For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section:

(1)

Animated sign: Animated sign shall mean and include any sign or device to attract attention, all or part of which moves by any means, include fluttering, rotating or otherwise moving devices, or is designed to be set in motion by movement of the atmosphere, including, but not limited to, pennants, flags, discs, propellers, regardless of whether said device has written message content. Also, an animated sign shall mean and include any flashing sign or device displaying flashing or intermittent light or lights displaying or lights of changing degree of intensity, except a sign indicating time and/or temperature, with change alternating and not less than a seven-second cycle.

(2)

Area of the sign: The are of the sign shall mean and include the area within rectangular lines or circular lines inscribed around any of all words, symbols, or pictorial elements on the face of a sign. The area of a double-faced sign shall be the area of one (1) face, except when the angle between the faces exceeds sixty (60) degrees, at which point the area shall be assessed as a single-faced sign.

(3)

Billboard (outdoor advertising structure): Billboard shall mean any sign used as an outside display for the purpose of advertising any business, product or service is remote from the site or property on which said sign is erected or displayed.

(4)

Building mounted sign: A building mounted sign shall be any sign attached to or receiving its major support from a building, including the following: canopy sign, parapet sign, roof sign, wall sign.

(5)

Canopy sign: A canopy sign shall mean any sign with frames attached to a building or a freestanding structure projecting there from and/or carried by a frame supported at grade level.

(6)

Double-faced sign: A double-faced sign is any sign with two (2) parallel or nearly parallel faces, back-to-back, with not more than forty-eight (48) inches separating the faces.

(7)

Freestanding sign: A freestanding sign is any sign supported by upright structural members or by braces on or in the ground and not attached to the building. A wall sign shall not be considered a freestanding sign.

(8)

Illuminated sign: An illuminated sign is any sign designed to give or reflect light from any source of artificial light.

(9)

Parapet wall: Parapet wall shall mean the extension of the walls of a building above the lowest point of the roof.

(10)

Real estate sign: A real estate sign shall mean any sign advertising the sale, lease, or future use of real estate, placed upon the property so advertised.

(11)

Shopping center sign: A freestanding sign which identifies the name of the shopping center and/or uses in the development as long as there are at least three (3) uses in the center and as long as this is a single parcel.

(12)

Sign: Any writing, letterwork or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner, or permanent sculpture, or any other device, figure, or similar character, other than in a business window which (a) is used to announce, direct attention to, identify, advertise, or otherwise make known; and, (b) is visible from a public right-of-way or from adjoining property.

( Ord. of 3-23-67 )

A permit shall be required to erect, structurally alter, relocate, rearrange or replace any sign or advertising structure within the town, except as otherwise provided herein. A fee payable to the town treasurer and in the amount as designated in section 23-116 shall be required for each sign permit requested by the applicant. A permit fee shall not be required for maintenance or replacement due to normal wear.

( Ord. of 3-23-67 ; Ord. of 3-11-14(1) )

Editor's note— An ordinance adopted March 11, 2014, changed the title of § 23-93 from "Permit required" to read as herein set out.

Prior to the erection, installation, or alteration of any sign or advertising display requiring a permit, a permit application shall be submitted to the zoning administrator.

Each application for each permit shall be accompanied by plans showing the exact dimensions of the sign, the area and height above grade level, the proposed location of the sign, including property lines, buildings, and existing signs on the premises; any proposed method of illumination, plans for erection, and the name and address of the sign owner and sign erector and written permission of the owner, lessee or the authorized agent of the building or land on which the sign is to be erected or placed.

( Ord. of 3-23-67 )

No sign permit shall be required for any of the following signs, provided that they comply with all other regulations of this article. Nothing in this section shall exempt anyone from any requirement of the state's building code.

(1)

One (1) identification sign not to exceed one (1) square foot in area and bearing only property numbers, post office box numbers, names of occupants or premises and hours of operation.

(2)

Signs identifying municipal and governmental buildings or buildings used for religious purposes, when erected upon the building or property upon which such building is located, provided that such signs shall not exceed thirty-two (32) square feet in area.

(3)

Public signs in the interest of, if erected by, or on the order of, a public officer in the performance of his public duty such as directional signs, regulatory signs, warning signs, and information signs. These would include fundraising efforts by nonprofit organizations and would be limited to an area of sixteen (16) square feet.

(4)

Temporary real estate signs which advertise the sale, rental or lease of premises on which [they are] displayed, provided the advertisement display area does not exceed six (6) square feet in residential districts or thirty-two (32) square feet in commercial, industrial, or agricultural districts. Such signs shall not be illuminated.

(5)

Signs warning the public against trespassing, dangerous animals, swimming or the like, provided such signs do not exceed three (3) square feet in area per sign.

(6)

One (1) sign, not more than (1) square foot in area and not illuminated, identifying a home occupation in any and all zoning districts.

(7)

Not more than three (3) construction signs, when placed at the construction site. Such signs shall not be illuminated, shall not exceed sixteen (16) square feet in area for each sign, and shall be removed within ten (10) days following completion of construction.

(8)

Signs designating entrances, exits or conditions of use for parking lots. Such signs shall not exceed twenty-five (25) square feet in area.

(9)

Commemorative plaques and historic markers recognized by the county, not to exceed twenty-five (25) square feet in area.

(10)

Yard or garage sale signs displayed on the premises of such sale, provided that such signs shall not exceed four (4) square feet. No such sign is permitted elsewhere and if so displayed or placed, may be removed by the town. The cost of removal shall be charged to the occupant of the property on which the yard or garage sale is conducted.

(11)

Political campaign signs, including posters, banners, writings, pictures, lights, models, displays, emblems, notices, illustrations, insignias, symbols, and any other advertising devices, the purpose of which is to announce a referendum or the nomination for election of individuals seeking an elected public office, shall be permissible without a permit so long as such signs comply with the following:

a.

The total area of such signs shall not exceed four (4) square feet in a residential zone and thirty-two (32) square feet in a commercial, agricultural, or industrial zone;

b.

Such signs shall be confined within private property; and

c.

Such signs shall not encroach into or interfere with the visibility at street intersections; and

d.

Such signs shall not be located on or attached in any way to utility poles, meter posts, trees, or within or on any structure within any public street right-of-way, nor shall they be attached in anyway to utility poles or meter posts located on private property;

e.

Such signs shall not be erected more than forty-five (45) days prior to any election and shall be removed within five (5) days after any such election; if after reasonable notice the temporary political campaign signs are not removed in compliance herewith, the town may cause said signs to be removed, and the candidate, organization, or person who caused the signs to be erected may be charged with the costs for the removal thereof.

(12)

Billboard or outdoor advertising structures are permitted in M-1 and B-2. They may have a maximum size of three hundred (300) square feet and must be spaced at least one thousand (1,000) feet apart.

( Ord. of 3-23-67 ; Ord. of 7-8-14 )

The following signs shall be prohibited in all districts.

(1)

Signs which by reason of their location, position, size, shape, color, design or means of illumination may be construed as or confused with, or may interfere with, obstruct or obscure the view of all or any portion of a traffic control sign, signal, or device.

(2)

Signs which imitate an official sign or signal or which contain the words "stop," "go," "slow," "yield," "caution," "danger," "warning," or similar words which imply any official warning or command or which may imply the need for special actions on the part of any vehicle or pedestrian.

(3)

Any sign displaying flashing or intermittent lights or lights changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not more than five-second cycles, provided such time or temperature sign does not constitute a public safety hazard in the judgment of the town manager.

(4)

Signs which contain or consist of pennants, ribbons, streamers, spinners, or other similar moving devices in residential areas. These devices, when not part of any sign, are similarly prohibited.

(5)

Any sign or means of sign illumination which causes glare into or upon any building other than the building to which the sign may be related or any sign or means of sign illumination which causes glare into oncoming traffic.

(6)

Any sign affixed to, hung, placed, or painted on any other sign, fence, cliff, radio, television, or similar tower, provided that this prohibition shall not affect official traffic, parking or informational signs placed on utility poles by the town government.

(7)

No new portable or nonstructural sign over sixteen (16) square feet will be allowed in the town after passage of this article. No sign shall be allowed longer than sixty (60) days.

(8)

Any sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity located, conducted, or sold on the premises. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than ninety (90) days from the date of vacancy unless permission to extend is acquired from the town manager.

(9)

Signs advertising activities which are illegal under federal, state, or town laws or regulations.

( Ord. of 3-23-67 )

(a)

In district M-1, sign area shall not exceed in the aggregate three (3) square feet in area per linear foot of building frontage, such frontage being measured as the longest horizontal dimension of the building and which does not pass through or between any adjacent element provided, however, that no such sign or signs shall exceed an aggregate total of three hundred fifty (350) square feet in area.

(b)

All other signs shall be subject to setback and height restrictions of the district in which said signs are placed.

(c)

The maximum permitted height of any sign shall be thirty (30) feet above ground elevation.

( Ord. of 3-23-67 )

All signs, including these exempt from the permit requirements of this article, together with all of their supports, braces, connections, anchors, and electrical equipment shall be maintained in good structural condition at all times. All materials used in the sign shall be kept in good condition, free of holes, rotting, peeling paint or other forms of decay. If the sign is illuminated, all lighting shall be maintained in working order and meet in standards and requirements of the town's building code.

Whenever a sign fails to meet the maintenance requirements, as specified in this section, or becomes structurally unsafe, or endangers the public safety, the zoning administrator or the building inspector shall order that such sign by properly maintained, repaired, made safe, or removed. Such order shall be complied with within thirty (30) days of receipt thereof by the person, firm, or corporation owning or using the sign, or the owner of the building or premises on which sign is affixed or erected.

The ground area around any freestanding sign shall be kept free and clear of weeds, trash, and other debris.

( Ord. of 3-23-67 )

Any sign erected or placed before the effective date of this article which does not conform to the provisions of this section, shall not be enlarged, structurally altered, reconstructed, or changed in any manner, except as otherwise provided. No nonconforming sign shall be moved on the same lot.

If a nonconforming sign violates any part of this section, it shall be removed and replaced only if it conforms to this article. The zoning administrator shall administer this section of the Code.

( Ord. of 3-23-67 )