Rothbury City Zoning Code

SIGNS

§ 154.330 INTENT.

(A) The purpose of these requirements is to provide a framework within which the identification and informational needs of all land uses can be harmonized with the desires and aesthetic standards of the general public.

(B) It is intended through the provisions contained herein to give recognition to the legitimate needs of business, industry, and other activities in attaining their identification and informational objectives.

(C) However, it is a basic tenet of this subchapter that unrestricted signage does not benefit either private enterprise or the community at-large.

(1) Signs should not, by reason of their size, location, construction, or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision, impede traffic safety, annoy or disturb the residents of the village, or adversely impair property values.

(2) All signs erected or structurally altered shall conform to all codes and ordinances of the village and shall require approval and a permit.

(Prior Code, § 154.305) (Ord. 48, passed 6-21-2005)

§ 154.331 APPLICATION REQUIREMENTS FOR ALL SIGNS.

(A) Sign permits. No person shall erect or relocate, or cause to be erected or relocated, any sign or billboard without first obtaining a sign permit. No person shall repair, alter, or cause to be repaired or altered any sign or billboard without obtaining a sign permit if two-thirds of the replacement value of the sign or billboard will be exceeded.

(B) Procedure to obtain a permit.

(1) Application for a sign permit shall be submitted on forms provided by the Zoning Administrator and shall contain at least the following:

(a) Name, address, and telephone number of the applicant and that of the owner of the premises upon which the sign or billboard is to be erected;

(b) Location of the building, structure, or lot to which or upon which the sign or billboard is to be attached or erected;

(c) Position of the sign or billboard in relation to nearby buildings, structures, signs, or billboards. A scale drawing containing such information shall be submitted;

(d) Two blueprints or ink drawings of the plans and specifications and the method of construction and attachment to a structure or ground;

(e) For signs in excess of 12 square feet, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction of not less than 35 pounds per square foot;

(f) Name of the person, firm, or corporation erecting the sign or billboard; and

(g) The written consent of the owner of the structure or land upon which the sign or billboard is to be erected.

(2) If the sign is to be illuminated, the applicant shall submit the electrical plans and specifications respecting all wiring and connections along with a statement that the same complies with the Building Code and the customary safe practices followed by the electrical profession.

(3) After submission of the application, the Zoning Administrator shall examine the plans, specifications, other data, and the premises upon which it is proposed to erect such sign or billboard. If the proposed structure complies with the requirements of this chapter, the provisions of any building code and state law, he or she shall then issue a sign permit. The permit shall be void if the work authorized under a sign permit has not been completed within six months from the date of issuance.

(4) Each applicant shall pay permit fees established by the village.

(5) Every sign or billboard hereafter erected shall have painted in a conspicuous place thereon in letters not less than one inch in height the date of erection, the permit number, and the voltage of any electrical apparatus used in connection therewith.

(Prior Code, § 154.306) (Ord. 48, passed 6-21-2005)

§ 154.332 REGULATIONS FOR ALL SIGNS.

The following regulations shall apply to all signs.

(A) Signs may not be located within public rights-of-way.

(B) No sign shall extend above or exceed the highest roof line of the principal structure, nor be more than 20 feet above the average grade level at the base of the sign. Signs exceeding the height limitations of the zoning district in which they are located may be allowed as special land uses.

(C) No sign shall be erected or located so as to prevent free ingress to or egress from any window, door, or fire escape of or upon any building, nor shall any sign be attached to any fire escape.

(D) Every electrical device and all electric wiring installed for any purpose upon any sign, or placed within such sign, or constructed on the outside of such sign, shall conform to the requirements of the Electrical Code.

(E) No sign shall be so erected or located that, by reason of its location, shape, or color (or the color, shape, or location of the lights used in conjunction therewith), it might interfere with traffic, or be confused with or obstruct the view or effectiveness of any official traffic signal, traffic sign, or traffic marking.

(F) Every sign hereafter erected or located within the village shall conform to all the applicable provisions of the Zoning Ordinance.

(G) No sign shall contain lewd, vulgar, indecent, or obscene matter of a publicly-offensive nature.

(H) Illuminating arrangements for signs shall be such that the light is constant and concentrated upon the sign. The source of illumination must be shielded so that there is no glare cast upon the street, the sidewalk, or adjacent property.

(I) Every projecting and freestanding sign shall be designed and constructed to withstand a wind pressure of 35 pounds per square foot of area, and shall be constructed to receive loads as provided in the International Building Code.

(J) No sign shall be placed in a position that will make it dangerous to traffic on a street, nor shall a sign of any size or description be placed within the clear vision area.

(Prior Code, § 154.307) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.333 MEASURING SIZE OF SIGNS.

(A) The surface area of a sign shall be computed as including the entire area within a regular geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, including framing. Round, oval, or odd-shaped signs are measured as though they were rectangular. Size shall be determined as the product of the height and width as measured at the widest and tallest points.

(B) Wall signs (or any sign where the letters are affixed to a large background, such as a wall or fence, without a defined border) are measured by establishing an artificial rectangle around the perimeter of the sign message.

(Prior Code, § 154.308) (Ord. 48, passed 6-21-2005)

§ 154.334 WALL SIGNS.

(A) (1) Each non-residential parcel is allowed either:

(a) Two wall signs; or

(b) One wall sign and one freestanding or ground sign.

(2) Corner parcels may have one additional wall sign. However, if two wall signs are requested, they must be on different walls.

(B) Wall signs are allowed in all zoning districts.

(D) Signs consisting of independent letters shall not exceed two square feet for each one linear foot of building width or length.

(Prior Code, § 154.309) (Ord. 48, passed 6-21-2005)

§ 154.335 PROJECTING SIGNS.

(A) Projecting signs must be mounted at 90-degree angles and separated from any other projecting sign by a distance of not less than 12 feet.

(B) Projecting signs cannot be placed on roof supports or columns.

(D) One projecting, overhanging sign may be permitted per business in lieu of either a freestanding or wall sign provided that the sign does not exceed 32 square feet in area, is not less than ten feet from the ground at its lowest point, and is secured and located so as to preclude its becoming a hazard to the public. Buildings on corner lots may have one additional projecting sign on a different side.

(Prior Code, § 154.310) (Ord. 48, passed 6-21-2005)

§ 154.336 GROUND SIGNS.

(A) The total area of the allowed ground sign shall not exceed 24 square feet per side.

(B) The highest point of a ground sign shall not exceed six feet.

(C) Other than the name of the subdivision at the entrance of the subdivision, ground signs are not allowed in residential zoning districts.

(Prior Code, § 154.311) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.337 FREESTANDING SIGNS.

(A) Shall not obstruct a clear view of traffic;

(B) Shall not exceed 25 feet in height;

(D) Shall be set back at least ten feet from any property line;

(E) Shall not be allowed in residential zoning districts; and

(F) Shall be a minimum of ten feet from the ground to the bottom of the sign.

(Prior Code, § 154.312) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.338 SIGNS IN RESIDENTIAL DISTRICTS.

Signs in residential districts shall be permitted subject to the following restrictions. Non-illuminated signs shall be permitted for any of the following purposes:

(A) Identification of home occupation (wall signs only) of not more than two square feet;

(B) Signs advertising a new subdivision or major developments may be permitted for not more than one year; provided that they do not exceed 32 square feet in area (on each sign face if back-to-back faces); and

(C) Institutional uses and public buildings and community service installations permitted in residential districts shall comply with this section, except they may have a maximum area of 32 square feet (on each sign face if back-to-back faces).

(Prior Code, § 154.313) (Ord. 48, passed 6-21-2005)

§ 154.339 SIGNS IN COMMERCIAL DISTRICTS.

Signs shall be permitted in commercial zoning districts subject to the following restrictions:

(A) All signs shall pertain exclusively to the business carried on within the building;

(B) Signs shall not obstruct a clear view of traffic;

(C) There may be up to two directional or traffic-control signs per driveway or entrance/exit not exceeding three square feet in size, designating exits, entrances, parking and loading areas, and shipping docks;

(D) Wall signs:

(1) Where a principal structure has a marquee or canopy which is an integral part of the structure, the front line of the marquee or canopy must be at least ten feet above the walk surface in front of the structure;

(2) Wall signs shall be flat signs attached and parallel to the face of the building wall, or parallel to the building on a canopy or awning. They may be projecting, but shall not project beyond 15 inches from the wall. Signs shall not project above the building; and

(3) There may be one wall sign per business per building side.

(E) Freestanding signs:

(1) Shall not exceed 25 feet in height;

(2) Shall not exceed one per parcel, regardless of the number of businesses located on a parcel;

(3) No part of any sign shall project beyond the property line; and

(4) Shall not exceed 32 square feet in area (on each sign face if back-to-back faces).

(F) Wall murals, including hand-painted wall murals, not containing letters or numbers shall be permitted in commercial zoning districts, provided that such a mural:

(1) Shall be painted directly on the side of an existing building, and shall not be permitted on any additional structure or framework; and

(2) Shall be adequately maintained.

(a) The maintenance shall include continued readability of the mural, and preservation of the mural with paint or other surface-finishing material.

(b) If the mural is not maintained, the Zoning Administrator shall issue written notice of any disrepair to the owner of the structure.

(Prior Code, § 154.314) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.340 INDUSTRIAL DISTRICTS.

Signs shall be permitted in the Industrial Zoning District subject to the following restrictions:

(A) Signs shall pertain exclusively to the business carried on within the building;

(B) Directional signs up to six square feet, designating exits, entrances, parking and loading areas, or shipping docks;

(D) Wall signs:

(1) Wall-mounted signs shall be flat signs attached and parallel to the face of the building wall, not higher than the height of the building. Where a principal structure has a marquee, awning, or canopy which is an integral part of the structure, the front line shall be at least ten feet above the walk surface in front of the structure; and

(2) Wall signs painted or affixed to buildings shall not exceed 10% of the total surface area of the building face to which they are attached.

(E) Freestanding signs:

(1) Shall not exceed 25 feet in height;

(2) Shall not exceed 75 square feet in area (on each sign face if back-to-back faces); and

(3) Freestanding signs having more than two sides shall not exceed 150 square feet for all sides combined.

(Prior Code, § 154.315) (Ord. 48, passed 6-21-2005)

§ 154.341 SIGNS NOT TO CONSTITUTE A TRAFFIC HAZARD.

No sign shall be erected at the intersection of any street in such a manner so as to obstruct free and clear vision; or at any location where by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of the words “stop,” “look,” “danger,” or any word, phrase, symbol, or character in such manner so as to interfere with, mislead, or confuse traffic.

(Prior Code, § 154.316) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.342 PORTABLE OR MOVABLE SIGNS.

Any freestanding sign not permanently anchored or secured to either a building or the ground, including, but not limited to, “A” frame, “T” frame, or inverted “T” shaped structures, including those signs mounted on wheeled marquee signs, shall be permitted in all non-residential zoning districts, and in residential districts occupied by public buildings and community service installations as defined herein, in accordance with the following provisions:

(A) Portable signs are permitted for a period not to exceed 30 days;

(B) Portable signs may be illuminated, but no flashing or moving illumination shall be permitted. The source of illumination shall be shielded from traffic and adjacent properties;

(C) All portable signs shall be set back at least ten feet, measured from the right-of-way line to the leading edge of the sign;

(D) The sign face of any portable sign shall not exceed 32 square feet in surface display area (on each sign face, if back-to-back faces); and

(E) Portable signs exceeding the above requirements may be permitted by a “special event permit” granted by the village.

(Prior Code, § 154.317) (Ord. 48, passed 6-21-2005)

§ 154.343 OFF-SITE ADVERTISING SIGNS.

Off-site advertising signs are permitted in non-residential zoning districts in accordance with the following limitations:

(A) Off-site advertising signs shall be located at least ten feet from the right-of-way line of a street and all property lines. Off-site advertising signs shall not be permitted on or over the roof of any building;

(B) Off-site advertising signs may be illuminated; providing, however, that the source of illumination is not visible from any residential zoning district;

(D) Off-premises signs shall be limited to 24 square feet.

(Prior Code, § 154.318) (Ord. 48, passed 6-21-2005)

§ 154.344 TEMPORARY SIGNS.

(A) Temporary signs may be allowed in all districts without a permit, as provided herein.

(B) All temporary signs may be located within the required front setback; provided that vision for traffic is not impaired.

(C) One construction identification sign may be allowed per property that identifies the name of the project developers, contractors, engineers, and architects on a site being developed or remodeled. These signs shall be ground, pole, or wall-mounted, and shall be located not less than one-half the required front yard setback, and shall be no higher than six feet. These signs may be not larger than 16 square feet in all residential districts, and not larger than 32 square feet in all other districts. Construction signs shall be removed upon project completion.

(D) Residential for sale/lease signs may be allowed which identify the sale/lease of the property upon which the sign is located. These signs shall be no larger than nine square feet, located within the property lines, and shall be no higher than five feet. One such sign may be allowed per lot, except that corner lots may be allowed two signs. For sale/lease signs shall be removed within seven days of the property sale or lease.

(E) Business for sale/lease signs may be allowed which identify the sale/lease of the property upon which the sign is located. These signs shall be not larger then 16 square feet, located within the property lines, and shall be not higher than eight feet. One such sign may be allowed per lot, except that corner lots may be allowed two signs. For sale/lease signs shall be removed within seven days of the property sale or lease.

(F) Real estate open-house directional signs are permitted on the day and the preceding day of the open house only. These signs shall be not larger than nine square feet.

(G) Political election signs advocating or opposing a candidate for public office or a position on an issue to be determined at the election are allowed on election day, and 30 days prior thereto. These signs shall not exceed nine square feet in size. All election signs must be removed within three days after the election.

(H) Garage and yard sale identification and directional signs are permitted for up to three consecutive days during a sale and must be removed immediately after the sale. These signs shall be located on private properly with the permission of the property owner, and be not larger than nine square feet.

(I) Holiday activity or special event signs promoting holiday activities or special events of interest to the entire community may be placed up to 30 days prior to the event. These signs may be portable signs, placed on private property with permission of the owner, shall not exceed 32 square feet in size, and shall not exceed five feet in height.

(J) Sidewalk signs not larger than eight square feet and not exceeding two feet in width may be placed on the sidewalk adjacent to, and directly in front of, businesses in the C-1 Commercial Zoning District. Sidewalk signs may be displayed during open business hours only and must be removed when the business is closed. Signs must not impede pedestrian movement.

(Prior Code, § 154.319) (Ord. 48, passed 6-21-2005)

§ 154.345 EXEMPTED SIGNS.

The signs and devices listed in this section are exempted from the restrictions and requirements of this subchapter, and may be used without permit or approval when not in violation of any law or safety standard or any other portion of this chapter:

(A) Signs erected by an official governmental body or agency and deemed necessary for the protection of the public health, safety, welfare, and morals;

(B) Official flags of governments, when displayed in a manner approved by the government represented;

(D) Signs required by law to be displayed;

(E) Signs not exceeding one square foot in area and having thereon no letter or symbol exceeding two inches in any dimension; and

(F) Street numbers and family names on mailboxes and mailbox supports.

(Prior Code, § 154.320) (Ord. 48, passed 6-21-2005)

§ 154.346 PROHIBITED SIGNS.

The signs and devices listed in this section shall not be allowed, erected, or maintained in any zoning district:

(A) Flashing and intermittently-illuminated signs, and signs that incorporate, in any manner, any flashing or moving lights, or any sign that has any visible moving part, visible revolving parts, or visible mechanical movement of any description, or other apparent visible movement achieved by mechanical means or by action of natural wind currents;

(B) Any sign or sign structure which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, or is not kept in good repair, or is capable of causing electrical shock to persons likely to come in contact with it;

(C) Any sign, which, by reason of its size, location, content, coloring, or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers or by obstructing or detracting from the visibility of any traffic sign or control device on public streets or roads;

(D) Any that obstructs free ingress to or egress from a required door, window, fire escape, or other required exit way;

(E) Signs that make use of words such as “stop,” “look,” “danger,” or any other words, phrases, symbols, or characters in such a manner so as to interfere with, mislead, or confuse traffic;

(F) Any sign or other advertising structure containing any obscene, indecent, sexually explicit, or immoral matter;

(G) Wheeled trailer signs on flatbed trailers and semi-trailers requiring registration, or previously registered, as moving vehicles by the Department of State are prohibited; and

(H) Any sign unlawfully installed, erected, or maintained.

(Prior Code, § 154.321) (Ord. 48, passed 6-21-2005)

§ 154.347 SIGN MAINTENANCE RESPONSIBILITIES AND REMOVAL.

All signs shall be adequately maintained. The maintenance shall include proper alignment, continued readability, and preservation of structural components. The sign surface must be maintained with paint or other surface-finishing material. All signs located in the village will be erected, altered, and maintained at the risk of the owner thereof, who shall assume full responsibility for consequences or damage caused thereby. Where those signs are deemed to have become unsafe or not properly maintained, the village shall issue written notice of any disrepair to the owner to correct the situation or have the sign removed. Upon failure to remove or correct such conditions within 30 days after notice, the village shall have the sign summarily removed as a public nuisance and the cost incurred in removal of same to be borne by the owner of the sign.

(Prior Code, § 154.322) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.348 EXISTING NONCONFORMING SIGNS.

It is the intent of this section to permit the continuance of a lawful sign existing at the effective date of adoption of this section, although the sign or off-site advertising sign may not conform to the provisions of this section. It is the intent that nonconforming signs and off-site advertising signs shall be gradually eliminated and terminated upon their natural deterioration or accidental destruction. The continuance of all nonconforming signs and off-site advertising signs within the village shall be subject to the conditions and requirements set forth herein.

(A) The faces, supports, or other parts of any nonconforming sign or off-site advertising sign shall not be structurally changed, altered, substituted, or enlarged, unless the resultant changed, altered, substituted, or enlarged sign or off-site advertising sign conforms to the provision of this subchapter for the use it is intended, except as otherwise provided for.

(B) Nothing shall prohibit the repair, reinforcement, alteration, improvement, or modernizing of a lawful nonconforming sign or off-site advertising sign; provided that the repair does not exceed an aggregate cost of 50% of the appraised replacement cost, as determined by the Zoning Administrator, unless the subject sign or off-site advertising sign is changed by such repair, reinforcement, alteration, improvement, or modernizing to a conforming structure. Nothing in this section shall prohibit the periodic change of message on any off-site advertising sign.

(C) Any lawful nonconforming sign or off-site advertising sign damaged by fire, explosion, or an act of God, or by other accidental causes, may be restored, rebuilt, or repaired; provided that the estimated expense of reconstruction does not exceed 60% of the appraised replacement cost, as determined by the Zoning Administrator.

(D) Whenever the activity, business, or usage of a premises to which a sign is attached or related had been discontinued for a period of 90 days or longer, the discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming sign attached or related thereto. At the end of this period of abandonment, the nonconforming sign shall either be removed or altered, at the owner’s expense, to conform to the provisions of this section.

(E) The village may acquire any nonconforming sign or off-site advertising sign, with or without acquiring the property on which the sign or off-site advertising sign is located, by condemnation or other legal means, and may remove the sign or off-site advertising sign.

(Prior Code, § 154.323) (Ord. 48, passed 6-21-2005)