Rose Hill City Zoning Code
SIGN REGULATIONS
§ 154.080 GENERALLY.
The purpose of these regulations is to minimize any detrimental effects of signs on adjacent land uses and to ensure that permitted signs do not become a public nuisance or hazard. All signs erected, altered, relocated, or maintained shall be in accordance with the provisions of this subchapter.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.081 SIGNS PERMITTED IN CONJUNCTION WITH NONCONFORMING USES.
Any nonconforming use in any district may maintain any business signs as would be allowed for the use in the most restrictive district in which the use would be permitted or any signs as are existing at the time the use becomes nonconforming, whichever is the more restrictive with regards to sign size.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.082 FREESTANDING SIGNS.
A FREESTANDING SIGN is defined as any sign supported wholly, or in part, by some structure other than the building or buildings housing the business to which the sign pertains or any sign which projects more than five feet from the side of the building to which it is attached. No freestanding sign shall be permitted in the CB Central Business District or as an adjunct to any business which is a nonconforming use. Freestanding signs are further regulated in §§ 154.084 and 154.085.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.083 PERMANENT WALL SIGNS.
A PERMANENT WALL SIGN is defined as any sign exposed to nature’s elements and attached to the main business structure and/or any on-site canopy in common ownership with the main business structure to which it pertains.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 3-12-2013; Ord. passed 6-29-2021)
§ 154.084 COMMERCIAL SIGNS.
(A) All commercial signs, other than those described in § 154.085, shall be placed on the premises of the building housing the business to which the sign pertains, and if the premises has no frontage on a public street, the sign may be placed within 20 feet of the nearest intersection of the drive to the premises with a public street, or immediately across the public street from the intersection. No part of any sign, other than a freestanding sign, shall be less than eight feet from the ground or pavement under it. No sign shall project into any part of a public way or exceed the permitted building height in each zoning district, except as otherwise allowed. Except as otherwise allowed, a freestanding sign shall not exceed 110 square feet in area per sign face per side, provided, the total square footage per side may be created by either one sign or multiple signs. Only one freestanding sign shall be permitted for each separate commercial lot regardless of the number of businesses located on the lot, except as otherwise allowed. Two freestanding signs shall be permitted for a commercial lot located on a corner of two non-municipal streets (such as state or federal-aid highways), regardless of the number of businesses located on the lot, except as otherwise allowed. Unless otherwise stipulated, permanent wall signs shall be permitted for each separate business establishment when the specific walls pertaining to that particular business location can be determined. In the case of multiple businesses sharing a common wall for the display of their signage, the sum total of all the multiple businesses’ combined signage on the wall shall not exceed the maximum number of signs and area stated hereinbelow for a single business. Unless otherwise stipulated, the maximum number of permanent wall signs allowed per side of the building to which they pertain shall be four, and the total allowable sign area for all such signs shall not exceed two square feet for each lineal foot of building wall to which the signs are attached, or 400 square feet, whichever is the lesser amount. Permanent wall signs located in the CB Central Business District, the NB Neighborhood Business District and the HB-2 Highway Business District (excluding permanent wall signs attached to walls that are fronting on, and parallel with, Interstate 40) shall be limited to a maximum of four signs per side of the business building to which they pertain; provided, the total allowable sign area for all such signs shall not exceed two square feet for each lineal foot of building wall to which the signs are attached, or 200 square feet, whichever is the lesser amount. Permanent wall signs located in the HB-2 Highway Business District that are attached to building walls that front on, and are parallel with, Interstate 40 shall be limited to a maximum of one sign per side of the business building to which it pertains; provided, the total allowable sign area for the single sign shall not exceed 100% of the building wall area to which the sign is attached, or 2,800 square feet, whichever is the lesser amount. Permanent wall signs located in all residential zoning districts designated as either R-1, R-2, R-3 or MH shall be limited to one sign per side of the business building to which it pertains, and the size of the sign area shall not exceed one square foot for each lineal foot of building wall to which it is attached.
(B) Freestanding on-premise signs that are located in the HB-2 Highway Business District shall be allowed as prescribed below. Two freestanding on-premise identification signs shall be allowed as follows on the premises of the building housing the business, or businesses, to which the sign(s) pertain.
(1) One sign may be erected to a maximum height of 150 feet with a maximum sign area per sign face of 400 square feet per side, provided, the total square footage per side may be created by either one sign or a maximum of two separate signs on the same pole.
(2) One sign may be erected to a maximum height of 35 feet with a maximum sign area per sign face of 400 square feet per side. The total square footage per side may be created by either one sign or multiple signs on the same pole or other structural support.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 3-12-2013; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.085 OFF-PREMISE SIGNS.
(A) Generally. Off-premise signs shall only be allowed in industrial zoning districts, highway-business zoning districts, and the mixed use zoning district as prescribed below.
(B) Specifically.
(1) Off-premise signs that are located in the I-2 Industrial District shall not exceed 400 square feet in area per sign face per side and necessary structural supports and structural margin shall not exceed 36 inches in width on each border of the sign. No off-premise sign shall be located closer than 35 feet to any residential zoning district line. No off-premise sign shall be located closer than 300 feet from another sign (off-premise or on-premise).
(2) Off-premise signs that are located in the HB-2 Highway Business District shall not exceed 400 square feet in area per sign face per side and necessary structural supports and structural margin shall not exceed 36 inches in width on each border of the sign. An off-premise sign shall be allowed on the same pole as an on-premise sign; provided, the total number of signs shall not exceed two and the total combined square footage for the area of both sign faces shall not exceed 800 square feet per side. No off- premise sign shall be located closer than 35 feet to any residential zoning district line. No business shall erect, or attach in any manner, an off-premise sign if the same business erects one or more on-premise signs that exceed 35 feet in height (combined height if two signs are erected), as allowed in § 154.084.
(3) Off-premise signs that are located in the MU Mixed Use District, the I-1 Industrial District, and the I-3 Industrial District shall be one-sided or double-sided. Both sides of any particular double-sided off-premise sign shall pertain to the same business. The off-premise signs shall not exceed 128 square feet in area per sign face and 35 feet in height, and an off-premise sign shall not be located closer than 1,000 feet, in any direction, from another off-premise sign.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.086 INSTITUTIONAL SIGNS.
Signs erected by schools, churches, hospitals, and other institutions are permitted in all districts, but the size of the sign shall not be in excess of 24 square feet.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.087 UNSAFE AND UNLAWFUL SIGNS.
No sign shall be erected or maintained so as to obstruct free and clear vision of pedestrian and automotive traffic, and in no case shall a freestanding sign be closer than 20 feet to a street intersection measured from the intersection of the two nearest street lines, except as otherwise allowed. If the Town Administrator shall find any sign unsafe or a menace to the public, or which is in violation of this chapter, he or she shall give written notice of the violation to the owner or valet of the sign. If the person to whom notice is given fails to remove or alter the structure so as to comply with the required standards within 30 days after the notice, the sign may be removed or altered by the Town Administrator so as to bring the sign into compliance with the required standards, and the expense incurred by the town to obtain the compliance shall be charged to the owner of the sign. Any sign which no longer advertises any bona fide business conducted or product sold shall be taken down and removed by the owner, agent, or person having the beneficial use of the property upon which the sign is located.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.088 EXEMPTIONS.
The following signs are exempted from the foregoing sign regulations: all town-owned signs; signs bearing the name of the occupant of the dwelling, office, or other building or home occupation which do not exceed two square feet in area per sign face and which, if lighted, are lighted only with concealed light sources; signs advertising the sale, rental, or development of property which are not in excess of 12 square feet per sign face; temporary signs of artisans and contractors temporarily working on the premises and which are not more than 12 square feet in area per sign face and which do not exceed in number more than one sign for each 300 feet of frontage on a public way and provided the signs are removed as soon as the work is completed; signs pertaining to any civic or nonprofit organization or fraternal order which are not in excess of 24 square feet in area per sign face; permanent freestanding identification signs placed at the entrance of subdivisions and residential developments not otherwise regulated, provided, the signs shall not exceed one per major entrance and 24 square feet in area per sign face, shall be placed on private property no closer than ten feet to any street right-of-way line, shall not exceed five feet in height above ground level and shall be illuminated by indirect lighting; signs located within planned unit developments and regulated by planned unit development regulations or ordinances as they pertain to signs; signs normally incidental to the operation of a business, such as small brand name signs, sale signs, signs advertising “specials,” credit card signs, and the like, as long as they are not freestanding signs; signs directing and guiding traffic and parking on private property (including freestanding signs) which are not in excess of eight square feet in area per sign face per side and not in excess of three feet in height, except that any sign within five feet of a street right-of-way shall not exceed two feet in height; signs cautioning traffic on private property (including freestanding signs), such as clearance warning signs at drive-thru ordering stations, which are not in excess of ten square feet in area per sign face per side; signs designated for replaceable product prices such as restaurant menu boards (when attached or freestanding and not in excess of 60 square feet per sign face) and gasoline/diesel price signs (when attached to the supports of an overhead canopy at a fuel pump island and not in excess of 60 square feet per sign face); signs which cannot be seen from a public street or right-of-way.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.089 FLASHING SIGNS.
Flashing signs shall be prohibited in all districts. These signs include any sign containing an intermittent or flashing light source. The signs shall not be deemed to include time and temperature signs or public message displays using electronic switching.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.090 FLAGS AND BANNERS.
Flags, banners, and streamers shall be used only in special occasions, such as in drawing attention to a grand opening, and only for a maximum time period of one week. This provision shall not be deemed to include the display of the United States or the state flags, or any other similar flag or banner which is normally displayed at any time.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999