A.

Purpose. The purpose of this article is to coordinate the type, placement, and physical dimensions of signs within the various zoning districts; to recognize the communication requirements of all sectors of the community; to promote both renovation and proper MAINTENANCE of signs; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. The general objectives of these standards are to promote the health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:

1.

Safety. To promote the safety of PERSONs and property by requiring that signs:

a.

Do not create hazards due to collapse, fire, decay, collision, or abandonment;

b.

Do not obstruct firefighting or security surveillance; and

c.

Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.

2.

Communications Efficiency. To promote the efficient transfer of information in SIGN messages by providing that:

a.

Those signs which provide messages and information most needed and sought by the public are given priority;

b.

Businesses and services may identify themselves;

c.

Customers and other PERSONs may effectively locate a business or service;

d.

No PERSON or group is arbitrarily denied the use of the sight lines from the PUBLIC STREETs for communication purposes; and

e.

PERSONs exposed to signs are not overwhelmed by the number or size of messages presented and are able to exercise freedom of choice to observe or ignore messages, according to the observer's purpose.

3.

Landscape Quality and Preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by requiring that signs:

a.

Do not interfere with scenic views;

b.

Do not create a nuisance to PERSONs using the PUBLIC STREETs;

c.

Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement;

d.

Are not detrimental to land or property values; and

e.

Contribute to the special residential character of particular areas or districts within the TOWN, helping the observer to understand the TOWN and orient himself or herself within it.

B.

Message Substitution. Notwithstanding any other provision of this article, noncommercial copy may be substituted for commercial copy or other noncommercial copy on any SIGN that is permissible under this article.

C.

Findings. The TOWN finds that:

1.

Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out in this article and the constitutionally protected right to free expression.

2.

The regulations set out in this article are unrelated to the suppression of constitutionally protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers.

3.

The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this article is no greater than is essential to the furtherance of the important, substantial, and compelling public purposes that are set out in this article.

4.

Regulation of the location, number, materials, height, size, form, and duration of display of temporary signs is essential to preventing SIGN clutter.

5.

Temporary signs may be degraded, damaged, moved, or destroyed by an ACT OF GOD, wind, rain, flooding, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the public on the TOWN's streets or sidewalks if they are not removed.

6.

Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community.

A.

Definitions. Terms used in this article shall have the definitions stated in Appendix A.

B.

Applicability. The regulations and requirements of this article apply to all signs that are, or are intended to be, viewed from a public right-of-way, PRIVATE STREET EASEMENT, or adjacent property, except as otherwise exempt under this article.

1.

Signs requiring permits. A SIGN permit shall be required to erect, place, modify the STRUCTURE, allow the continued placement, or convert any portion of a SIGN, including a conversion from temporary to permanent or from non-electronic message SIGN to an electronic message SIGN, unless otherwise exempted in this article.

2.

Signs exempted from permits. The types of signs listed in Table 13-2 are exempted from permit requirements but must conform with all other requirements of this article.

3.

Prohibited signs. The following SIGN types are prohibited within the TOWN:

a.

Signs located in a way that obscures, or otherwise interferes with the effectiveness of, any official traffic SIGN, signal, or device.

b.

Signs located in a way that obscures, or otherwise interferes with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

c.

Signs which obstruct any fire escape, means of ingress, egress, or ventilation.

d.

Signs otherwise prohibited by this article, installed within a BUILDING in such a manner as to be visible to passersby outside the BUILDING.

e.

Signs utilizing LCD, LED, or similar technology as any part of the SIGN face; provided, electronic variable message signs, time/temperature signs, and digital fuel pricing signs may be permitted as provided by this article.

f.

Signs utilizing tri-vision technology as any part of the SIGN face are prohibited.

g.

Signs imitating public warning or traffic devices. Any SIGN that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles, and any SIGN that uses the words "stop," "danger" or other message or content in a manner that might mislead or confuse a driver, is not allowed. No red, green or yellow illuminated SIGN shall be permitted within 300 feet of any traffic light.

h.

Signs that emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a PERSON with normal hearing, or signs that emit smoke, vapor, or odors.

i.

Exposed neon-type tubing as part of any SIGN and/or on any BUILDING.

j.

Signs that advertise an activity illegal under local, state, or federal law.

k.

Specific SIGN types, including:

i.

Animated signs.

ii.

Banners, except as otherwise provided as exempt or temporary signage by this article.

iii.

Feather or quill signs.

iv.

Inflatable signs.

v.

Off-premises signs, except as specifically permitted.

vi.

Pole signs.

vii.

Portable signs, except A-frame signs specifically allowed by this article as temporary signage for a special business promotion.

viii.

Roof signs, including signs painted on or adhered to roofs. This prohibition does not apply to the fascia portion of a mansard roof or to the face of a parapet wall, provided the SIGN does not extend above the top of the mansard roof or parapet wall.

ix.

Signs held or displayed by a PERSON as advertising.

x.

Signs mounted on flatbed or pick-up trucks for the primary purpose of mobile advertising.

xi.

Snipe signs.

xii.

The use of trucks, cars, trailers, aircraft, boats, or similar vehicles primarily as signs is prohibited when the vehicle is parked on public or private property within 50 feet of any property line abutting a public or PRIVATE STREET. This prohibition shall not include the following vehicles:

(a)

Lawfully parked overnight or during non-business hours in a place not visible from a public or PRIVATE STREET or within a designated truck parking or LOADING area;

(b)

Making deliveries, sales calls, or other customary practices relating to doing business;

(c)

Making trips to transport PERSONs or property; or

(d)

Used in conjunction with active construction operations on a site.

4.

Not considered signs. The following are not considered signs and are not regulated by any provision of this article:

a.

Seasonal and holiday decorations that convey no commercial messages.

b.

Window displays of goods available within a business.

c.

A BUILDING design or color that is associated with a particular establishment or organization, but which conveys no message.

C.

Basic Standards.

1.

All permanent signs must be of a professional character, be erected by a qualified SIGN professional, and comply with the provisions of this article. Homemade lettered signs shall not be permitted, except for wire frame yard signs, where allowed.

2.

Signs may not be illuminated, except as otherwise specified in this article.

D.

Content. No SIGN shall be approved or disapproved based on the content or message it displays, except that the following content, without reference to the viewpoint of the speaker, shall not be displayed on signs:

1.

No SIGN shall contain statements, words or pictures which describe or display "specified anatomical areas" or "specified sexual activities," as defined in Appendix A, or contain words of vulgarity.

2.

Text or graphics harmful to minors as defined by state or federal law;

3.

Text or graphics that are obscene, defamatory, inciteful to imminent lawless action, or true threats, as such words and phrases are defined by controlling law;

4.

Text or graphics that create potential confusion with traffic control signs;

5.

Signs that provide false information related to public safety (e.g., signs that use the words "stop" or "caution" or comparable words, phrases, symbols, or characters) that are presented in a manner as to confuse or imply a safety hazard that does not exist; or

6.

Text or graphics that provide false or misleading information in violation of the TOWN Code.

E.

SIGN Placement.

1.

No PERSON shall construct, erect, operate, use, or maintain any SIGN without the written permission of the owner or other PERSON in lawful possession or control of the property on which such STRUCTURE or SIGN is located

2.

No PERSON shall erect a SIGN on public property other than the governmental entity responsible for such property or PUBLIC UTILITY companies or contractors occupying or working on public property pursuant to government contract or franchise.

F.

Computation of SIGN Area.

1.

For signs that have no identifiable frame or border, the area shall be the smallest rectangle that includes the extreme limits of the writing, representation, emblem, color, and/or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or STRUCTURE against which it is placed. The area measurement shall not include any supporting framework, bracing, or decorative FENCE or wall when such FENCE or wall otherwise is clearly incidental to the display itself.

2.

The area of a SIGN STRUCTURE shall be computed by means of the smallest rectangle that will encompass the extreme limits of the SIGN, by multiplying: the width of the SIGN body (exclusive of the SIGN's base or decorative cap, if any) measured at the widest portion of the SIGN body; times the total height of the SIGN as defined in this article under "SIGN height."

3.

The area of a freestanding or projecting SIGN that has two (2) or more faces shall be measured by including the area of all SIGN faces, except if two (2) such faces are placed back-to-back and are of equal size and are no more than three (3) feet apart at any point, the area of the two back-to-back faces shall be counted as one face. If the back-to-back faces are of unequal size, the larger of the SIGN faces shall be counted as the one (1) face.

4.

For a kiosk or other cylindrical SIGN STRUCTURE, the area of the SIGN face shall be the largest measurement achieved from any view of the SIGN STRUCTURE. Measurements shall be made as a flat plane rectangle projected on or bisecting the SIGN STRUCTURE.

G.

Height and Clearance.

1.

SIGN clearance. The shortest vertical distance between the average GRADE of the ground immediately beneath the SIGN and the lowest point of the SIGN, including framework and embellishments, extending over that GRADE.

2.

SIGN height. As applied to a SIGN, height shall be measured as the vertical distance between the highest part of the SIGN or its supporting STRUCTURE, whichever is higher, and the average GRADE of the ground immediately beneath the SIGN; provided, that artificially constructed BERMs or other alterations of GRADE intended to elevate the SIGN, shall not be used in determining height.

H.

Illumination and Movement.

1.

Signs shall not contain any intermittent, moving, blinking, flashing, oscillating, scrolling, or fluttering lights or animated parts; nor shall any device be utilized which has a changing light intensity, brightness of color or give such illusion, except as otherwise specifically permitted by this article.

2.

Electronic variable message signs shall be programmed to instantaneously transition between messages without the use of special effects.

3.

The light source for any externally illuminated SIGN shall not be directly visible from adjacent streets or property.

4.

For all signs, the level of illumination emitted or reflected from a SIGN shall not be of intensity sufficient to constitute a demonstrable hazard to vehicular traffic or pedestrians on any right-of-way or PARKING LOT from which the SIGN may be viewed. All illumination must be of reasonable intensity and shall not spill onto adjacent properties or rights-of-way. Signs adjacent to residential BUILDINGs and streets shall not be of such brightness to cause reasonable objection from adjacent residential districts or uses, nor to spill light and glare onto adjacent residential properties and STRUCTUREs.

5.

If illuminated, the illumination shall not interfere with the effectiveness of, or obscure, an official traffic SIGN, device, or signal.

6.

If illuminated, the illumination shall be effectively shielded to prevent beams or rays of light from being directed at any portion of an abutting street or neighboring property.

7.

Internally illuminated signs, except for address signs on individual dwellings, shall not be permitted.

I.

Safety.

1.

Signs shall not closely resemble or approximate the shape, form, and color of official traffic signs, signals, and devices which may potentially cause confusion.

2.

No SIGN shall be so placed as to obstruct or interfere with a required doorway, other required means of ingress or egress, or traffic visibility.

3.

No SIGN shall be attached to the base of a ground SIGN, other than the display surface originally constructed as part of the SIGN. No SIGN shall be attached to or painted or otherwise displayed on a light standard, gasoline pump, FENCE, wall, post, or other STRUCTURE, or to any supporting device, except as specifically authorized in this article.

4.

Signs shall be constructed to withstand a wind pressure of at least 30 pounds per square foot of surface, and shall be otherwise fastened, suspended, or supported so not to be a menace to PERSONs or property.

5.

Signs erected, REPLACEd, reconstructed, REPAIRed, altered, relocated, or maintained within the TOWN shall conform to the requirements of the applicable BUILDING CODES. Where the provisions of the BUILDING CODES and this article conflict or overlap, the more stringent requirement shall control.

A.

Permitted Signs. The following signs are permitted in combination, unless noted otherwise, in each district, subject to the requirements described in Table 13-3, issuance of a SIGN permit, and all other applicable regulations.

B.

Number. For non-RESIDENTIAL USEs in any LC, CF, or MU district, a maximum of three (3) signs, specified in Table 13-3, shall be permitted on any LOT, unless otherwise specified. For a LOT occupied by multiple BUILDINGs or multiple tenants in a single BUILDING, there shall be a maximum of two (2) signs on the LOT, plus each tenant may have one (1) wall, awning, canopy, or projecting SIGN.

A.

Community signs are permitted for use by SIPOA, individual associations, REGIMEs, and the TOWN for the purpose of identifying the name of a community or DEVELOPMENT or presenting information regarding events, activities, or announcements.

B.

The following community signs are allowed, subject to obtaining a SIGN permit:

A.

TEMPORARY EVENT Signs; Allowed.

1.

TEMPORARY EVENT signs must comply with all requirements of this article, except as modified by the provisions of this section, including the prohibitions of Section 13.2 and general requirements applying to all signs.

2.

Temporary signs are allowed on a property for the duration of a TEMPORARY EVENT for the periods specified in Table 13-4. Such signs shall not be restricted as to the message displayed on the SIGN but must comply with the provisions of this section.

3.

No temporary sign may be placed within any public right-of-way in the TOWN or on any TOWN property. This provision shall not apply to any temporary sign placed, or caused to be placed, by the TOWN or any other governmental agency, department or political subdivision.

B.

TEMPORARY EVENTs. A TEMPORARY EVENT is an activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time. TEMPORARY EVENTs include, but are not limited to such activities as:

1.

The offering of a property or premises for sale or rent.

2.

An election, political campaign, referendum, or ballot proposition put to the voters as part of TOWN, county, state, or federal governance.

3.

Special business promotions, such as but not limited to close-out sales, seasonal sales events, or grand openings.

4.

A yard sale.

5.

The construction of a BUILDING or DEVELOPMENT project, or the rehabilitation, remodeling, or renovation of a BUILDING.

6.

A public announcement of a temporary event or seasonal activity not intended for commercial use.

C.

Temporary Signs Permitted.

D.

Construction and Lighting Standards of Temporary Signs.

1.

Nonpermanent but water-resistant construction materials may be used, such as, but not limited to, poster board, foam core board, or illustration board.

2.

The words, letters, figures, symbols, logos, fixtures, colors, or other design elements that convey the SIGN's message shall be permanently applied to the SIGN's face.

3.

Temporary signs shall not be illuminated.

E.

Temporary Banners. One (1) banner is allowed as temporary signage during a special business promotion event or nonprofit public announcement in accordance with the duration, number, size, location, and lighting limitations of this section, and in accordance with the following additional provisions:

1.

Such a banner shall be placed on the site or on a BUILDING in such a manner as not to create a safety hazard as determined by the ZONING ADMINISTRATOR. The banner shall meet the same SETBACK requirements as all other temporary signs. The banner shall not be attached to or hung from an existing freestanding SIGN or used as any other form of SIGN.

2.

A banner that is larger than 16 square feet in size is not allowed.

A.

Permit Required. Except for those signs specifically exempt, it is unlawful for any PERSON to erect, REPAIR, alter, relocate, or display within the TOWN, any SIGN or other advertising device, as defined in this article, without first obtaining a SIGN permit from the ZONING ADMINISTRATOR and paying all required fees. Permits shall not be required for ordinary REPAIR and MAINTENANCE of a SIGN which does not involve structural, material, or color changes.

B.

Applications. Applications for SIGN permits shall be filed with the ZONING ADMINISTRATOR. No work shall commence until the SIGN is approved. Applications shall include the following:

1.

A working drawing showing elevations, dimensions of the SIGN(s), colors to be used, construction materials, and details for anchoring the SIGN to a STRUCTURE or the ground. Similar information, as appropriate, is to be submitted with awning permit applications.

2.

A plan drawing showing fonts and sizes of letters; and specifications for the SIGN, including material to be used and details of construction; and methods of attachment of the SIGN applied for to the BUILDING or to the ground. Similar information, as appropriate, is to be submitted with awning permit applications.

3.

Written consent of the owner of the BUILDING, STRUCTURE, or land to which, or upon which, the SIGN is to be erected.

4.

An illustration of the proposed SIGN and a color photograph(s) of the area and, if applicable, the BUILDING facade upon which the proposed SIGN is to be erected shall be submitted with each SIGN application, showing in detail the physical conditions within the SIGN area, as well as the facades of any adjoining BUILDINGs.

5.

In instances when the proposed SIGN will be freestanding (i.e., not attached to any existing BUILDING or STRUCTURE) a site plan showing the proposed location of the SIGN; SETBACK measurements from the proposed SIGN to all property lines, street rights-of-way and edges of pavement; location and description of all existing STRUCTUREs, EASEMENTs and utilities; and any other proposed IMPROVEMENTs or modifications, including, but not limited to, landscaping, BUFFERing and screening; shall be filed with the application.

C.

Fees. Every applicant, before being granted a permit, shall pay a fee as provided in Section 18.3.

D.

Review. All signs must be approved by the ZONING ADMINISTRATOR before a permit may be issued. The following procedures shall apply to all applications:

1.

The ZONING ADMINISTRATOR shall determine the appropriateness of a proposed SIGN based on the following criteria:

a.

Whether the SIGN conforms to the requirements of this article;

b.

Whether the SIGN in any manner affects public health, safety, or welfare; and

c.

Whether the SIGN construction meets applicable code requirements.

2.

Upon determining compliance with the above criteria, the ZONING ADMINISTRATOR shall issue the necessary permit.

3.

Any PERSON aggrieved by the decision of the ZONING ADMINISTRATOR may file an appeal to the Board of Zoning Appeals, as provided in Article 20.

A.

Signs that, on the effective date of this article or any amendments thereto, were approved and legally erected under previous SIGN restrictions, and that became or have become NONCONFORMING with respect to the requirements of this article due to its adoption or amendment, may continue in existence subject to the remaining provisions of this section.

1.

No increase in size of the NONCONFORMING SIGN shall be permitted.

2.

Any existing SIGN that has become NONCONFORMING with respect to SETBACK from a street due to road widening may be moved to meet the SETBACK requirement of this article; provided, the SIGN shall not be increased in size or shape, or otherwise changed in any manner, except to become conforming with the provisions of this article.

3.

In all zoning districts, the following signs shall be prohibited and shall be removed by the owner:

a.

Signs illegally erected or maintained with respect to prior ordinances.

b.

Signs located in the public right-of-way (except as permitted by this article).

B.

Minor REPAIRs and MAINTENANCE of NONCONFORMING signs, such as electrical REPAIRs, painting, or REPAIRing/replacing damaged letters shall be allowed. However, no structural REPAIRs or changes to the size, face, or shape of the SIGN shall be permitted, except to make the SIGN comply with the requirements of this article.

C.

Upon failure to comply with any requirement of this section, the ZONING ADMINISTRATOR or his or her authorized agent may cause the removal of such SIGN at the owner's expense.

A.

The ZONING ADMINISTRATOR shall periodically inspect each SIGN to ascertain its general soundness and compliance with the requirements of this article. Responsibility for the safety of signs and security of their attachment or erection, however, shall remain with the SIGN owner.

B.

Every SIGN, regardless of whether a permit or fees are required, shall be maintained in a safe, presentable, and sound structural condition, including REPAIR or replacement of defective parts, painting, repainting, cleaning, and other acts required for the MAINTENANCE of the SIGN.

A.

The ZONING ADMINISTRATOR shall enforce the provisions of this article, with the aid of TOWN code enforcement officers, or other agencies, as applicable.

B.

The ZONING ADMINISTRATOR shall cause the removal of any SIGN that, in his or her sole discretion, endangers the public safety, such as an abandoned; dangerous; or materially, electrically, or structurally defective SIGN. Any other SIGN for which no permit has been issued or which is otherwise in violation of this article shall also be subject to removal in accordance with this section.

1.

The ZONING ADMINISTRATOR shall prepare a written notice to be sent by certified mail. The notice shall describe the SIGN and specify the violation involved. The notice shall state that if the SIGN is not removed or the violation is not corrected within a specified time period, the SIGN shall be removed in accordance with the provisions of this section.

2.

The notice shall be mailed to the owner of the property on which the SIGN is located and, if different than the property owner, the owner of the SIGN and the occupant of the property. If any such PERSON is unknown or cannot be found, notice shall be mailed to that PERSON's last known address, if any, and posted on the SIGN or on the premises.

C.

Any PERSON having an interest in the SIGN or the property may appeal the determination of the ZONING ADMINISTRATOR ordering removal or compliance by filing a written notice of appeal to the Board of Zoning Appeals within 10 business days after receipt of notice. Procedures for the appeal shall be the same as provided in Article 20.

D.

Notwithstanding the above, in cases of emergency and imminent danger to public safety, the ZONING ADMINISTRATOR may cause the immediate removal of a dangerous or defective SIGN without notice. In such case, if contact cannot be made with a SIGN owner or BUILDING owner, no written notice shall be required. In such situations, the ZONING ADMINISTRATOR shall document the imminent danger and attempts to contact the SIGN owner, and may correct the danger, all costs being charged to the SIGN owner and property owner.

E.

Any SIGN removed by the ZONING ADMINISTRATOR pursuant to the provisions of this section shall become the property of the TOWN and may be disposed of in any manner deemed appropriate by the ZONING ADMINISTRATOR. The cost of removal of the SIGN by the TOWN shall constitute a lien, which may be filed against the property and shall be recoverable at the time the affected property is transferred. The cost of removal shall include all incidental expenses incurred in connection with the SIGN's removal. If material derived from the removal can be sold or salvaged, the ZONING ADMINISTRATOR may cause that material to be sold at private or public sale at the best price obtainable. The proceeds, if any, shall be used to offset the costs of removal. Where the proceeds derived from such a sale are less than the cost of removal, the deficiency shall constitute a lien against the property.