These regulations shall be known as the SIGN CODE and may be cited as such, and will be referred to herein as "this chapter". (Ord. 17-02, 3-16-2017)

   A.   The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of sign and sign structures not located within a building.

   B.   A sign shall not be erected in a manner that would confuse or obstruct the view of or interfere with official traffic signs, signals or devices.

   C.   The regulations of this chapter are not intended to permit a violation of the provisions of other ordinances. (Ord. 17-02, 3-16-2017)

   A.   Authority: The Town Engineer is hereby authorized and directed to enforce the provisions of this chapter.

   B.   Right Of Entry: When necessary to make an inspection to enforce the provisions of this chapter, or whenever the Building Inspector or an authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition or violation that makes the building or premises unsafe, dangerous or hazardous, the Building Inspector or an authorized representative may enter the building or premises at reasonable times to inspect the same or perform the duties imposed upon the Building Inspector by this chapter. If the building or premises is occupied, the Building Inspector shall first present proper credentials and request entry. If the building or premises is unoccupied, the Building Inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Inspector or the authorized representative shall have recourse to the remedies provided by law to secure entry. (Ord. 17-02, 3-16-2017)

APPROVED PLASTIC MATERIALS: See definition of plastic materials, approved.

BUILDING CODE: The adopted building code promulgated by the International Conference of Building Officials, as adopted by the Town of Stockton.

COMBINATION SIGN: A sign incorporating any combination of the features of pole and roof signs.

CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the Town Engineer. See definition of legal setback line.

DISPLAY SURFACE: The area made available by the structure for the purpose of displaying the advertising message.

ELECTRICAL SIGN: Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

FIN SIGN: A sign that is supported wholly by a one-story building of an open air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure.

GROUND SIGN: A sign that is supported by one (1) or more upright poles or braces in or upon the ground other than a combination sign, fin sign or pole sign, as defined in this section.

LEGAL SETBACK LINE: A line established by ordinance beyond which a building may not be built. A legal setback line may be a property line.

NON-COMBUSTIBLE: As applied to building construction material, a material which, in the form in which it is used, is one (1) of the following:

   A.   Material of which no part will ignite and burn when subjected to fire. Any material conforming to adopted building code standards shall be considered noncombustible within the meaning of this definition.

   B.   Material having a structural base of non- combustible material as defined in subsection A1 of this definition, with a surfacing material not over one-eighth inch (1/8") (3.2 mm) thick that has a flame spread rating of fifty (50) or less. "Non-combustible" does not apply to surface finish materials. Materials required to be non-combustible for reduced clearance to flues, heating appliances or other sources of high temperature shall refer to material conforming to subsection A1 of this definition. No material shall be classed as non-combustible that is subject to increase in combustibility or flame spread rating beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. Flame spread rating, as used herein, refers to rating obtained according to tests conducted as specified in the adopted building code standards.

NON-STRUCTURAL TRIM: The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure.

PLASTIC MATERIALS, APPROVED: Other than foam plastics, are those having a self-ignition temperature of six hundred fifty degrees Fahrenheit (650°F) (343.3°C) or greater as determined in accordance with the adopted building code standards and a smoke density rating not greater than four hundred fifty (450) when tested in accordance with the adopted building code standards in the way intended for use, or a smoke density rating not greater than seventy five (75) when tested in accordance with the adopted building code standards in the thickness intended for use. Approved plastics shall be classified as either CC1 or CC2 in accordance with the adopted building code standards. See also the adopted building code, definition of "foam plastic insulation".

POLE SIGN: A sign wholly supported by a sign structure in the ground.

PORTABLE DISPLAY SURFACE: A display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals.

ROOF SIGN: A sign erected upon or above a roof or parapet of a building or structure.

SIGN: Any medium, including its structure and component parts, that is used or intended to be used to attract attention to the subject matter or advertising purposes other than paint on the surface of a building.

SIGN STRUCTURE: Any structure that supports or is capable of supporting a sign, as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building.

STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

TEMPORARY SIGN: Any banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.

WALL SIGN: Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall. (Ord. 17-02, 3-16-2017)

   A.   Permit Required: A sign shall not hereafter be erected, reerected, constructed, altered or maintained, except as provided by this chapter and after a permit has been issued by the Building Inspector. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. Additionally, electrical permits shall be obtained for electric signs. Any signs not addressed herein shall be prohibited.

   B.   Exemptions: A permit is not required for the following signs. These exemptions shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and compliance with the provisions of this chapter or other laws or ordinances regulating signs.

      1.   Painting, repainting or cleaning of an advertising structure or changing the advertising copy or message thereon shall not be considered an erection or alteration that requires a sign permit, unless a structural change is made. (Ord. 17-02, 3-16-2017)

Application for a sign permit shall be made in writing on forms furnished by the Building Department. The application shall contain the location by street number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Planning Commission will require the filing of plans or other pertinent information when such information is necessary to ensure compliance with this chapter. Standard plans may be filed with the Building Department. (Ord. 17-02, 3-16-2017)

A sign permit fee and a plans examination fee shall be paid in accordance with the schedule established by the Town Council. (Ord. 17-02, 3-16-2017)

All signs shall be placed in accordance with the following standards:

   A.   Advertising Signs: All advertising signs must be kept on the premises of the business doing the advertising.

   B.   Campaign Signs: Campaign signs will not be permitted on public property and must be on private property only with the property owner's approval. Campaign signs cannot be put up any sooner than sixty (60) days before the election and must be removed within thirty (30) days after the election.

   C.   Off Premises Direction Signs: All off premises directional signs are prohibited, except on Town provided signposts. Signs existing at the time of passage of this chapter shall be removed. New signs may be posted at the applicable place on the Town provided signposts or in other appropriate approved areas with the approval of the Planning Commission and the Town Council, when application is received and approved by the Planning Commission. Pole signs, snipe signs, billboards and other such off premises signs are prohibited from all areas of Town.

   D.   Projection: No sign or sign structure shall project over any public sidewalk, street or area.

   E.   Approval Required: All signs, except campaign signs, must be approved through the Planning Commission.

   F.   Number Permitted: Commercial monument, wall or roof signs are limited to one (1) per business, unless appropriate reasons for a secondary sign are submitted and approved by the Planning Commission.

   G.   Size Of Wall Signs: Wall signs may not exceed fifteen percent (15%) of the wall space.

   H.   Intersections: No sign more than three feet (3') in height above the top back of the curb shall be erected at any intersection for vehicular traffic within a triangular area formed by the intersection of straight lines extended from the back of the curb or future curb and a line connecting them at points forty feet (40') from the intersection of the lines. Monument signs may be erected in the above mentioned area if they are less than three feet (3') above the curb grade to the top of the sign.

   I.   Temporary Signs: For temporary signs, see section 10-17-13 of this chapter. (Ord. 17-02, 3-16-2017)

   A.   General:

      1.   Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs supported on buildings, the dead and lateral loads shall be transmitted to the ground in a manner so as to avoid overstressing the elements of the structural frame.

      2.   The overturning moment produced by lateral forces shall not exceed two-thirds (2/3) of the dead load resisting moment. Uplift due to overturning shall be resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

   B.   Wind Loads: Signs and sign structures shall be designed and constructed to resist wind forces as specified in the adopted building code.

   C.   Seismic Loads: Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the adopted building code.

   D.   Combined Loads: Wind and seismic loads need not be combined in the design of signs or sign structures, only the load producing the larger stress need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with wind or seismic loads.

   E.   Allowable Stresses: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the adopted building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the adopted building code. The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the adopted building code. (Ord. 17-02, 3-16-2017)

   A.   General: Supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this chapter.

   B.   Standards Of Quality: The adopted building code standards shall be followed for steel, smoke density, ignition properties and classification of plastics.

   C.   Materials: Materials utilized for signs and sign structures shall be of the quality and grade as specified for buildings in the adopted building code. In signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following:

      1.   Structural steel shall conform with the adopted building code standards. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of cold formed steel as specified in the adopted building code and, in addition, shall be galvanized. Secondary members, when formed integrally with the display surface, shall not be less than 0.024 inch (0.61 mm) thick. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be 0.10 inch (2.5 mm). The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4") (6.4 mm), except that, if galvanized, such members shall not be less than one-eighth inch (1/8") (3.2 mm) thick. Steel pipes shall conform to building code standards. Steel members may be connected with one (1) galvanized bolt, provided the connection is adequate to transfer the load to supporting members.

      2.   Anchors and supports of wood embedded in the soil, or within six inches (6") (15.2 mm) of the soil, shall be all hard wood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency.

   D.   Restrictions On Combustible Materials: Ground signs may be constructed of any material meeting the requirements of this chapter. Combination signs, roof signs and wall signs shall be constructed of non-combustible materials, except as provided in this section. Combustible materials, other than approved plastics, shall not be used in the construction of electric signs. Roof signs with a maximum surface area of fifty (50) square feet and a maximum height of five feet (5') may be constructed of combustible materials on roofs of any type of construction. Non-electric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.

   E.   Non-Structural Trim: Non-structural trim and portable display surfaces may be of wood, metal, approved plastics or a combination thereof.

   F.   Anchors And Supports:

      1.   Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either the horizontal or vertical direction shall not exceed the safe values. Braced ground signs shall be anchored to resist specified wind or seismic loads acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth belowground greater than that of the frost line.

      2.   Portable ground signs supported by frames or posts rigidly attached to the base shall be proportioned so that the weight and size of the base will be adequate to resist the wind loads specified in this chapter.

      3.   Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.

      4.   Wooden blocks or plugs or anchors with wood used in connection with screws or nails shall not be considered to provide anchorage, except for blocks, plugs or anchors on signs attached to wood framing.

      5.   The anchorage or support of a sign shall not be connected to or supported by an unbraced parapet wall, unless the wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the adopted building code.

   G.   Display Surfaces: Display surfaces of signs may be made of metal, glass or approved plastics. Glass thickness and area limitations shall be as set forth in the adopted building code. Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area unless approved by the Building Inspector. Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6') vertically by the required exterior wall construction unless approved by the Building Inspector.

   H.   Approved Plastics: Substantiating data shall be submitted to the Building Inspector to justify the proposed use of plastic materials. If it is determined that the evidence submitted is satisfactory for the use intended, the use may be approved. (Ord. 17-02, 3-16-2017)

Signs and sign support structures, together with their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of signs shall be kept neatly painted or posted at all times. (Ord. 17-02, 3-16-2017)

Signs for which a permit is required shall be subject to inspection by the Building Inspector, except those signs being placed on the Town designated sign board. Footing inspections may be required by the Building Inspector for signs having footing. Signs containing electrical wiring shall be subject to the provision of the Electrical Code, and the electrical components used shall bear the label of an approved agency. The Building Inspector may order the removal of a sign that is not maintained in accordance with the provisions of section 10-17-9 of this chapter. Signs may be reinspected at the discretion of the Building Inspector. (Ord. 17-02, 3-16-2017)

   A.   General: Temporary signs shall not exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty four (24) square feet in area, or six feet (6') in height, nor shall any such sign be fastened to the ground. Temporary signs may remain in place for a period not to exceed sixty (60) days.

   B.   Cloth Signs: Temporary cloth signs shall be supported and attached with wire rope of three-eighths inch (3/8") minimum diameter. Strings, fiber ropes or wood slats shall not be employed for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind resistance. Cloth signs may extend over public property with the approval of the Town Council. Cloth signs that extend over a public street shall maintain a minimum clearance of twenty feet (20').

   C.   Other Type Signs: Temporary signs, other than cloth, when eight feet (8') or more above the ground may not project over public property or beyond the legal setback line unless approved by the Town Council. (Ord. 17-02, 3-16-2017)

Any existing signs shall not be considered to be "grandfathered", but shall be removed by the owner or the Town official and new ones erected or installed in accordance with this chapter, unless other provisions are made by the Town Council to leave the sign as it is. (Ord. 17-02, 3-16-2017)

In order to provide for reasonable interpretation of the provisions of this chapter, the Appeal Authority is designated to hear disputes after the findings have been determined by the Planning Commission. (Ord. 17-02, 3-16-2017)