Swanton City Zoning Code
ARTICLE 150
35 SIGN REGULATIONS
§ 150.351 INTENT.
(A) These sign regulations, including provisions to control the type, design, size, location, motion, illumination, replacement and maintenance thereof, are established to promote the public health, safety, and welfare, and to achieve, among others, the following purposes:
(1) Enhance and protect the physical appearance of the community;
(2) Promote and maintain visually attractive residential, business, and industrial districts by reducing visual clutter and preventing blight characterized by oversized, overcrowded, abandoned, obsolete, and/or dilapidated signs;
(3) Provide businesses, institutions and residents with an effective means of communication while balancing their rights to convey messages through signs with the right of the public to be protected against the unrestricted proliferation of signs;
(4) Eliminate potential hazards to motorists and pedestrians resulting from sign clutter and the erection of structures that obstruct sight distance at the intersection of streets, alleys, or driveways;
(5) Promote desirable developments and economic activity in accordance with the objectives of this zoning code;
(6) Prohibit all signs not expressly permitted by this Chapter; and
(7) Provide review procedures that enable the Village to evaluate the compliance of a sign with these standards as well as its appropriateness to a specific site or building, and its surroundings.
(B) No part of these standards shall be interpreted to infringe upon rights guaranteed by the First Amendment to the United States Constitution.
(Ord. 2023-03, passed 2-27-2023)
§ 150.352 APPLICABILITY.
(A) The regulations contained in this Article shall apply to all signs, sign structures, and other types of sign devices located within the Village of Swanton, except when specifically stated otherwise.
(B) No sign shall be erected, established, painted, created, or maintained in the Village of Swanton without the issuance of a zoning permit and payment of the required fee as required in § 150.362 unless otherwise exempted in this Article.
(1) A zoning permit is not required for the following types of signs and sign maintenance:
(a) The non-structural maintenance of a sign.
(b) A change of copy on changeable copy signs.
(c) Temporary signs in residential districts.
(2) A zoning permit is required for changes to sign panels, painted signs or letters that are attached to a structure or wall.
(3) All structural changes to a sign or supporting structure shall require a zoning permit.
(4) Signs in nonresidential districts, in multi-family residential districts, and for nonresidential uses in one-family districts shall be reviewed by the Planning Commission according to § 150.652.
(C) Architectural features that are an integrated part of the building or structure are not considered signs and are exempt from these regulations.
(1) Architectural feature means ornamentation or decorative elements attached to, incorporated into, or projected from the exterior of a building or structure, including a structure attending to, but not an integral part of the sign;
(2) Architectural features of a building include, but are not limited to, doors, windows, columns, cornices, eaves, gutters, fascias, belt courses, sills, lintels, pediments, bay windows, chimneys, trim details and decorative ornaments; and
(3) Architectural features may consist of landscaping, building or structural forms that enhance the site in general.
(D) Noncommercial Speech. The commercial message sign area allowed for any permanent sign permitted in this Article may be substituted with a noncommercial message. A sign permit shall not be required for this substitution if there is no structural change to the sign.
(E) Exempt Signs. The following signs and displays are exempt from the regulations of this Chapter:
(1) The display of official public notices, the Unites States or any state flag, emblem or insignia of an official governmental body shall not be governed by the provisions of these regulations.
(2) Any sign erected or required to be erected by a unit of local, state or federal government.
(3) Any warning signs or traffic safety signs required by public utility providers.
(4) Building marker, cornerstones, or building plaques.
(5) Works of art that do not include a commercial message.
(6) Religious symbols that do not display a commercial message.
(7) Decorative religious displays and other holiday lights or decorations containing no commercial message when displayed during the appropriate time of the year.
(8) Any sign located inside a building that is not visible from outside of the building, or that is mounted more than three feet beyond a transparent window or door. Signs in windows that are mounted in such a way as to be viewed from outside the building shall be considered window signs subject to the provisions of this Article.
(9) Any outdoor sign that does not exceed two square feet and that is not visible from any adjacent public right-of-way or from any adjacent property.
(Ord. 2023-03, passed 2-27-2023)
§ 150.353 PROHIBITED SIGNS.
The following signs are prohibited in the Village:
(B) Public areas: no sign shall be placed on any curb, sidewalk, post, pole, public or private utility appurtenance, hydrant, bridge, tree or other surface located on public property or over or across any street or public thoroughfare, easement or right-of-way except as may otherwise expressly be authorized by this zoning code. Unauthorized signage in public areas is subject to immediate removal by the Village.
(C) Animated, flashing, rotating, revolving, whirling signs and festoons, inflatable signs, tethered balloons, pennants, searchlights, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid background and any clearly similar features, except those specifically exempt from regulation in § 150.352, and electronic message centers as permitted in § 150.358.
(C) Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by the Code. Prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. A vehicle sign shall be considered to be used for the primary purpose of advertising if the vehicle fails to display current license plates or inspection sticker, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the sign alters the standard design of such vehicle. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver’s residence and which is the primary means of transportation to and from his or her place of employment.
(D) Signs containing any words, symbols, or illumination that would cause confusion because of their resemblance to highway traffic control or direction signals.
(E) Signs that prevent the driver of a vehicle from having a clear and unobstructed view of official government signs and/or approaching or merging traffic, or which by means of illumination obscure a government sign or cause a traffic hazard.
(F) Signs located on trees, utility poles, public benches or any other form of public property or within any public right-of-way unless explicitly permitted by the regulations.
(G) Signs mounted on top of a roof.
(H) Portable signs, not including A-frame sidewalk signs.
(I) Signs located on private property without the written consent of the owner or agent thereof.
(J) Other signs or attention getting devices that raise concerns substantially similar to those listed above.
(Ord. 2023-03, passed 2-27-2023)
§ 150.354 CLASSIFICATION OF SIGNS.
For the purposes of this Article, signs shall be classified and defined by physical design or structure, and function or purpose as follows:
(A) Definition. A sign is defined as any display, figure, painting, drawing, placard, poster or other device visible from a public way that is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof printed or attached directly or indirectly on a structure.
(2) Sign Copy. Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign.
(3) Face of Sign. The area of a sign on which the copy is placed.
(B) Physical Characteristics.
(1) Abandoned Sign. A sign that pertains to a business, lessor, service, owner, or activity no longer conducted on the premises for 90 consecutive days, and/or for which no legal owner or proprietor is found on the premises.
(2) A-Frame Sign. A freestanding portable sign that is readily moveable, not secured or attached to the ground or surface upon which it is located and constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top; with each angular face held at an appropriate distance by a supporting member. Also known as a sandwich board sign.
(3) Animated Sign. A sign that uses movement or change of lighting to depict action or to create a special effect or scene.
(4) Awning Sign. A sign painted on, printed on, or attached to the fascia of an awning, canopy, or other fabric, plastic, or structural protective cover over a door entrance or window.
(5) Banner Sign. A sign made with fabric, plastic, paper, or similar lightweight material with no frame. National and state flags and the official flag of any organization, institution or business shall not be considered banners.
(6) Building Sign. A sign attached to any part of a building including but not limited to wall, awning, canopy, marquee and projecting signs.
(7) Building Marker. Letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building, at the time of construction with the name or address of the building, date of construction, or to convey a memorial or similar message.
(8) Changeable Copy Sign. A sign on which the message or graphics is not permanently affixed to the structure, framing or background and is designed to be periodically replaced or covered manually or by electronic or mechanical devices. Examples are a bulletin board and announcement board. See also the definition of “electronic message sign.”
(9) Drive-Thru Sign. Any sign located along a drive-thru lane that is oriented toward the customer or user in the drive-thru lane, such as a menu board.
(10) Entrance Sign. A small permanent sign located near driveway access points and/or at the intersection of internal access drives.
(11) Electronic Message Sign. A sign with a fixed or changing display or message composed of a series of lights that may be changed automatically and/or remotely through electronic or mechanical means.
(12) Festoons. A string of ribbons, tinsel, small flags, pinwheels or the like.
(13) Flashing Sign. A sign, other than a changeable copy sign or animated sign, which contains an intermittent or sequential flashing light source, used primarily to attract attention.
(14) Freestanding Sign. A sign supported by one or more uprights, posts, columns, or vertical structures or supports affixed to the ground and not attached to any part of the building.
(15) Illuminated Sign. A sign with an artificial light source that internally or externally illuminates the sign.
(16) Inflatable Sign. A sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device.
(17) Marquee Sign. A sign attached to or supported by a permanent roof-like structure or canopy of rigid materials supported by and extending from the façade of a building.
(18) Monument Sign. A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure.
(19) Nonconforming Sign. Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
(20) Pole Sign. A permanent freestanding sign that is affixed, attached, or erected on a pole.
(21) Portable Sign. A sign that is designed to be portable and can be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or can be attached.
(22) Projecting Sign. A sign that is wholly or partly dependent upon a building for support and projects more than 12 inches from such building.
(23) Roof Sign. A sign erected on, above, or over the roof of a building.
(24) Rotating Sign. A sign, or any portion thereof, which moves in a revolving or similar manner.
(25) Under-canopy Sign. A sign that is affixed perpendicular to and underneath and hanging, or suspended, from a marquee, awning, canopy, or ceiling of a building or structure, which is intended to be viewed by pedestrian traffic.
(26) Wall Sign. A sign fastened to or painted on the exterior wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign or erected parallel thereto, which does not extend more than 12 inches therefrom nor project above the roofline or beyond the corner of the building.
(27) Window Sign. A sign that is attached to, affixed to, or painted on the interior or exterior of a window or door, or a sign located within two (2) feet inside of a window or door for the purpose of being visible and read from the outside of the building.
(C) Function.
(1) Commercial Message or Speech. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity.
(2) Instructional (Incidental) Sign. A sign that instructs employees, customers or users as to specific parking requirements; the location of, or regulations pertaining to, specific activities on the site or in the building; specific services offered; or methods of payments accepted and is not intended or designed to attract attention from off-site.
(3) Noncommercial Message or Speech. Any sign, wording, logo or other representation that, does fall under the definition of “commercial message or speech.”
(4) Permanent Sign. Any sign that does not fall under the definition of “temporary sign.”
(5) Temporary Sign. A sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, structure or on the ground.
(Ord. 2023-03, passed 2-27-2023)
§ 150.355 COMPUTATIONS AND RULES OF MEASUREMENT.
The following regulations shall control the computation and measurement of sign area, sign height, sign setbacks, building frontage, and window area.
(A) Determining Sign Area or Dimension.
(1) Sign area shall include the face of the entire display area of the sign. Sign area shall not include the structural support unless such structural support is an integral part of the sign design.
(2) The surface area of a sign shall be computed by calculating the area of the sign face.
(3) Sign Area.
(a) Framed: A sign that is framed, outlined, painted or otherwise prepared and intended to include a background for the sign display, the sign area shall include the entire portion within such frame or background.
(b) Nonframed: For a sign comprised of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, or awning, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric shape, or combination of shapes, that comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Administrator or Planning Commission, shall not be included in the total area of a sign.
(4) Freestanding Sign Area.
(a) When two identical, flat sign faces are placed back-to-back or at angles of 30 degrees or less, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than 12 inches apart, the sign area shall be computed by the measurement of one of the faces. If the two faces are unequal, the sign area shall be calculated based on the larger of the two faces.
(b) No more than two display faces shall be permitted for one sign.
(B) Determining Sign Height.
(1) The height of a freestanding sign shall be measured as the distance from the highest portion of the sign including frame and structural members to the average finished grade of the street closest to the sign.
(2) In the case of a sign located greater than 100 feet from a public street, height shall be measured to the average finished grade at the base of the sign. The finished grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely undertaken for the purpose of locating or increasing the height of the sign.
(3) Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.
(C) Sign Setbacks.
(1) The required setbacks for a sign shall apply to all elements of the sign, including its frame and base.
(2) The setback of a freestanding sign or projecting sign shall be measured horizontally from the outward edge of the sign frame to the street right-of-way or lot line, as applicable.
(D) Determining Building Frontage, Building Units, and Building Facades.
(1) For the purposes of this Article, building frontage includes the length of any building wall described below:
(a) Any building wall that faces a public or private street;
(b) Any building wall that contains a public entrance to the uses therein.
(2) The calculation of the width or lineal measurement of any building frontage shall be the measurement of the façade between two side facades. The calculation shall be based on viewing the façade from a 90-degree angle (i.e., straight on), regardless of façade insets, offsets, or angles. See Figure 150.355(D).
(3) For multi-tenant buildings, the portion of a building that is owned or leased by a single occupant or tenant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(E) Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than 15 feet in height above grade.
(Ord. 2023-03, passed 2-27-2023)
§ 150.356 PERMANENT SIGNS IN RESIDENTIAL AND PUBLIC OPEN SPACE DISTRICTS.
Permanent signs for all uses in Residential Districts and the P/OS District shall comply with the regulations set forth in this Section.
(A) Permanent signs for all uses in residential districts and P/OS District shall be limited in number, area, height and setback based on the type of use, as set forth in Schedule 150.356(A).
Regulations for Freestanding signs | |||||
Signs Permitted | Maximum Number of Signs Permitted | Maximum Sign Area Permitted | Maximum Height | Min Setback from ROW | Min Setback from side lot line |
Regulations for Freestanding signs | |||||
Signs Permitted | Maximum Number of Signs Permitted | Maximum Sign Area Permitted | Maximum Height | Min Setback from ROW | Min Setback from side lot line |
(1) One-family and two-family dwelling units | 1/unit | 5 sq. ft. | 4 sq. ft. | 10 ft. | 10 ft. |
(2) Multi-family and one family attached developments with | |||||
(a) Per development | 1/developmen t | 20 sq. ft. | 6 ft. | 10 ft. | 10 ft. |
(b) Per unit when each unit has a separate outdoor entrance | 1/unit | 2 sq. ft. per unit | NP | NP | NP |
(3) Freestanding sign for Residential Subdivision[a] | 1/subdivision entrance | 40 sq. ft. | 6 ft. | 10 ft. | 25 ft. |
(4) Nonresidential Uses[b] | |||||
(a) Wall Sign | 1/building | 40 sq. ft. | NA | NA | NA |
(b) Freestanding monument sign | 1/500 feet of parcel frontage[c] | 40 sq. ft. | 5 ft. | 10 ft. | 10 ft. |
Notes: [a] Sign approval required at the time of final plat approval. [b] Located on the premises of an approved nonresidential use in any residential district. [c] Except as otherwise permitted in § 150.356(B)(3), for lots that exceed 500 feet in street frontage. | |||||
(B) Additional Requirements for Permanent Signs in Residential and P/OS Districts.
(1) Residential properties.
(a) Unless otherwise restricted in Schedule 150.356(A), signs may be freestanding, mounted to a permanent building or structure or displayed in a window.
(b) Signs shall not be illuminated.
(2) Residential Subdivision Entrance Sign.
(a) A maximum of two sign faces shall be permitted per entrance on a collector or arterial street as determined by the Zoning Administrator. The sign shall either be a doublesided freestanding sign or a two single-sided signs be mounted on a decorative wall or other entrance feature.
(b) Freestanding signs shall be placed on private property, except that the Planning Commission may approve a freestanding sign in the street right-of-way provided such sign shall be located on the center island of a boulevard entrance, placed no closer than 25 feet to the intersecting street’s right-of-way.
(c) Regardless of location, every residential subdivision entrance sign shall be maintained by a homeowners association in compliance with the regulations for homeowners associations in § 150.224.
(d) Signs shall not be internally illuminated.
(3) Nonresidential Uses in Residential and P/OS Districts.
(a) A maximum of 30% of the area of a monument sign may be devoted to changeable copy provided the changeable copy shall not be changed more than once per day.
(b) Monument signs may be illuminated in compliance with the illumination requirements in 150.360(A).
(c) Conditionally permitted uses may be permitted additional sign area as part of conditional use approval by the Planning Commission if the Planning Commission determines that, because of the large size of the facility and its site, the proposed larger sign will be consistent with the objectives, intent and criteria of this Article.
(d) One additional monument sign shall be permitted for a lot with a lot frontage that exceeds 500 feet. Such sign shall comply with § 150.356(c)(1), above. For corner lots, each street frontage shall be calculated separately. Freestanding signs on the same lot shall be separated by a minimum of 100 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.
(4) Supplemental Regulations for Permanent Monument Signs in Residential and P/OS Districts.
(a) Monument signs shall be erected in a landscaped area and not on sidewalks, drives, or in parking lots.
(b) No part of a monument sign, the wall or entry feature on which it is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
(5) Instructional Signs. Instructional signs on multi-family and nonresidential properties that are clearly intended for instructional purposes shall be permitted as needed provided such signs are not larger than necessary to serve the intended instructional purpose, are the minimum number to serve the intended instructional purpose, and are not located nor designed to attract attention beyond the perimeter of the site, as determined by the Planning Commission.
(Ord. 2023-03, passed 2-27-2023)
§ 150.357 PERMANENT SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS.
(A) Signs for Residential Uses in Nonresidential Districts. Buildings, developments, subdivisions, or any portions thereof, that are 100 percent residential in any nonresidential district, shall be subject to the permanent sign allowances established in § 150.356. Buildings or a single lot with a mixture of residential and nonresidential uses shall be permitted signs in accordance with this section.
(B) Projecting Signs in B-2 Downtown Business District.
(1) Projecting signs shall be limited to one for each customer entrance to the building, with a maximum sign area of 10 feet, shall be permitted in lieu of a freestanding sign and shall not count toward the maximum building sign area permitted in subsection (D) below.
(2) Projecting signs shall be attached to the building wall so as to project at an angle of approximately 90 degrees and shall not extend more than four feet from the face of the building to which it is attached.
(3) Projecting signs shall not be located less than five feet from a party wall.
(4) All projecting signs shall have a minimum clearance of ten feet from the ground to the bottom of the sign and a maximum height of 14 feet.
(5) Projecting signs shall not project into a public right-of-way, unless approved by the Public Works Supervisor.
(6) Signs shall be fastened securely so that movement in all directions is prevented.
(7) Decorative supporting structures for projecting signs are encouraged and shall not count toward the maximum square footage of signs allowed, however, in no case shall the supporting structure exceed six square feet.
(C) Under-canopy Signs in Business Districts.
(1) Buildings that have a covered walkway along the building frontage shall be permitted to install one under-canopy sign for each ground floor tenant directly above the entrance to the tenant space.
(2) Under-canopy signs shall be attached to the ceiling of an outdoor arcade or underneath a canopy, awning, or marquee perpendicular to the wall of the building to which it is attached.
(3) Each under-canopy sign shall not exceed a maximum sign area of six square feet and shall have a minimum clearance of eight feet from the ground to the bottom of the sign.
(D) Building Signs. Building signs are permitted on all principal buildings in accordance with the following.
(1) Building signs include wall or fascia signs, and signs otherwise permanently applied parallel to the building wall or other surfaces, including wall, awning and window signs.
(2) The maximum permitted area for building signs shall be:
(a) In the B-1 and B-2 Districts: one square foot for every lineal foot of building frontage.
(b) In the B-3 District: one and one-half square feet for every lineal foot of building frontage.
(c) In the M-1 District: two square feet for every lineal foot of building frontage.
(3) For buildings that have more than one building frontage as defined in § 150.355(D), sign area shall be permitted for a maximum of two building frontages.
(4) This maximum area shall be the sum of the areas of all building signs, including awning and marquee signs, but not including the area of projecting signs and under-canopy signs.
(5) Notwithstanding the above standard, each building shall be permitted a minimum of 40 square feet of building sign area.
(6) Building signs shall not extend above the top of the roofline of the building to which it is attached.
(7) Building signs shall not be attached to mechanical equipment or roof screening.
(8) Building signs may be internally illuminated, but shall not include electronic message centers.
(9) Additional Building Sign Area for Large Building Setback. The maximum allowable area for building signs may be increased by one-half square foot of sign area for each foot of building frontage when the principal building is set back more than 200 feet from the principal street on which the building is located. In the event that only a portion of the building is more than 200 feet from the street, the additional sign area shall be calculated only for that portion of the building that is more than 200 feet from the street and facing such street.
(10) Permanent Window Signs. The maximum permitted area for permanent window signs shall be 25% of the total glass area of the ground floor windows. For the purposes of determining the window area of a ground floor, the ground floor shall be considered to be no more than fifteen (15) feet in height above grade.
(F) Freestanding Signs.
(1) Freestanding signs shall be limited to one (1) per property held in single and separate ownership, unless specifically permitted otherwise.
(2) Freestanding signs shall comply with the maximum permitted area and height specified in Schedule 150.357(F), except as otherwise specifically permitted in this Chapter.
Maximum Sign Area Permitted | Maximum Height[3] |
Min Setback from ROW | Min Setback from side lot line | |
B-1 and B-2 Districts[1] | 32 sq. ft. | 6 ft. | 10 ft. | 10 ft. |
B-3 District | 60 sq. ft.[2] | 12 ft. | 10 ft. | 20 ft. |
M-1 District | 60 sq. ft.[2] | 12 ft. | 10 ft. | 20 ft. |
Airport Highway Corridor Overlay District | 40 sq. ft.[2] | 8 ft. | 10 ft. | 10 ft. |
Notes: [1] Not permitted on the site when the building is located less than 10 feet from the street right-of-way. [2] Plus 1 square foot for every seven (7) feet of lot frontage greater than 200 feet. In no case shall the sign area exceed 200 square feet. [3] Freestanding signs with height of eight feet or less shall be designed and installed as monument signs. | ||||
(3) Additional Freestanding Signs for Large Lot Frontage. The maximum sign area allowed in Schedule 150.357(F) may be distributed to one or more freestanding sign(s) for each 250 feet of lot frontage or fraction thereof. See Figure 150.357(F).
(4) Signs on Corner Lots. For corner lots, each street frontage shall be calculated separately.
(a) The allowable sign area permitted in Schedule 150.357(F) may be distributed to one or more freestanding sign(s) for each 250 feet of lot frontage or fraction thereof.
(c) Two signs may be aggregated into a single sign provided that the area of any freestanding sign face shall not exceed 150 percent of the maximum area permitted for a single sign.
(5) Minimum Separation of Freestanding Sign. Whenever multiple freestanding signs are permitted on a lot, the freestanding signs shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both lot lines that coincide with the street right-of-way line shall be used in measuring spacing.
(6) Landscaping. Freestanding signs shall be erected in a landscaped setting and not on sidewalks, access drives or in parking lots.
(a) Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.
(b) The landscaped area shall include all points where sign structural supports attach to the ground.
(c) Exposed sign foundations shall be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(7) When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner’s responsibility to determine if the sign area shall be devoted to identification of the building, the anchor occupant, all occupants, or some combination thereof.
(8) Changeable copy. A freestanding sign may include a changeable copy sign provided it does not comprise more than eighty percent (80%) of the total sign area, and is in compliance with § 150.358.
(G) Entrance Signs. Each lot that includes a parking lot having spaces for four or more cars or containing a drive-thru facility shall be permitted to erect one (1) sign within 10 feet of an entrance or exit drive. Such signs shall be located on the premises which they serve. Each sign shall not exceed four (4) square feet. No more than four (4) driveway entrance signs per premises shall be erected.
(H) Drive-thru Signs.
(1) Up to two freestanding drive-thru signs, such as, but not limited to menu boards, shall be permitted for each waiting lane in a drive-thru facility provided the total aggregate sign area of all drive-thru signs, for each facility, does not exceed 72 square feet. In no case shall a single drive-thru sign exceed 36 square feet in sign area.
(2) Drive-thru signs shall be permitted only in a side or rear yard.
(3) Drive-thru signage shall be in addition to the permitted freestanding sign area permitted in § 150.357(F).
(4) No drive-thru sign shall exceed seven feet in height measured from the grade of the adjacent driving surface to the top of the sign.
(5) Drive-thru signs may be internally or externally illuminated.
(Ord. 2023-03, passed 2-27-2023)
§ 150.358 CHANGEABLE COPY/ELECTRONIC MESSAGE CENTER SIGNS.
(A) Non Electronic Changeable Copy. Changeable copy by non-electronic means may be utilized on any permitted sign.
(B) Electronic Changeable Copy. Electronic message center (EMCs) signs are permitted in Nonresidential Districts in accordance with the sign areas permitted in § 150.357 in compliance with the following provisions:
(1) Frontage on Airport Highway (SR 2). Electronic message centers are permitted on lots in Nonresidential Districts with frontage on Airport Highway (SR 2) in compliance with the following:
(a) Setback from Residential Districts. The leading edge of the sign shall be a minimum distance of 100 feet from an abutting residential district boundary.
(b) Orientation. When located within 150 feet of a residential district, all parts of the electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on such residential lot.
(2) EMC Illumination.
(a) The brightness of the EMC’s illuminance shall not exceed 0.3 foot-candles above the ambient light level in accordance with the following procedure:
1. The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals.
2. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid message for a single-color EMC.
3. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the following formula: Area of Sign Sq. Ft. x 100.
(b) All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and be programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.
(c) Each EMC sign shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than fifty percent (50%) of the EMC sign face.
(3) EMC Display. EMC signs shall comply with the following display requirements:
(a) EMC signs shall have a minimum display time of eight (8) seconds.
(b) The transition time between messages and/or message frames shall not exceed three (3) seconds.
(c) Transitions may employ fade, dissolve, and or other transition effects.
(d) The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
(Ord. 2023-03, passed 2-27-2023)
§ 150.359 TEMPORARY SIGNS.
(A) General Regulations of Temporary Signs.
(1) Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total square footage of permanent signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
(2) Unless otherwise stated, a sign permit for temporary signs shall be required for temporary signs that exceed 12 square feet.
(4) Temporary signs proposed to be placed over a public right-of-way shall be reviewed and approved by the Village Administrator.
(5) Except as limited by the standards in § 150.359(E), there is not a limit on the number of temporary signs permitted in this section provided the aggregate total square footage of sign area does not exceed the area allowed in this section.
(B) Standards that Apply to all Temporary Signs.
(1) Temporary signs shall not be posted in any place or in any manner that is destructive to public property including, but not limited to, rights-of-way, utility poles, and public trees.
(2) Temporary signs shall not be mounted, attached, affixed, installed, or otherwise secured in a manner that will make the sign a permanent sign, and shall not require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.
(3) No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so as to protrude above the roofline of a structure.
(4) Unless otherwise specifically stated, temporary signs shall not be illuminated.
(5) All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles, or structures.
(6) Portable signs on wheels, runners, casters, parked trailers, parked vehicles, or other temporary or movable signs shall not be permitted unless otherwise specifically stated in this chapter.
(7) Temporary signs shall be removed or replaced when such sign shows signs of deterioration, such as but not limited to faded colors or lettering, torn or damaged sign face, and rusted stakes.
(C) Temporary Signs in Residential Districts. The following temporary signs are permitted in Residential Districts and the P/OS District, as well as on lots used for residential-only purposes in a business district:
(1) Each lot shall be permitted to erect one temporary sign per dwelling unit provided that no such sign shall be larger than five (5) square feet or a height greater than four (4) feet and the combined area of all temporary signs on the site shall not exceed twelve (12) square feet in area.
(2) A temporary sign shall be set back a minimum of 10 feet from all lots lines and rights-of-way.
(3) Temporary signs shall be limited to yard signs and signs posted in a window subject to the sign-specific standards in § 150.359(E), and shall be displayed for a duration not to exceed forty-five (45) days.
(4) Temporary Signs on Properties for Lease or Sale.
(a) In addition to any other permitted sign, one (1) unlighted temporary sign may be permitted on an individual lot (without a zoning certificate) when the property is being offered for sale or lease. Such sign shall be limited to five (5) square feet or less in sign area and four (4) feet in height, and shall be located on private property.
(b) For properties that are five acres or larger, such temporary sign shall be permitted with a maximum sign area of 24 square feet and a maximum height of eight feet. Such sign shall be set back 10 feet from all lot lines.
(c) Such temporary sign shall be removed within ten (10) days of the completion of said sale (title transfer, lease, or rental).
(5) In lieu of the above regulations, any nonresidential use located in a residential zoning district shall be permitted to have temporary signs with a commercial message in the same size, height, and manner as temporary signs allowed in Nonresidential Districts, pursuant to this section.
(D) Temporary Signs in Nonresidential Zoning Districts. The following temporary signs are permitted in B-1, B-2, B-3, and M-1 districts:
(1) Up to 12 square feet of temporary signs is permitted year-round, without time restrictions, provided the signs are of the following type, subject to the standards for each specific type of sign:
(a) Temporary A-Frame sidewalk signs.
(i) Sidewalk signs are permitted outside on the sidewalk only during the hours of the establishment’s operation, and shall be stored indoors when the business is closed. There shall be no limit on the number of days sidewalk signs are permitted to be displayed.
(ii) Each business establishment shall be limited to one sidewalk sign displayed at any one time.
(iii) Such sign shall not exceed three feet in height or two feet in width and shall be located within five feet of such business entrance.
(iv) The sign may be located on a public or private sidewalk or walkway provided it is placed on pavement and not in any landscaped areas or on pavement used for vehicles (e.g., driveways and parking lots).
(v) If the sign is placed on a sidewalk or walkway, the sign shall be placed only where the paved sidewalk or walkway width, not including curb top, is at least seven feet wide. The width and placement of the sign shall be such so that there shall be a minimum width of four feet of clear and passable sidewalk or walkway for pedestrians.
(vi) The sign shall be free-standing and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure, and shall not obstruct access to any feature legally in the right-of-way.
(vii) The sign shall be internally weighted so that it is stable and windproof.
(viii) The Village of Swanton shall be held harmless from any liability resulting from accident or injury caused by the placement and/or maintenance of such sign.
(b) Temporary Banner Signs on Private Property.
(i) Banner signs may be attached to a building, fence, or other similar structure, provided such banner sign does not encroach on the public right-of-way.
(ii) Banner signs attached to posts and mounted in a yard or landscaped area shall be regulated as a temporary yard sign.
(iii) The maximum height standard for temporary signs shall not apply to a banner sign but such signs shall not be mounted in a manner that extends above the roofline of a building or the top of the structure on which it is mounted.
(iv) For zoning permit applications related to the establishment of a new use within an existing building where there is existing permanent sign, a banner sign that is installed so to cover the existing sign may be approved for up to 60 consecutive days. Such banner sign shall not exceed the sign area of the permanent sign and shall require a sign permit.
(c) Temporary yard signs.
(i) There shall be a maximum of two faces to the sign, mounted back-to-back.
(ii) The maximum height shall be five feet.
(2) Limited Temporary Sign Allowance. In addition to the temporary signage allowed year- round, each lot in nonresidential districts shall be permitted the use of additional temporary signage on a limited time basis.
(a) Each lot is permitted to have an additional 24 square feet of temporary signs for a period of 30 consecutive days, up to four times per calendar year.
(b) The limited temporary sign allowance may include any of the following sign types subject to any applicable standards established for each sign type in this chapter.
(i) Banner signs;
(ii) Temporary window signs; and
(iii) Temporary yard signs.
(3) Temporary Signs on Properties for Lease or Sale.
(a) In addition to any other permitted sign, each lot shall be permitted one (1) unlighted temporary sign not to exceed eight (8) square feet in area when the property is being offered for sale or lease. Such temporary sign shall be located on private property at least twenty (20) feet from the edge of pavement.
(b) Such temporary sign shall be removed within ten (10) days of the completion of said sale (title transfer, lease, or rental).
(E) Temporary Sign for Properties Under Construction. In addition to any other permitted sign, one (1) unlighted sign not exceeding eight (8) square feet in area may be located and maintained upon a property during active construction, with the issuance of a six (6) month renewable zoning certificate. Such sign shall not be located closer than twenty (20) feet to the road pavement edge.
(Ord. 2023-03, passed 2-27-2023)
§ 150.360 SIGN ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.
(1) Lights shall not be of such brightness so as to cause glare that is hazardous to pedestrians or motorists or cause reasonable objection from adjacent residential districts.
(2) Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
(3) No sign shall be illuminated in such a way that the source of light is visible from any premises other than that on which the sign is located.
(4) In no event shall an illuminated sign or lighting device permit the beams or illumination therefrom to be directed upon a public thoroughfare, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a hazard or nuisance.
(5) Any illuminated sign or lighting device shall emit a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. This restriction shall not apply to any legally permitted electronic message center sign, provided such sign is operated in accordance with § 150.358.
(B) Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with all requirements of the applicable building and electrical codes and all of the following:
(1) All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the Village and County and shall be structurally sound to withstand wind pressures of at least 30 pounds per square foot of surface area.
(2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations.
(3) Signs shall not be erected in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs.
(4) If possible, signs should not be in locations that obscure architectural features such as pilasters, arches, windows, and cornices.
(5) Signs shall not project over or obstruct the required windows or doors of any structure or building, and shall not be attached to or obstruct a fire escape or interfere with other safety provisions as may be further related to other codes.
(6) Signs shall be structurally designed in compliance with ANSI and ASCI standards. All electric signs shall be constructed according to the technical standards of a certified testing laboratory, and shall be installed, repaired, altered, and serviced only by a contractor licensed to perform such tasks.
(C) Clearances.
(1) Vision clearance areas: Vision clearance areas are triangular shaped areas located at the intersection of any combination of rights-of-way or driveways. No sign shall be installed within the clear sight triangles defined below. See also Figure 150.360(C).
(a) At the intersection of two street rights-of-way, the triangle shall extend thirty (30) feet from the intersection of the rights-of-way in either/each direction.
(b) At the intersection of a street right-of-way and a driveway, the triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten feet along the driveway to a point and a distance of 20 feet along the street curb to a point and connecting these points.
(2) Signs shall not be erected so as to obstruct traffic-control lights, street name signs at intersections, or signals at railroad grade crossings.
(3) Vehicle area clearances: In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure shall be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
(4) Signs in the Right-of Way. Only the Village may install signs in the public right-of-way, which, when installed shall be at least fourteen (14) feet above the ground.
(D) Maintenance Requirements. All signs shall be maintained in accordance with the following:
(1) The property owner shall maintain the sign in a condition appropriate to the intended use and in compliance with all applicable requirements of this Code.
(2) The Zoning Administrator may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.
(3) If the sign is deemed by the Zoning Administrator to be in an unsafe condition, the owner of the business shall be immediately notified in writing, and shall, within 48 hours of receipt of such notification, respond to the Village with a plan to correct the unsafe condition, remove the unsafe sign, or cause it to be removed. If, after 14 days, the unsafe condition has not been corrected through repair or removal, the Zoning Administrator may cause the repair or removal of such sign, at the expense of the property owner or lessee. If the total costs are not paid in full within 30 days of the repairs or removal, the amount owed shall be certified as an assessment against the property of the sign owner, and lien upon that property, together with an additional 50% penalty for collection as prescribed for unpaid real estate taxes.
(a) All notices mailed by the Zoning Administrator shall be sent by certified mail. Any time periods provided in this subchapter shall be deemed to commence on the date of the receipt of the certified mail.
(b) For all other signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If unknown, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property.
(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 with the Committee of Zoning Appeals within 30 days after receipt of the notice.
(4) In cases of emergency, the Zoning Administrator may cause the immediate removal of a dangerous or defective sign without notice.
(5) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit or without any payment of fees provided that all of the following conditions are met:
(a) There is no alteration or remodeling to the structure or the mounting of the sign itself;
(b) There is no enlargement or increase in any of the dimensions of the sign or its structure;
(c) The sign is accessory to a legally permitted, conditional or nonconforming use.
(Ord. 2023-03, passed 2-27-2023)
§ 150.361 NONCONFORMING, ABANDONED AND ILLEGAL SIGNS.
(A) Maintenance. Nonconforming signs shall be maintained in good condition and structural parts may be repaired or restored to a safe condition if required, and if a permit is issued; provided, however, that any sign or parts thereof which have been blown down, destroyed or otherwise taken down for any purpose, shall not be rebuilt, re-erected or relocated unless it shall be made to comply with the provisions of this zoning code and the state building code. Any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.
(B) Alteration and Removal of Nonconforming Signs.
(1) Nonconforming signs shall be removed and any subsequent modification or replacement, excluding maintenance pursuant to § 150.360 shall conform to all requirements of this chapter:
(a) When more than fifty percent (50%) of the value of the sign has been destroyed or has been taken down; or
(b) When the use to which the nonconforming sign is accessory is vacant for ninety consecutive days.
(2) Following six (6) years from the date of the amendment to this Article that made the sign nonconforming, unless an extension is granted by the Planning Commission.
(a) The Planning Commission may extend the time for removal of a nonconforming sign for a period that is the lesser of the remaining depreciable life of the nonconforming sign or five years.
(b) Any such extension shall be subject to the criteria for granting variances set forth in Article 150.69. In determining the depreciable life of a nonconforming sign, the Planning Commission may consider the depreciable life determined by the owner of such sign, but may also consider other standard accounting principles.
(3) A nonconforming sign shall not be altered, modified or reconstructed except:
(a) When such alteration, modification or reconstruction would bring such sign into conformity with these regulations;
(b) When the existing use has new ownership which results in a change in the name or logo of the use or business on the property, and such change complies with subsection (4) below;
(c) When the space is reoccupied by a similar use and the new occupant requires no external building or site renovation, and such change complies with subsection (4) below;
(d) Any alteration, modification or reconstruction permitted in this section shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area or repainting a sign face, and does not permit changes to the structure, framing, erection or relocation of the sign unless such changes conform to subsection (1) above.
(4) A nonconforming sign shall immediately lose its legal nonconforming status and thereafter must be brought into conformance with this article or removed whenever alterations to a nonconforming sign changes the structure, framing or erection or relocation of the sign.
(C) Abandoned Signs.
(1) Except as otherwise provided in this Section, any sign that is located on property which becomes vacant and is unoccupied for a period of 90 days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned.
(a) An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
(b) Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 120 days or more.
(2) Whenever the removal of an abandoned sign has been ordered by the Zoning Administrator, the person, firm, or corporation who erected, affixed, or attached such a sign or display, shall remove such sign within 30 days after receiving such notice.
(a) In the event of noncompliance, the Zoning Administrator is authorized to commence legal action for an order to remove such sign at the expense of (b) person, firm or corporation who erects such sign or on whose premises it was erected, affixed or attached.
(b) The sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed and any holes in the building’s façade shall be repaired.
(c) The person, firm or corporation who erects such sign or on whose premises it was erected, affixed or attached shall be individually and separately liable for all expenses incurred by the Village to remove the sign.
(D) Illegal Signs. Signs erected in violation of the Code shall be removed by the owner, tenant, occupant and/or sign applicant, or person having the beneficial use of the building, structure, or land upon which such sign is located, within 90 days after receipt of written notice by the Zoning Administrator. Upon failure to remove the sign pursuant to such order, the Zoning Administrator is hereby authorized to commence legal action for an order to remove the sign. All expenses incurred by the Village to remove the sign shall be paid by the owner of the property on which the sign is located.
(Ord. 2023-03, passed 2-27-2023)
§ 150.362 APPLICATION FOR SIGN PERMIT.
(A) Application generally. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent, or sign contractor.
(1) Such application shall be made in writing on forms furnished by the Zoning Administrator and shall be signed by the applicant.
(2) A sign permit shall be required for all permanent signs and each application shall be accompanied by a drawing (to scale), showing the following:
(a) The design and layout proposed, including the total area of the sign, the size, character, materials and color of letters, lines and symbols;
(b) The method of illumination, if any;
(c) The exact location of the sign in relation to the structure of building and property; and
(d) Details and specifications for construction, erection, and attachment as may be required by the zoning or state building code.
(B) Issuance: denial.
(1) The Zoning Administrator shall issue a permit for the erection, alteration or relocation of a sign within the village when an application has been properly made and the sign complies with all appropriate laws and regulations of the village.
(2) The Zoning Administrator may, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of misstatement of fact or fraud. When a sign permit is denied by the Zoning Administrator, he or she shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.
(C) Effect of issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in any action to abate an unlawful sign.
(D) Fees.
(1) The applicant shall pay the sign fee established by council, which shall accompany each application.
(2) When any sign is installed on any property prior to obtaining all necessary permits, the normal fee for that sign shall be doubled. The late fee shall not relieve the owner of the sign from complying with all other provisions of this zoning code.
(Ord. 2023-03, passed 2-27-2023)