted within the associated zoning district and in no case exceed 48 square feet of electronic poster display area.
   Illustrations of Changeable Copy Signs, Both Manual and Electronic
   e.   The electronic sign shall be able to adjust its brightness to the ambient light regardless of the time of day.
   f.   The sign shall not scroll or be animated.
   g.   No more than one sign per street front of any premises shall contain changeable copy with the exception of subordinate establishments taking advantage of the additional independent eight square foot display panels. The aggregate area of the main and subordinate display area shall not exceed 48 square feet.
   h.   Permanent subdivision signs. Permanent tract, subdivision or neighborhood signs situated at the street entrance or entrances to the appurtenant tract or neighborhood shall be permitted at the discretion of the Town Council with the recommendations of the Planning Board. The sign shall contain only the name of the said tract, neighborhood or subdivision, and:
      1.   Shall consist of landscaped, decorative masonry walls or structures and may be illuminated with flood lights or provided with interior illumination; and
      2.   For subdivisions with more than ten lots, two subdivision entrance signs per principal entrance are allowed. Each shall not exceed an area of 20 square feet and not exceed a height above the road pavement of seven feet. If installed within a divided intersection or island, it shall not be closer than 20 feet to the intersection of another street.
   Example 1: Subdivision Sign
   Example 2: Subdivision Sign
      3.   For subdivisions fewer than ten lots, one subdivision identification sign is allowed. Such sign shall not exceed 20 feet in area nor five feet in height.
      4.   Multi- family structures and group developments are permitted development identification sign(s) not to exceed 64 square feet in area. Only one freestanding sign per street frontage not to exceed ten feet in height.
      5.   The above requirements may be varied by the Planning Board as to size and placement if the sign is incorporated within an approved subdivision entrance way, gatehouse or portal.
      6.   Hotels, motels, inns and lodges shall be permitted business identification signs, which signs shall not exceed a combined area of 100 square feet. Only one freestanding sign per street frontage is allowed not to exceed the maximum height of freestanding signs in the district.
   i.   Barber pole. In addition to any other signs authorized by the provisions of this ordinance, any barber shop shall be entitled to display a barber pole.
   j.   Wall signs. Each business is permitted a wall sign on the primary and secondary face of the building.
      1.   The basic allowance for wall signs shall be limited to two square feet of sign area for each linear foot of building or tenant space for the primary elevation.
These Pictures Illustrate Signs for a Single Tenant and Are in Scale with the Tenant Space and Affords Flexibility and Opportunity for Creative Design
      2.   The basic allowance for wall signs shall be limited to one square foot of sign area for each linear foot of building or tenant space for the secondary elevation.
      3.   Each tenant may have multiple wall signs so long as the sign area does not exceed the allowances established herein.
      4.   The wall sign(s) shall not be greater than 80% of the length of the tenant space or the length of the building frontage.
      5.   The area of any wall sign may be increased by 25% when the building is set back at least 200 feet from the public right-of-way and may be further increased by an additional 25% for each additional 200 feet of setback, or fraction hereof, up to a maximum increase of 100%.
      6.   No sign shall be displayed or extend above the roof line or top of parapet of which said sign is located.
   k.   Projection signs are permitted in addition to the allowance of wall signs when designed and placed for the purpose of identifying the business along the same side of the street as the business they seek or under a continuous rain canopy projecting from the building. The sign shall not exceed eight square feet per sign face. The bottom of the sign shall not extend below eight feet above the sidewalk; the sign shall not exceed six feet beyond the wall face of the building.
Sample of Projection Signs   Sample Under Canopy Signs
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11 ON-PREMISES PERMANENT FREESTANDING SIGNS.

   a.   On-premises permanently installed freestanding appurtenant signs are permitted for each business or establishment which are on separate parcels, to which the business owner has exclusive right of possession, in commercial and industrial zones. Their maximum height, area and setback will vary depending on the vehicle speed limit of the highway and/or linear street frontage location as set forth below.
      1.   Twenty percent of the poster information shall be continuously devoted to the on- premises establishment to which the sign is appurtenant.
   b.   Size and height computation. The sign area shall include the frame, if any, but shall not include:
      1.   A pole or other structural support unless such pole or structure support is internally illuminated or otherwise designed to constitute a display device, or a part of a display device;
      2.    Architectural features that are either part of the building or part of the freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general;
Example of a Low Freestanding Sign Properly Placed and Is Visible to Passing Vehicles
      3.   When two identical sign faces are placed back to back so both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of the larger of the two faces; and
      4.   When the sign has more than two display surfaces, the area of the sign shall be the area of the largest display surfaces that are visible from any single direction.
The Area of a Sign, with More than Two Faces, Would Be Calculated at the Area of the Largest Rectangular Plane of the Panels That Are Visible from Any Single Location
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11.1 COMMERCIAL ZONE ALONG TWO LANE, 35 AND 45 MPH ROADS.

   a.   Maximum height of poster information is 12 feet measured above mean grade perpendicular to the primary street to which the sign is constructed. Where the sign property is higher than the primary highway or street, the sign may be 12 feet above the property average grade. The Zoning Administrator shall have the authority to determine that additional sign height is warranted (above the lower grade) to assure that the sign has visibility equal to other signs along the street. Alternatively, the sign shall not be granted extra height by measuring the height from an “artificial” site feature that has raised the base of the sign substantially above the grade of the adjacent street.
   b.   Front or side yard setback, nearest portion of the sign to the property line, 0.0 feet.
   c.   Maximum area of poster information is 32 square feet for a single establishment on a parcel of land that is less than 100 linear feet of road frontage. The same sign may be enlarged by eight square feet for each additional establishment to a maximum of 64 square feet of poster information. The height may be increased by two feet if the additional 32 square feet is utilized.
   d.   The maximum area of the sign on a parcel of land larger than 100 linear feet of road frontage is 50 square feet which may be enlarged by eight square feet for each establishment to a maximum of 64 square feet.
      The height may be increased by two feet if the additional 14 square feet is utilized.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11.2 COMMERCIAL ZONE ALONG A 55 MPH ROAD.

   a.   Maximum height of poster information is 16 feet above mean grade measured perpendicular to the primary street to which the sign is constructed. Where the sign property is higher than the primary highway or street, the sign may be 16 feet above the property average grade. The Zoning Administrator shall have the authority to determine that additional sign height is warranted (above the lower grade) to assure that the sign has visibility equal to other signs along the street. Alternatively, the sign shall not be granted extra height by measuring the height from an “artificial” site feature that has raised the base of the sign substantially above the grade of the adjacent street.
   b.   Front or side yard setback, nearest portion of the sign to the property line, 0.0 feet.
   c.   Maximum area of poster information is 50 square feet for a single establishment on a parcel of land that is less than 100 linear feet of road frontage. The same sign may be enlarged by eight square feet for each additional establishment to a maximum of 82 square feet of poster information. The height may be increased by two feet if the additional 32 square feet is utilized.
   d.   The maximum area of the sign on a parcel of land larger than 100 linear feet of road frontage is 64 square feet which may be enlarged by eight square feet for each additional establishment to a maximum of 96 square feet. The height may be increased by two feet if the additional 32 square feet is utilized.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11.3 SHOPPING CENTERS.

   a.   Shopping center signage is preferred to be approved along with site plan review. A SHOPPING CENTER is defined for this part as five or more commercial establishments on a parcel of land.
   b.   All freestanding signs, including those for out-parcels shall be consolidated to minimize the number and clutter of freestanding signs.
   c.   Shopping centers with more than 300 linear feet of road frontage may have more than one freestanding sign, provided that they are spaced at least 100 feet apart along the road measured from the center of the signs.
   d.   These additional signs shall not exceed 64 square feet of poster information per side.
   e.   Shopping centers that front U.S. Highway 70 may have one monument or freestanding sign that may contain multiple poster panels for primary and subordinate establishments.
   f.   If the sign is located within 50 feet of the entrance driveway, it shall be set back at least seven feet from the front property line otherwise, the sign may be located up to the property line.
   g.   If the sign is located within 50 feet of the entrance driveway intersection of the primary street, the bottom of the sign structure shall be no closer than seven feet above the ground. and the sign support post or poles shall not obstruct the view of on-coming traffic along the primary street. Landscaping shall be maintained so as not to exceed three feet high and not to obstruct the view of on-coming traffic.
   h.   This sign may be a monument type if located further than 50 feet from the entrance intersection so long as not to obstruct the view of on-coming traffic along the primary street.
   i.   For shopping centers that are larger than 50,000 square feet in building area, the freestanding sign may not exceed 196 square feet in poster area. The allowable area of one freestanding sign may be computed as one square foot per linear foot or principal footage and shall not exceed 300 square feet, except for the larger commercial centers with two freestanding signs as referenced above. Allowable square footage for combined freestanding signs shall not exceed 300 square feet.
   j.   For shopping centers equal to or less than 50,000 square feet in building area, the freestanding sign may not exceed 132 square feet in poster area.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11.4 INDUSTRIAL PARK SIGN.

   a.   For an industrial park containing ten or more acres of land area, one park identification sign for each principal entrance or frontage not to exceed two faces neither of which shall exceed 100 square feet of surface area. Parks less than ten acres may display a sign not larger than 32 square feet.
   b.   Each establishment may display signs such as permitted on commercial establishments.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)

§ 14-11.5 SPECIAL USE SIGN.

   Contemporaneous with or subsequent to the granting of a special use permit, the Board of Adjustment may authorize identification signs appurtenant to the special use and may impose additional restrictions on their size, height, shape, color, lighting and location. The Board shall not authorize a sign that exceeds the requirements of the use if it were located in a permitted use zone elsewhere in this article.
(Ord. Z2013-01, passed 9-12-2013; Ord. Z2016-03, passed 7-14-2016)