North Manchester City Zoning Code

SIGNS

§ 156.400 PURPOSE.

(A) It is recognized that certain uses need and/or require advertisements through the use of sign displays.

(B) It is the intent of this subchapter to:

(1) Encourage creative and imaginative design and use of signs in order to create a more attractive economic and business climate;

(2) Foster and improve the economic vitality of the community by enhancing and protecting the physical appearance of the community;

(3) Reduce hazards that may be caused by signs overhanging or projecting into the public right- of-way;

(4) Provide each legal property owner or tenant an opportunity for effective identification;

(5) Prevent the distraction of the motoring public;

(6) Minimize the obstruction of views from roadways to adjacent properties.

(C) In order to accomplish these sometime conflicting purposes, it is necessary to regulate the size, location, construction and manner of display of signs as set forth in this subchapter.

(Ord. passed 9-26-2006)

§ 156.401 DEFINITIONS.

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

SIGN, CONSTRUCTION. A construction sign is a temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.

SIGN, DIRECTIONAL. A directional sign is any on-premise sign giving directions, instructions or facility information, but shall not contain the name or logo of an establishment, nor any advertising copy.

SIGN, FREESTANDING. A freestanding sign is any permanent sign not attached to a building. This shall include signs attached to poles and signs attached directly to the ground.

SIGN, NON-CONFORMING. A non-conforming sign is a sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

SIGN, POLITICAL. A political sign is a temporary sign which announces the candidacy of a person or slate or persons running for elective office, or a political party or issue.

SIGN, SANDWICH BOARD. A portable sandwich board is a sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged, or A-frame construction that allows the sign to be displayed indoors or outdoors.

SIGN, PORTABLE. A portable sign is a sign which is movable and which is not permanently attached to the ground, a structure or other signs, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.

SIGN, PROJECTING. A projecting sign is a sign supported by a building wall or column and extending a distance exceeding 12 inches from the wall.

SIGN, REAL ESTATE. A real estate sign is a temporary sign advertising the property or land upon which the sign is located as being for rent, lease or sale.

SIGN, SUBDIVISION. A subdivision sign is any ground-mounted or wall sign identifying a recognized subdivision, condominium complex or residential development.

SIGN, TEMPORARY. A temporary sign is any sign not constructed or intended for long-term use and is not permanently mounted.

SIGN, WALL. A wall sign is any sign which is located on or formed by the surface of the wall of a building. A Mansard roof facade on a building shall be considered part of the wall.

SIGN, WINDOW. A window sign is a sign installed inside a window and intended to be viewed from the outside.

(Ord. passed 9-26-2006)

§ 156.402 EXEMPT SIGNS.

The following types of signs shall be exempt from the requirements of this subchapter:

(A) Signs not exceeding one square foot in area, bearing only property or address numbers, post box numbers, names of occupants of premises or home occupations when affixed flat to the face of a building or structure;

(B) Flags and insignia of any government;

(C) Integral decorative or architectural features of buildings, except letters, trademarks, logos, moving parts or moving lights;

(D) Signs, directing and guiding traffic and parking on private property, but bearing no advertising matter, including logos;

(E) Signs no larger than two square feet identifying or providing directions for historical sites, governmental buildings, churches, retirement homes/communities or similar buildings;

(F) Window signs for all uses, in all districts. Such signs may not occupy more than 50% of the area of the window in or on which they are displayed;

(G) A commemorative plaque, historical sign, cornerstone or similar sign. Such sign shall not exceed nine square feet and shall not be illuminated; and/or

(H) Signs identified in § 156.407 of this chapter.

(Ord. passed 9-26-2006)

§ 156.403 ON-PREMISES SIGNS; GENERAL PROVISIONS.

(A) In any district, except as noted, the provisions of this subchapter shall be applied to affect the safety of motorists and facilitate traffic movement.

(1) No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal or device.

(2) No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.

(3) No exterior sign shall be permitted to display flashing, intermittent, revolving, rotating or animated lighting or illumination, nor any illumination which simulates or displays motion in the Central Business District (CBD). All other districts are subject to approval by the Board of Zoning Appeals by variance, after application for variance.

(4) Except as may be permitted herein, portable signs are prohibited.

(5) All signs not expressly exempted or permitted by this chapter are prohibited.

(B) In all districts, the provisions of this subchapter shall apply.

(1) No sign shall be erected in the town unless it is in full compliance with these sign regulations.

(2) No sign shall be erected unless it is in compliance with all applicable regulations of the town’s Building Code.

(3) Any sign which is permanently mounted shall bear, in a permanent position, a clearly legible identification stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, and the date of erection.

(4) No sign shall be permitted as the principal use on any property. Signs shall only be permitted as accessory uses with the exception of the standards of § 156.408 of this chapter.

(5) No part of any sign which is attached to the exterior wall of a building shall be erected to a height in excess of the roof or parapet line of such building.

(6) No illuminated sign shall be permitted within 50 feet of property in any residential district unless the illumination of such sign is so designed that it does not reflect or shine light onto such property.

(7) No part of any freestanding sign shall be erected to a height greater than that specified for other structures in the district in which the sign is located.

(8) Rooftop sign structures shall not extend above the roof line, nor shall such sign structures extend beyond or overhang any exterior wall of the building upon which they are secured.

(9) The minimum setback of freestanding signs from street rights-of-way shall not be less than those given below. Setback shall be measured to the nearest point of the sign structure to the edge of the right-of-way.

Minimum Sign Setbacks from the Public Right-of-Way
Area of Sign (per face)	Minimum Setback
Less than 5 square feet	2 feet
5 square feet to 14.9 square feet	10 feet
15 square feet to 49.9 square feet	20 feet
50 square feet or larger	30 feet

(10) The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

(11) No freestanding sign shall be erected or maintained on or within any easement on right-of-way, public or private, without special permission in writing from that person or persons entitled to give such permission.

(Ord. passed 9-26-2006; Ord. 6, 2014, passed 10-1-2014)

§ 156.404 RESIDENTIAL DISTRICT SIGNS.

In any residential district, the provisions of this section shall apply.

(A) Multi-family developments may display identification signs indicating nothing other than name and/or address of the premises and/or the name of the management. Such sign shall not exceed nine square feet in area and may be illuminated.

(B) Entrance signs for subdivision developments may only display the name of the subdivision. Such sign shall not exceed 20 square feet in area and shall not exceed six feet in height. Such sign may be illuminated.

(C) Only one sign per street frontage shall be permitted for subdivisions and multi-family developments; except that, uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage.

(D) The base of residential signs which are affixed to the ground shall be landscaped in area at least equal to the total square footage of the sign face.

(Ord. passed 9-26-2006)

§ 156.405 BUSINESS AND INDUSTRIAL DISTRICT SIGNS.

In any business or industrial district, the provisions of this section shall apply.

(A) Multi-family developments shall be subject to the provisions of § 156.403 of this chapter.

(B) Freestanding signs shall be permitted as accessory uses for non-residential uses according to the number and net area of signs set forth below:

Maximum Sign Area for Business and Industrial Freestanding Signs
District	Maximum Net Sign Area*
B-L	40 square feet
B-G	60 square feet
CBD	40 square feet
L-I and I	60 square feet
NOTES TO TABLE: Total combined area of all sign faces of freestanding signs on the lot or property.

(C) No wall-mounted sign shall project over a lot line and no sign shall project into a required yard by more than two feet.

(D) In any industrial district, each business or industrial use shall be permitted identification signs on the lot only as incidental uses, not to exceed two such signs or a total net area of 100 square feet.

(E) To encourage design excellence, the maximum sign areas for business and industrial signs, as set forth in §§ 156.404(B) and (D) of this chapter, may be increased by the percentages as provided for herein. A separate bonus is granted for compliance with each of the criteria and the area is cumulative, but the percentage increase is based on the original sign area limitation.

(1) Freestanding signs may be increased in sign face area as follows:

(a) Twenty percent when the sign is constructed of solid wood and uses only colors approved by the Plan Commission;

(b) Twenty percent when the sign is installed in a landscaped planter having an area four times the area of the resultant sign and the entire design is approved by the Plan Commission; and

(2) Wall or facade signs may be increased in sign face area as follows, but only if the projection of the sign does not exceed 12 inches from the wall or facade on which it is mounted:

(a) Ten percent if the sign is not designed or used with illumination, either internal or external;

(b) Ten percent if the wall sign is the only sign identifying the establishment or its principal product;

(c) Ten percent if the sign is designed to contain only the identification of the establishment without advertisement of any products sold on the premises; and

(d) Five percent if the sign face is made from unbreakable material.

(3) For the purposes of the foregoing sections, the total increase of sign area shall not exceed 25% regardless of the combination of criteria that are met.

(F) Window signs shall be permitted in any business or industrial district provided that such window signs do not cover more than 50% of the total area of the windows visible from any public right-of-way.

(G) Sandwich board signs may be permitted in the CBD not to exceed 12 square feet per sign face (each side) as follows.

(1) The sidewalk on which the sandwich board sign is located shall be at least six feet in width.

(2) The sign shall not interfere with pedestrian movement on the sidewalk.

(3) The sign shall only be located outdoors between the hours of 6:00 a.m. to 10:00 p.m.

(Ord. passed 9-26-2006)

§ 156.406 AGRICULTURAL DISTRICT SIGNS.

In any agriculture district, the provisions of this section shall apply.

(A) Agricultural uses shall be permitted one sign not to exceed 30 square feet. Such sign shall not be illuminated.

(B) Business uses shall be permitted two signs not to exceed 30 square feet each.

(C) Other non-residential uses shall be permitted one identification sign, indicating nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall not exceed 12 square feet in area unless erected along an abutting street or road having a speed limit in excess of 40 mph; then the area of such sign shall not exceed 30 square feet. Only one sign per street frontage shall be permitted; except that, uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage.

(Ord. passed 9-26-2006)

§ 156.407 SIGNS PERMITTED IN ANY DISTRICT.

The signs permitted by this section shall be permitted in any district:

(A) One “For Sale” or “For Rent” or “For Lease” sign not more than nine square feet in area for each parcel with dwelling unit, garage or other living quarters, where appropriate. Such sign shall not be illuminated;

(B) One sign, not more than 12 square feet in area, for construction and development, giving the name of the contractors, engineers or architects, shall be permitted, but only during the time that construction or development is actively underway. Such sign shall not be illuminated;

(C) One portable or temporary sign on premise, not in excess of the number or size provisions of this chapter may be permitted up to, but not to exceed, 45 days, if the portable sign is being used in lieu of a permanent sign, or during the period while commercial construction or remodeling is actively underway, to be removed when the permanent sign is erected in the first case, or when construction is completed under that improvement location permit in the second case. Such sign shall not be illuminated;

(D) One portable sign not over 50 square feet in area, on the premises on which the event will take place, shall be permitted. Such sign shall not be erected more than 30 consecutive days before the event in question and shall be removed immediately after such event. Also, directional signs may be permitted not more than three square feet in area, showing only a directional arrow and the name of the event of public interest; such signs shall not be erected more than 14 days before the event in question, and shall be removed immediately after such event. Such signs shall not be illuminated and shall only be permitted twice a year;

(E) Political advertisement signs on private property may be erected, with the owners’ permission, no more than 30 days prior to the election and are to be removed within five days after said election. Such sign shall not be illuminated; and

(F) For each major entrance to a real estate subdivision one sign containing the name of the subdivision only shall be permitted. Such sign shall not exceed 20 square feet and shall have a maximum height of six feet.

(Ord. passed 9-26-2006)

§ 156.408 OUTDOOR ADVERTISING SIGNS.

(A) Outdoor advertising signs shall be permitted in L-I, I and A Districts only.

(B) Outdoor advertising signs shall be separated by 1,000 feet in all directions from each other.

(C) No outdoor advertising sign shall be permitted if it is located within 300 feet of land that has been platted for residential use or is zoned RE, RSF, RTF, RMF-L, RMF-H or RU.

(D) No outdoor advertising sign structure shall contain more than two facings.

(E) The maximum area for any one sign shall be 1,000 square feet and the maximum width 25 feet and maximum length of 60 feet, exclusive of any border, trim, ornamental base, apron, supports, embellishments and other structural members, if the exclusions do not exceed 20% of the sign area. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the area affected.

(F) Revolving signs shall be prohibited.

(Ord. passed 9-26-2006)

§ 156.409 PERMIT REQUIRED.

An improvement location permit shall be required based on the following conditions.

(A) Permanent and temporary signs shall require an improvement location permit. Fees shall be as identified in the schedule of fees as adopted by the Town Council.

(B) No person shall locate or display any sign unless all provisions of this chapter have been met. An improvement location permit shall be required for each sign unless specifically exempted in the subchapter.

(C) A sign for which a permit has been issued shall not be modified, relocated, altered or replaced unless an amended or new permit is obtained from the Building Commissioner.

(Ord. passed 9-26-2006)

§ 156.410 NON-CONFORMING SIGNS.

(A) All signs erected following the effective date of these regulations shall comply with all the provisions of these regulations when erected.

(B) All signs which are in existence on the effective date of these regulations, which do not conform to the standards of this subchapter, shall be considered non-conforming signs and shall be subject to the following provisions.

(1) No non-conforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message.

(2) No non-conforming sign shall be structurally altered so as to change the shape, size, type or design of the sign, nor shall any non-conforming sign be relocated.

(3) No non-conforming sign shall be allowed to remain after the use of land or building which has ceased by discontinuance or abandonment to which the sign relates.

(4) The normal maintenance of non-conforming signs shall be permitted. However, not more than 50% of a non-conforming sign shall be replaced without modifying the non-conforming sign so that it conforms to these regulations.

(Ord. passed 9-26-2006)

§ 156.411 ABANDONMENT OF SIGNS.

(A) If any sign is abandoned for a period of at least six consecutive months in any 18-month period, such sign shall be considered a nuisance affecting or endangering surrounding property values and shall be deemed detrimental to the public health, safety and general welfare of the community.

(B) Such sign shall be abated within 60 days of notification by the Building Commissioner either by:

(1) Removing the sign in question. Removal includes the total disassembly of the sign structure including the base, to the grade on which the sign was erected. Any sign not removed within the specified 60-day time period may be removed by the town at the property owner’s expense and assessed to that property owner on the next property tax statement; and

(2) Altering the sign and its structure so that it conforms to the regulations and provisions of this code.