It is the purpose of these sign regulations to:

   (A)   Permit the use of signs as a means of communication in the city.

   (B)   Maintain and enhance the city's natural and manmade environments.

   (C)   Encourage an attractive and healthy economic environment.

   (D)   Minimize the possible adverse effects of signs on nearby public and private property.

   (E)   Enable the fair and consistent enforcement of these regulations.

   (F)   Provide reasonable regulations that will permit the city's compelling and substantial interests in limiting, reducing, and avoiding visual clutter associated with unrestricted proliferation of signs.

   (G)   Permit a reasonable method for the communication of non-commercial political messages. However, these regulations are not intended to sanction or protect any message, political, or otherwise, that may be determined to constitute a civil or criminal violation such as, but not limited to, obscene or libelous messages.

(Ord. 4-2016, passed 3-2-16)

   (A)   The regulations contained within this section shall apply to all signs and to all zoning districts.

   (B)   No sign shall be erected, established, modified, created, or maintained in the City of Springdale unless it is in compliance with the regulations of this section.

   (C)   This section shall regulate the height, area, location, graphics, color, materials, and other visual aspects of signs and sign structures. It does not regulate the following:

      (1)   The display of official public notices;

      (2)   Public seasonal decoration;

      (3)   The POW/MIA flag or the flag, emblem, or insignia of an official governmental body with jurisdiction over the city;

      (4)   Governmental signs for traffic control and other regulatory purposes; and

      (5)   Street signs, warning signs, railroad crossing signs, and signs of public service companies for the purpose of safety; and

   The following regulations shall apply to all signs within the city:

   (A)   All freestanding signs (ground signs, pole signs, etc.) must be set back a minimum of ten feet from all rights-of-way unless specifically exempted.

   (B)   All signs shall conform to the regulations in § 153.254(D): Sight Visibility Triangle.

   (C)   Signs shall not be erected to obstruct sight lines along any public right-of-way, traffic control lights or signs, street name signs at intersection, or street sight lines or signals at railroad grade crossings.

    (D)   Signs shall not project over or obstruct the required windows or doors of any building, and shall not be attached to or obstruct a fire escape, or interfere with other safety provisions as may be further regulated in the building code.

   The following signs shall be prohibited:

   (A)   Any sign that has moving parts, animation, flashing lights, or changing colors except for electronic signs as regulated in § 153.460: Electronic Signs and Changeable Copy.

   (B)   Signs with illumination that flash on or off or displays that change degrees in intensity.

   (C)   Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow" and the content, coloring, or manner of illumination shall not resemble highway traffic signs.

   (D)   No sign shall be attached to or otherwise applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure.

   (E)   Signs placed in the public right-of-way, except as permitted in § 153.461(A)(5).

   (F)   Tractor trailers and box trucks displaying the business name or an advertisement, unless they are parked in an established off-street loading area or in an area not visible from the public right-of-way.

   (G)   Pennants, streamers, teardrop blade flag, and other similar type devices.

   (H)   Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure.

   The following signs shall not require a permit:

   (A)   Flags of reasonable, customary size and color, emblems and insignia of any governmental agency or political subdivision. Proper flag etiquette shall be observed.

   (B)   Corporate identity flags subject to the following:

      (1)   One flag is permitted per zoning lot in any multi-household or non-residential zoning district.

      (2)   Flags shall be limited to those of reasonable size and color and shall be permitted to portray the emblem, insignia, logo, or trademark of a corporation, business, or development located on the same property.

      (3)   Such flags may only be displayed in conjunction with those of a governmental agency or political subdivision.

      (4)   Proper flag etiquette shall be observed.

   (C)   Temporary displays of a patriotic, religious, seasonal, charitable, or civic character.

   (D)   Commemorative plaques placed by recognized historical agencies.

   (E)   Signs on the interior of a building that can only be viewed by persons within such building.

   (F)   Non-commercial signs displaying messages, including residential real estate signs, construction signs, and garage and yard sale signs. Such signs shall not be located within the public right-of-way and shall be allowed to remain on premises for the period of time as designated in their respective sections.

(Ord. 4-2016, passed 3-2-16)

   A permit shall be required for signs based on the following conditions:

   (A)   No person shall locate or display any sign unless all provisions of this zoning code have been met. A permit shall be required for each sign unless specifically exempted by this code.

   (B)   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 Official.

(Ord. 4-2016, passed 3-2-16)

   (A)   Total sign area shall be measured as the area enclosed by one rectangle, the sides of which make contact with the extreme point or edges of the sign. The area of a sign composed of characters or words, if such characters or words are standalone, without framing or additional backdrop, shall be the smallest rectangle which encloses the entire group of characters or words. If the sign includes a separate logo or graphic element that is detached from the primary sign text, then two rectangles can be used to calculate the total sign area. The sum of the area of the two rectangles must be less than the maximum wall signage allowed for that specific tenant or building.

   (B)   Sign area calculations shall exclude the supportive structure if such structure does not form or include a part of the advertisement of the sign.

   (C)   The sign area for a sign with more than one face (multi-faced signs) shall be computed by adding together the area of all sign faces visible from any one point.

   (D)   Informational signs that are not visible from the public right-of-way shall not count towards the total sign area for each parcel or development.

   (E)   The height of a sign shall be determined by measuring the vertical distance between the top part of the sign to the elevation of the ground beneath the sign prior to construction at the point of the sign located the closest to the public right-of-way, excluding any additional elevation added by the creating of berming or mounding.

   (F)   In the event that the elevation beneath the proposed sign, at the point of the sign located the closest to the public right-of-way, is below the elevation at the centerline of the adjacent street, the applicant may request a sign height determination from the Building Official to determine if it is permitted to measure the height of the sign from the elevation of the street centerline and not the elevation beneath the proposed sign.

   (A)   Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.

   (B)   Signs shall be fabricated on and be of materials which are of good quality, of good durability and complementary to the building or site of which they become a part.

   (C)   The construction, erection, safety, and maintenance of signs shall comply with the building and property maintenance code or other applicable codes of the city.

(Ord. 4-2016, passed 3-2-16)

   (A)   Light sources used to illuminate signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such intensity to cause glare which is hazardous to pedestrians or drivers of vehicles, or to cause reasonable objections from adjacent residential districts.

   (B)   Neon, neon signage, and LED accent lighting shall be reviewed and approved by the Planning Commission.

   (C)   Translucent awnings shall be reviewed and approved by the Planning Commission.

   (D)   All lighting of signs shall be fully functional as designed or the lighting shall be turned off until the time in which such non-functional lighting has been fixed.

(Ord. 4-2016, passed 3-2-16)

      (1)   One non-illuminated nameplate, not exceeding two square feet in area, may be located on any building or lot but not less than five feet from any side lot line and ten feet from any street right-of-way.

      (2)   One non-illuminated directional or no trespassing sign not exceeding two square feet in area and four feet in height shall be permitted on any building or lot but not less than 25 feet from any side lot line and ten feet from any street right-of-way.

      (3)   For multi-household developments, one permanent development identification sign is permitted subject to the following regulations:

         a)   Maximum area is 25 square feet.

         b)   Maximum height is six feet.

         c)   Sign shall be at least 50 feet from a side lot line and ten feet from any street right-of-way.

         d)   Signs shall not be internally illuminated.

         e)   Sign shall be mounted on a permanent foundation with a masonry base and shall be incorporated into a landscaped area that is at least equal in size to the area of the sign.

      (4)   For single-family developments, permanent development or subdivision signs shall be permitted subject to the following regulations:

         a)   A maximum of one permanent monument sign or two signs attached to a supporting wall or fence may be permitted for each primary entrance to the subdivision that is located on a collector or arterial street.

         b)   Each sign may have a maximum sign area of 25 square feet not including any fencing, wall, supporting base, or other material used to frame, brace, or otherwise provide structural support for the sign on which the sign is located.

         c)   Maximum height is six feet.

         d)   Signs shall not be internally illuminated.

         e)   Signs shall be set back ten feet from the public right-of-way and ten feet from any adjacent lot lines.

      (5)   For non-residential uses located in residential zoning districts, one permanent identification sign is permitted subject to the following regulations:

         a)   Maximum area is 50 square feet.

         b)   Maximum height is six feet.

         c)   Sign shall be at least 50 feet from a side lot line and ten feet from any street right-of-way.

         d)   Manual changeable copy is permitted per § 153.460(A): Manual Changeable Copy. Electronic signs shall be considered a conditional use for non-residential uses located in residential zoning districts and shall be subject to the procedure set forth in § 153.204: Conditional Use Permits.

      (6)   Temporary signs are regulated in § 153.461: Temporary Signs.

 

         a)   The maximum wall sign area shall be equal to the width of the building frontage times 1.5 plus 20 square feet (wall sign area = building frontage lineal feet x 1.5 + 20 square feet). For buildings set back from the right-of-way a minimum of 400 feet, the maximum wall sign area shall be equal to the width of the building frontage times two plus 40 square feet (wall sign area = building frontage lineal feet x 2 + 40 square feet). (Ord. 33-2016, passed 11-16-16; Am. Ord. 36-2017, passed 9-20-17)

         b)   Buildings located on corner lots may be permitted to have wall signs on each frontage provided that the primary frontage conforms with section a) above and the second frontage has a maximum sign area that is equal to the width of the secondary building frontage times one. (Ord. 33-2016, passed 11-16-16)

         c)   The maximum square footage for any one wall sign is 150 square feet. For buildings set back from the right-of-way a minimum of 400 feet, the maximum wall sign area is 250 square feet. (Ord. 33-2016, passed 11-16-16)

         e)   Wall signs affixed directly to an exterior wall shall not project more than 18 inches from the building wall to which they are attached and shall not project above the coping or eaves of any building. Wall signs located on a parapet wall shall not exceed higher than 42 inches above the building roofline.

         f)   Wall signs shall be set back three feet from the end of each tenant wall.

         g)   Window signs, described in § 153.459(C)(8): Window Signs, are considered wall signs and the area of all painted, internally illuminated window signs, and decals applied to windows shall be included in the overall wall sign calculations.

         a)   One ground sign is permitted per development.

         b)   One additional ground sign may be permitted for corner lots or lots with multiple frontages such as double or triple frontage lots.

         c)   Maximum height for all ground signs is eight feet.

         d)   The area for any ground sign shall not exceed 100 square feet of total sign face area. The area of a second ground sign, if permitted under b), shall not exceed 50 square feet of total sign face area.

         e)   Ground signs must be set back at least ten feet from any non-residential zoning district or use lot line and 50 feet from any residential zoning district or use lot line.

         f)   The base of the ground sign shall be constructed of materials, colors, and design details which match or correlate to those used in one of the principal buildings on site.

         g)   Ground signs shall be located in a mulched and landscaped area that includes a variety of plant types or bushes and is equal to or larger than the total sign area of the applicable signs.

         h)   For developments in the General Business (GB) zoning district or in a non-residential PUD development, up to 50 percent of the allowable sign area may incorporate an electronic sign subject to the regulations in § 153.460: Electronic Signs and Changeable Copy.

         i)   For developments in the Public Facilities (PF) or Support Services (SS) zoning districts, up to 50 percent of the allowable sign area may incorporate an electronic sign subject to the approval of a conditional use permit, subject to the procedure set forth in § 153.204: Conditional Use Permits and § 153.460: Electronic Signs and Changeable Copy.

         a)   Maximum height for any pole sign is 50 feet.

         b)   The total area for any pole sign shall not exceed 150 square feet of total sign face area.

         c)   The sign shall be constructed of materials, colors, and design details which match or correlate to one of the principal buildings on site. The sign shall incorporate architectural features or finishes such as a gable, arch, or pediment.

         d)   No bare metal poles shall be allowed. All poles must be wrapped or covered with a material that complements the overall design of the sign and is consistent with c) above.

         e)   All pole signs shall be set back a minimum distance equal to the height of the sign from the right-of-way of the interstate highway.

         f)   Pole signs shall be located in a mulched and landscaped area that includes a variety of plant types or bushes and is equal to or larger than the total sign area of the applicable signs.

         a)   The regional retail shopping center exceeds 1,000,000 square feet of gross leasable area.

         b)   The regional retail shopping center has frontage on an interstate highway.

         c)   The maximum height of such signs is 110 feet.

         d)   The maximum sign area is 850 square feet.

         e)   The sign shall be located no more than 100 feet from an interstate highway right-of-way line.

         f)   The sign may incorporate an electronic sign as part of the allowable sign area subject to the regulations in § 153.460(B): Electronic Sign Standards.

         g)   Signs shall be located in a mulched and landscaped area that includes a variety of plant types or bushes and is equal to or larger than the total sign area of the applicable signs.

         h)   The sign shall be constructed of materials, colors, and design details which match or correlate to one of the principal buildings on site. The sign shall incorporate architectural features or finishes such as a gable, arch, or pediment.

         a)   The retail shopping center exceeds 100,000 square feet of gross leasable area.

         b)   The retail shopping center has at least 500 feet of frontage on a major or secondary arterial street.

         c)   For developments on corner lots with frontage on two major or secondary arterial streets, the applicant may combine the frontage of each street to satisfy this requirement.

         d)   The maximum height of such signs is 25 feet.

         e)   The maximum sign area is 100 square feet.

         f)   The sign shall be located at least ten feet from all rights-of-way, 25 feet from an adjacent non-residential zoning district or use lot line, and 100 feet from any residential zoning district or use lot line.

         g)   Up to 50 percent of the allowable sign area may incorporate an electronic sign subject to the regulations in § 153.460(B): Electronic Sign Standards.

         h)   Signs shall be located in a mulched and landscaped area that includes a variety of plant types or bushes and is equal to or larger than the total sign area of the applicable signs.

         i)   The sign shall be constructed of materials, colors, and design details which match or correlate to one of the principal buildings on site. The sign shall incorporate architectural features or finishes such as a gable, arch, or pediment.

         a)   Regulations for awning signs also apply to signs located on canopies.

         b)   Awnings must be at least eight feet above the sidewalk grade and 15 feet above any drive.

         c)   Awning signs shall not be internally illuminated.

         d)   The total area of the lettering and logo shall not exceed 20 percent of the total area of the awning that would be visible in a drawing of a façade on which the awning is located.

         a)   Painted and internally illuminated window signs and decals applied to windows shall be regarded as permanent signs.

         b)   Non-commercial messaging including identifying the business' hours of operation and accepted payment methods shall not be included in the overall sign area of window signs.

         c)   Window signs shall be included in the wall signage allowance described in § 153.459(C)(2)g).

         d)   Signs which are more than two square feet in area with characters more than two inches high and are placed within 30 inches of the inside of a transparent window shall be considered window signs.

         e)   Signs attached to a door shall be considered window signs.

         f)   Window signs shall be static and may not display animated, scrolling, moving, or flashing messages or video which simulates such.

         g)   Temporary window signs for special events shall be regulated in § 153.461: Temporary Signs.

         a)   Projecting signs may be attached to the building wall or canopy and project at an angle of approximately 90 degrees from the building wall or canopy for a distance of not more than four feet. They may project over the corner line not more than one-third of the total height of the sign.

         b)   Projecting signs shall be at least eight feet above a public sidewalk and 15 feet above any drive.

         c)   Maximum area per sign face is six square feet.

         d)   All projecting signs shall be rigidly fastened to allow no structural movement.

         e)   Projecting signs shall not be internally illuminated.

         a)   Maximum sign area is six square feet per sign face.

         b)   Maximum sign height is four feet.

         c)   Signs must be set back at least 10 feet from any side lot line and five feet from any street right-of-way line provided that the sight distance is maintained.

         d)   Directional signage may incorporate the company's logo and colors if all the other requirements are met under subsection (10).

         a)   Buildings or developments may install nameplates or identification signs for the purpose of establishing the identity of establishments within that development.

         b)   Signs shall not exceed four square feet and may be wall signs or ground signs.

         c)   Ground signs must be a minimum of ten feet from any side lot line and ten feet from any street right-of-way.

      (1)   Electronic signs shall conform with the following standards in addition to the other standards set forth in this section:

 

 

      (2)   Each electronic sign shall contain a default mechanism that will freeze the sign in one position or make the screen go black whenever the aggregate area or any part of the electronic video display panel is unlit or malfunctions to the extent that it exceeds five percent of the total video.

      (3)   Electronic signs shall have an automatic dimming capability that adjusts the brightness to the ambient light at all times of day and night. In no instance shall the electronic sign cause light trespass onto an adjacent residential district or use.

      (4)   Each electronic sign shall be static and may not display animated, scrolling, moving, or flashing messages or video which simulates such. Each static message shall change instantaneous without fading, flashing, or animation of the message or image.

      (5)   Only one electronic sign is allowed per parcel or development unless approved by the Planning Commission.

      (6)   Electronic message centers shall use full-color LED technology.

      (1)   The permitted ground or pole sign associated with gasoline sales may incorporate an electronic fuel price display that shall not exceed 40 percent of the permitted sign area. In no case shall the fuel price display be greater than 40 square feet in area.

      (2)   Electronic fuel price displays are not permitted on fuel canopies.

      (3)   Electronic fuel price displays shall use one-color LED technology.

      (4)   Electronic fuel price displays shall come equipped with automatic dimming capabilities and shall automatically dim to a corresponding reduction in ambient light. In no instance shall the electronic fuel price display cause light trespass onto an adjacent residential district or use.

      (5)   The electronic fuel price display shall be static and may not display animated, scrolling, moving, or flashing messages or video.

      (6)   When electronic fuel price displays are being utilized, no additional electronic signage shall be allowed on that subject development.

   The following temporary signs shall be permitted anywhere within the city provided they meet the established standards set forth in this section.

      (1)   No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured by any permanent means to any building, permanent sign, other structure, or improvement, or to the ground upon which it is erected.

      (2)   No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so as to protrude above the roof of a structure.

   Nonconforming signs shall be regulated as follows:

   (A)   A sign conforming to the regulations prevailing on the effective date of this code but which does not conform with the regulations of this or a subsequent amendment shall be construed as a legal nonconforming sign.

   (B)   Legal nonconforming signs may be maintained and structural parts repaired or restored to a safe condition if required and if a permit is issued. However, when a nonconforming sign has been blown down, destroyed to the extent of more than 50 percent of its replacement value to repair, or otherwise taken down for any purpose, it shall not be rebuilt, re-erected, or relocated unless it shall be made to comply with provisions of this code.

   (C)   No nonconforming sign shall be allowed to remain for more than six months, after the use of land or building, for which the sign relates, has ceased by discontinuance or abandonment. The property owner of a nonconforming sign may receive a notice from the municipality to conform the sign to this code and other applicable regulations of the municipality within 30 days of the date of notice. If the property owner fails to comply with the notice, the municipality may issue an order to the property owner that the sign must be removed within five months from the date of the order. A sign that is not removed within five months in compliance with the order may be removed by the city at the expense of the property owner. To recover the costs from the property owner, the Clerk of the municipality may certify the total cost, together with a proper description of the land, to the County Auditor to place costs upon the tax duplicate, or the city may commence a civil action against the property owner for the costs.

(Ord. 4-2016, passed 3-2-16)

   (A)   All signs and sign structures shall be legally maintained in a safe and attractive condition. For the purposes of this section, a sign is not legally maintained if any of the following occur:

      (1)   The appearance of rust, cracks, electrical defects, fraying, chipped paint or other materials;

      (2)   Structural defects or other defects; or

      (3)   The commercial message of the sign no longer pertains to any business activity on the site which the sign is located.

      Such factors shall cause it to be presumed that the sign has been abandoned and is not being legally maintained. The property owner of the sign may receive notice from the city to return the sign to its original satisfactory condition within 30 days of the date of the notice. If the property owner does not comply, then the sign will be declared to be a nuisance contributing to visual blight and to be abandoned.

   (B)   The municipality may issue an order to the property owner that an abandoned sign must be removed within six months from the date of abandonment. An abandoned sign that is not removed within six months, or brought into compliance with these regulations, may be removed by the city at the expense of the property owner. To recover the costs from the property owner, the Clerk of the city may certify the total cost, together with a proper description of the land, to the County Auditor to place costs upon the tax duplicate, or the city may commence a civil action against the property owner for the costs.

(Ord. 4-2016, passed 3-2-16)