10.1 Purpose: The purpose of these sign regulations is to provide standards for the size, height, location, lighting style, color and general composition of signs to preserve the character of the Town of Southbury; to provide for fair and equal treatment of all sign users; to promote an effective balance between the need to protect health, welfare, safety and property values and the need for businesses and individuals to communicate with the public and to ensure that the constitutional right of free speech is protected.

10.2 General Requirements and Standards applicable to all districts: Except as provided in these regulations, no sign shall be installed, constructed, enlarged, extended, moved or structurally altered except in conformance with these Regulations.

In order to use any sign described in this section, the sign user must obtain an applicable permit as specified within these regulations by filing an application and payment of the appropriate fee.

The Zoning Enforcement Official shall, from time to time review the fee schedule and make recommendations to the Zoning Commission and the Board of Selectmen for any proposed fee changes.

The Zoning Enforcement Official shall issue a sign policy package that may contain illustrative graphics for the purposes of clarification of these regulations, as well as permit applications and administrative clarifications for implementation of these regulations.

10.3 Definitions:

Agriculture: The science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals.

Banner Signs: Any sign constructed of flexible material, including a pennant that is mounted on a pole, rope, wire, or similar material or is mounted on a building.

Billboard: A freestanding sign that advertises events, products, services or businesses at locations other than where the sign is located; or any sign having a sign area of greater than seventy five (75) square feet.

Building Signs: Any sign on any surface that may be attached to the front, rear or side wall of any building, or any sign painted directly on or part of any such wall.

Business Signs: Any sign that directs attention to, or has a message relating to a business or commercial enterprise.

Canopy/Awning Signs: Any sign that is part of or attached to an awning, canopy, or other similar protective cover over a door, entrance, window or outdoor service area.

Commercial Districts: References in this Section 10 to "Commercial Districts" shall include the following: R60C, B1A, B1B, B-2, B2A, B2B, B2C, B2D, B2E, B2F, B3, B3A, B3B, B3C, B3D, B4, M2, M2A, M5, PUD, and PDD.

Commercial Signs: Any signs associated with commercial or business enterprises.

Construction/Repair Signs: Any temporary sign pertaining to the construction and/or the repair of property which may indicate the names of owners, design professionals, contractors, financial supporters or others having a role or interest with respect to the structure or project.

Directional Signs: Any signs on private premises intended exclusively for warning, traffic flow and informational purposes.

Dynamic Signs: Any electronic, illuminated sign whose appearance may be changed more than once per day including, but not limited to electronic messages, animation, video, and moving, flashing, scrolling, intermittent, flickering, and /or sequential images.

Farm Stand: A business meant for the sole purpose of selling a food or other agricultural items that are primarily grown on site or produced locally. Items for sale may include but are not limited to crops, honey, dairy products, meat, poultry and eggs but does not include the sale of live animals.

Freestanding Signs: Any sign supported by uprights or braces that are placed on or anchored in the ground, and independent from any building, fence, vehicle or other support.

Hanging or Projecting Signs: Any sign attached to or projecting from any wall or building, or that is suspended from a freestanding pole or frame.

Height (maximum): A sign's highest point measured at the natural undisturbed grade at the base of the sign or from the above the grade level approved-in connection with any site development plan.

Illuminated Signs: Any sign that is illuminated by any kind of artificial light source.

Lawn Signs: Any temporary sign pinned or staked to the ground.

Motif Signs: Any building feature, including roof or other special illumination, special colors or effects, or building or roof lines which serve to identify the use or occupancy of any building or site through a recognized motif or symbol.

Moving Signs: Any signs, or any portion of any sign, which is not fixed or stationary, or which is capable of any movement.

Non-Commercial Signs: Any sign associated with any governmental unit, nonprofit IRS 501(c) (3) organization, or charitable organization that meets the requirements of Section 21a-190d of the Connecticut General Statutes.

Nonconforming Signs: Any sign identified under Section 13.9 of these Regulations.

Off Premise Signs: Any sign which directs attention to a business, community, service or activity which is sold offered or conducted elsewhere other than upon the premises where such sign is located.

Pedestrian Signs: Any sign worn, held or carried that is not part of a usual item of clothing.

Portable/Sandwich Board Signs: Any freestanding temporary sign that stands on its own supports, that is meant solely for short term advertisement of a business or special event.

Real Estate Signs: Any sign pertaining to the development, construction, sales, lease, rental, repair or improvement of buildings or property, marketing, "open house" or directional sign.

Residential Districts: References in this Section 10 to "Residential Districts" shall include the following: R20, R30, R30A, R40, R60, R60C, and R80.

Roof signs: Any sign located on the roof of any building, on the slope of a mansard façade, on the building's parapet, or above the eave of any roof, canopy, or mansard façade or the wall face to which it is attached.

Setback: The distance from the nearest property line or street line.

Sign: The term sign shall include every sign, billboard, illustration, insignia, logo, picture, or icon, lettering, display, banner, pennant, flag, emblem, trademark, brand, figure, symbol, design, crest, seal, or other device, however made, displayed, painted, illuminated, supported or attached , including any display, representation, illustration, or insignia used to advertise or promote the interests of any person or business or cause when placed in view of the general public either a) located outdoors, or b) located indoors and intended to be viewed from outside the building. Similarly, any natural object, such as a tree, stone, or the earth itself, which is painted or arranged so as to represent or display any of the aforesaid graphic representations.

Sign Area: The smallest rectangle or circle which encompasses the single plane of a sign in square feet, including all aspects of the sign such as lettering, symbols, logos and design framing and borders. Any sign may be double faced, and only one (1) face shall be counted in determining conformity to sign area limitations when only one (1) face is visible at a time.

Sign Attachment: Any temporary or permanent object attached to a sign that is not considered part of the sign, e.g. lighting, balloons, flags, banners, speakers.

Sign Illumination (illuminated sign): The direct or indirect lighting of a sign either by adjacent or attached lamp post, floodlight, internal structural light; by any lighting technology, including incandescent, light emitting diode (LED) or fluorescent light whether powered by electric service via wired connection, photovoltaic power or any other means.

Sign Intent: The purpose for which the sign is to be used.

Sign Location: The point or points on the site or in or on any building or structure, where a sign is installed, mounted, or otherwise visible.

Sign Material: The material of which the sign and all supporting structures are constructed.

Sky Signs: Any sign suspended in the air by means of a balloon or other lighter-than air device.

Street Line: Shall have the meaning set forth in section 1.7 of the Southbury Zoning Regulations.

Subdivision/Development Name Signs: A permanent sign identifying the subdivision or other residential development.

Supporting Structures: Poles, posts or any other object that is used to keep a sign in place.

Temporary Sign: Any sign that is used or displayed for a specific or limited period of time.

Vehicular Signs: Any visual message or advertisement painted or placed on, or affixed to, a vehicle, parked trailer or other parked device capable of being towed.

Window Signs: Any sign attached or mounted within one (1) foot of a window, whose design or intent is to be visible from the exterior.

10.4 Prohibited Signs

10.4.1 The following signs are prohibited in all districts:

1.

Dynamic signs, moving signs and flashing signs, except for athletic scoreboards, all gas station price displays, Automatic Teller Machines (ATM), and digital time and temperature. (see Sections 10.6.6 and Section 11 of the Zoning Regulations)

2.

Sky signs.

3.

Exposed light sources of any technology except gas station price signs, sport scoreboards, and signs whose lighting complies with Section 11 of these Regulations.

4.

Signs which have letters taller than fifteen (15) inches, and any insignia, logo, icon or picture larger than four (4) square feet; home occupation signs in residential districts having letters taller than five (5) inches.

5.

Any sign capable of being read or viewed primarily from Interstate 84.

6.

Billboards.

7.

Signs attached to a tree, other than specified in Section 10.7.3, fence, utility pole or traffic sign. This section shall not apply to signs on shopping carts providing that such signs do not exceed one hundred (100) square inches in area and the letters on the sign are not larger than one-half inch in size; or fencing around municipal sports facilities approved by the Planning Commission.

8.

Roof signs.

9.

Any vehicular or other signs on wheels, when repeatedly parked or displayed in a manner that may be in public view and not used for transportation purposes which is customary for said vehicle.

10.

Banner signs over or across public roadways except temporary banner signs when explicitly authorized by the Board of Selectmen.

11.

Sign attachments except small decorative attachments.

12.

Motif Signs.

13.

Signs located on town or state property, except as authorized.

14.

Pedestrian signs.

10.5 Permit Exempt Signs: The following signs are authorized without a zoning permit provided that they comply with all other applicable provisions of these regulations and with the specific standards noted below:

1.

Any flag bearing the insignia, logo or icon of any governmental unit, nonprofit IRS 501(c)(3) organization, or charitable organization that meets the requirements of Section 21a-190d of the Connecticut General Statutes, provided said flag does not exceed sixty (60) square feet; provided, and no more than three (3) flags are be displayed per lot.

2.

Interior signs contained solely within a building for internal use and not be situated in proximity to a window such that the sign is visible and legible from more than fifty (50) feet from the outside of the building.

3.

Historical signs, memorial plaques or monuments, building markers, historical plaques and similar items displayed for noncommercial purposes.

4.

Signs associated with agricultural sales including farm markets, as follows: One non-illuminated sign not exceeding twelve (12) square feet, provided the sign is located at the stand or market site, and up to three (3) off site directional signs, no larger than four (4) square feet each, provided that all signs are utilized only when products are available for sale.

5.

Window signs not exceeding twenty five (25) percent of each façade glass storefront elevation.

6.

All temporary signs except as specified in Section 10.8

7.

Barber poles and clocks with no markings other than numeric and manufacturer (clock maker).

10.6 Permanent Signs in Commercial Districts: Signs listed in this section are subject to approval as part of a site development plan issued by the appropriate agency, and a subsequent zoning permit issued by the zoning official.

10.6.1 Freestanding Signs: Each commercial lot is permitted to have one freestanding sign conforming to the following requirements:

• No larger than forty eight (48) square feet in area not including the area required for inclusion of street names and numbers.

• No larger than eight (8) feet in any dimension.

10.6.2 Any freestanding sign not attached to a building shall not exceed ten (10) feet in height. For building signs, see Sections 10.6.4 and 10.6.5 below.

10.6.3 Any freestanding sign shall not extend within twenty (20) feet of any street line or property line. The Commission may, as a, site plan approval or modification, allow the reduction of this setback to no less than five (5) feet. In granting a site plan approval or modification, the Commission may, in its discretion, impose conditions including but not limited to, conditions relating to parking, site access, visibility, and landscaping.

10.6.4 A single building sign attached to one selected wall (primary view wall) conforming to the following requirements is permitted for each commercial lot:

• No larger than thirty two (32) square feet in area.

• No larger than eight (8) feet in any dimension.

For lots containing multiple businesses, each business may have:

• One (1) building sign having no more than five (5) square feet of sign area for each five hundred (500) square feet of total floor area occupied by such business, but in no event exceeding thirty five (35) square feet in area

An additional sign may be permitted for a business that faces two streets, and for a business that has rear parking and a rear public entrance. Such additional building signs having no more than five (5) square feet of sign area for each five hundred (500) square feet of total floor area occupied by such business, but in no event exceeding twenty five (25) square feet in area;

There shall be no more than three (3) building signs per business;

No building sign for a business located on the first floor of a building shall be mounted above the ceiling height of such first floor; signs located above the first floor ceiling height shall be for business occupying floors above the first floor of such building.

10.6.5 The Planning Commission or Zoning Board of Appeals may, as a part of a site development plan, or the Zoning Commission as a Planned Development District, allow additional building, canopy, or awning sign areas per business where:

• The property owner submits a unified sign plan which will be binding on all occupants of the lot, and which creates a uniform pattern of signs in terms of color scheme, mounting location (such as a sign band), illumination type, dimensional shape , and character or;

• Where a commercial property or development contains or proposes to contain more than one driveway or entrance and demonstrate the need for additional entrance signs.

In no event shall the size of any individual building sign exceed fifty (50%) percent more than would otherwise be allowed under Section 10.6.4 above.

10.6.6 Illumination: Commercial district signs may be illuminated in accordance with the intensity and spillover requirements of Section Eleven (11) of these Regulations.

10.6.7 Businesses that have separate delivery access may utilize one identifying sign on or adjacent to the access which does not exceed thirty six (36) square inches in size.

10.7 Permanent Signs in Residential Districts: The following signs listed in this section are subject to approval as part of a site plan approval issued by the appropriate agency, and a subsequent zoning permit issued by the zoning official.

10.7.1 Non Commercial Signs: One freestanding sign and one building sign located on the subject property not exceeding twenty four (24) square feet, nor six (6) feet in any dimension, nor five (5) feet in height (if a freestanding sign). Illumination of signs shall conform to applicable lighting standards in Section 11 of these Regulations. A freestanding sign may not be located within any municipal right of way.

10.7.2 Subdivision/ Development Sign: One sign, not illuminated, not exceeding twelve (12) square feet in sign area, nor six (6) feet on any side, with a sign height not exceeding 6 feet. The sign shall be no closer than ten (10) feet from the street line or property line.

The following signs are permitted without a zoning permit as long as they conform to the specifications contained herein.

10.7.3 Personal/Office and Customary Home Enterprise: One sign not exceeding two (2) square feet on the subject lot or residence. The highest point of a freestanding sign shall not exceed five (5) feet in height. Freestanding signs shall not be illuminated.

10.7.4 Posted Property Marker Signs not exceeding two (2) square feet in sign area; not illuminated.

10.8 Temporary Signs: Temporary signs are allowed, provided that the signs conform to the following requirements. There shall be a permit required to display a sign in the commercial districts, however no permit is required for display of signs in the residential districts.

10.8.1 All temporary signs are limited to display for a total of thirty (30) days per calendar quarter with the first such quarter to begin in January of each year.

10.8.2 All temporary signs are limited to an area of twelve (12) square feet in size and six (6) feet in any dimension.

10.8.2 The Zoning Commission shall determine the type of permit and applicable fees charged to obtain a temporary sign permit.

10.8.4 Temporary Signs in Commercial Districts: No more than one (1) sign is allowed per business on the property where the business is located.

10.8.5 Temporary Signs in Residential Districts: Only lawn signs are permitted in residential districts, and no more than two (2) signs are permitted on any property at one time.

10.8.6 Traffic Safety: The Zoning Enforcement Officer may limit permits or deny placement of temporary signs for any particular location to avoid congestion, impaired sight lines, clutter and distraction, based upon his or her discretion.

10.8.7 Durable Material: Temporary signs shall be constructed of durable material and shall not be attached to trees, traffic signs or utility poles.

10.8.8 Location of Temporary Signs: Commercial temporary signs must be located on private property, and cannot be located within the town right of way. Non-commercial temporary signs can be located within the public rights of way. No temporary signs of any kind may be placed within the rights of way adjacent to municipal town or Regional School District #15 Board of Education property except as sponsored by the Town of Southbury. The Zoning Enforcement Officer or designee may remove signs placed in violation of this section.

10.8.9 Real Estate Signs: Each property that is advertised for sale or lease may utilize one free standing sign not exceeding an area of six (6) square feet that must be removed no longer than two (2) weeks after closing or rental. Real estate "open house" signs not exceeding an area of four (4) square feet are permitted as long as they are displayed up to forty eight (48) hours prior to the beginning of the open house and removed within two (2) hours of the completion of the open house.

10.8.10 Construction/Repair Signs: One freestanding sign with a maximum area of nine (9) square feet and no more than three (3) feet on any side for a maximum overall height of five (5) feet with no illumination. A construction sign may be installed upon the issuance of a Building Permit and must be removed within fourteen (14) days of the issuance of a Certificate of Occupancy or completion of the project. A construction/ repair sign may not be located in any public right of way.

10.10 Supporting Structures:

10.10.1 Supporting Structure Extensions: No supporting structures or architectural feature of a sign shall extend one and a half (1.5) feet above the top edge of any sign or one and a half (1.5) feet beyond the side edge of any sign, provided however, that the Planning Commission or Zoning Board of Appeals, as a part of a site development plan, or the Zoning Commission as a Planned Development District may approve larger supporting structures or architectural features if it finds that such plan conforms to the requirements of Section 7.2.1 of the zoning regulations.

10.11 Special Exceptions and Site Development Plans:

10.11.1 The provisions for signs which may be imposed in connection with a special exception or approval of a site development plan are in addition to the provisions of this section. All proposed signs for sites and buildings shall be submitted in connection with and at the time of any application, and any modification to approved signs, other than message (content), shall require an application in accordance with these regulations.

(Ord. of 10-9-13)