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Townsend City Zoning Code

24.24 Sign

Regulations

24.24.010 Purpose

Signs perform the important functions of identifying properties, businesses, services, residences, events and other matters of interest of the public. However, it has been determined that it is necessary to control signs in the town to promote the health, safety and welfare of the residents of the town by:

  1. Limiting hazards to pedestrian and vehicular traffic;
  2. Preserving property values;
  3. Preventing unsightly and detrimental development that has a blighting influence upon residential, business and industrial areas;
  4. Controlling the size of signs to prevent one sign from obscuring another;
  5. Specifying certain sign design requirements in an effort to maintain the rural/small town character of the town.

(UDC 2002, § 700)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.020 Sign Specifications And Types

  1. Sign Area.
    1. The area of a sign shall mean the area of all lettering, wording, and accompanying designs, logos and symbols, together with the background on which they are displayed (whether such background is open or enclosed), but excluding any supporting framework and bracing which are solely incidental to display itself providing the same do not contain any letters, designs or symbols.
    2. Where the sign consists of individual letters, designs or symbols attached to a building, awning, wall or window, the area shall be that of the smallest rectangle which encompasses all of the letters, designs or symbols.
    3. Where a sign consists of an identical double-face, only one side shall be considered in the calculation of sign area, but if the interior angle formed by the two faces is greater than 45 degrees, then both sides of the sign shall be considered in the calculation of sign area.
  2. Sign Height. The distance from the highest portion of the sign to the average grade at the base of the sign.
  3. Sign Types.
    1. Advertising Sign. An off-premises which advertises or otherwise directs attention to a commodity, business, industry, home professional office, or other similar activity which is sold, offered, or conducted elsewhere than on the lot upon which the sign is located.
    2. Animated Sign. A sign with action or motion, flashing, or color changes requiring electrical energy, but not including window displayed computer monitors or wind-actuated elements such as flags banners, or novelty items.
    3. Awning Sign. A sign painted on, printed on, or attached flat against the surface of an awning.
    4. Business Sign. An on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted, other than incidentally, on the premises upon which a sign is located, or to which it is affixed.
    5. Directory Sign. A sign on which the names and location of the occupants or the use of a building is given, including office building and church directories.
    6. Freestanding. A self-supporting sign resting on, or supported by means of poles or standards, erected on the ground.
    7. Identification Sign. A sign whose copy is limited to the name of the building, institution, or person and/or to the activity or occupation being identified.
    8. Incidental Sign. A directional sign of a public service nature which contains no advertising.
    9. Marquee Sign. Any sign attracted to or supported by a marquee structure.
    10. Off-premises Sign. A sign structure advertising an establishment, merchandise, service, or entertainment, which is sold, produced, manufactured, or furnished at a place other than on the property on which said sign is located; a sign which advertises or otherwise directs attention to an activity not on the same lot where the sign is located, e.g. billboards, outdoor advertising, subdivision directional sign.
    11. On-premises Sign. A sign which advertises or otherwise directs attention to an activity on the same lot where the sign is located.
    12. Painted Wall Sign. Any sign which is applied with paint or similar substances on the face of the wall.
    13. Parallel Wall Sign. A sign mounted parallel to a wall or other vertical building surface, but does not extend beyond the edge of any wall, roof line, or other surface to which it is mounted, and does not project more than ten inches from the surface to which it is mounted.
    14. Projecting Wall Sign. Any sign mounted to a wall or other vertical surface other than a parallel sign, but does not project more than seven feet from the surface to which it is mounted, nor project above the wall, roof line, or surface to which it is mounted, nor in any way interfere with normal pedestrian or vehicular traffic.
    15. Revolving Sign. A sign which revolves 180 degrees or more.
    16. Roof Sign. A sign erected upon or above a roof or parapet wall of a building, and which does that building wholly or partly support.
    17. Temporary Sign. A sign that advertises community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis. The following types of signs shall be considered temporary signs:
      1. Banner Sign. A temporary sign intended to be hung either with or without framing, possessing characteristics, letters, illustrations or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purpose of this article.
      2. Construction Sign. Any sign giving the name of principal contractors, subcontractors, architects, engineers and lending institution responsible for construction on the site where the sign is placed.
      3. Development Sign. An on-premises sign on a building or lot which announces the nature, purpose, or name of the prospective building/enterprise.
      4. Political sign. A temporary sign used in connection with a local, county, state, or national election or referendum.
      5. Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs, umbrellas used for advertising; signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day.
      6. Real Estate. Temporary sign that advertise the sale, lease, or rent of the property on which the sign is placed. Open house signs for property that is for sale shall be considered real estate signs.
      7. Special Event Signs. On-premises window signs, banners, or commemorative flags which advertise a grand opening or other special event.
      8. Street Banner Sign. Any banner sign which is stretched across and hung over a public right-of-way.
      9. Subdivision Sign. An on- or off-premises directional sign advertising to the public the name of the subdivision project and the nature of the product offered.
      10. Window Sign. Any sign affixed to or visible through a window and intended to be viewed from the outside.

(UDC 2002, § 701)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.030 Applicability

Any sign erected after the effective date of the ordinance from which this section is derived shall conform to the following regulations.

(UDC 2002, § 702)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.040 Administration

  1. Sign Permits. It shall be unlawful to erect, construct or significantly alter any sign which requires a building permit without first filing with the town an application in writing to obtain a formal permit.
  2. Signs Not Requiring Sign Permits:
    1. Government signs (i.e. traffic signs, parking signs, etc.).
    2. Legal notices.
    3. Public monument, plaque, historic identification sign erected by a governmental agency.
    4. Government flag or insignia.
    5. Public service and information signs advertising the availability of public restrooms, telephones, or similar public conveniences, not exceeding three square feet in area.
    6. Address signs, not exceeding two square feet.
    7. Name plates and identification signs provided that characters do not exceed three inches in height and the area does not exceed two square feet.
    8. Vending machine signs, where a product name is an integral component of the vending machine, provided that the machine is not placed in the front yard of a property.
    9. Incidental signs, provided that the aggregate area of incidental signs on a property does not exceed four square feet; incidental sign area in excess of four square feet shall be included in the calculation of a property's permitted sign area.
    10. Home security signs, not exceeding one square foot.
    11. Temporary political signs.
    12. Real estate signs.
  3. Sign Permit Review. The building inspector or zoning officer shall either approve or deny the application, or refer the application back to the applicant in any instance where insufficient information has been submitted.
  4. Fees. All applicants for permits for the erection, construction or alteration of signs shall, at the time of making application, be paid to the town, in accordance with the respective fee schedule adopted by the town from time to time.

(UDC 2002, § 703)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.050 General Sign Regulations Applicable In All Districts

  1. Prohibited Signs.
    1. Animated signs.
    2. Beacon lighting.
    3. Flashing, moving or reflective signs.
    4. Illuminated temporary sings.
    5. Revolving or rotating signs.
    6. Roof signs.
    7. Trailer signs.
    8. Vehicular signs.
    9. Billboards.
  2. No sign shall be placed in such a position as to endanger traffic on a street by obscuring a clear view or by confusion with official street signs or signals.
  3. No sign shall be placed in such a position as to obstruct or endanger pedestrian using the public sidewalk.
  4. No sign, other than official street signs, street banner signs (when authorized by town council) or political signs may be erected within any public right-of-way unless authorized by town council.
  5. No sign shall be erected or maintained so as to prevent free ingress and egress to or from any door, window or fire escape.
  6. Property owners shall assume the cost of relocating any sign within the ultimate right-of-way of a street that is widened.
  7. All signs shall be constructed of durable materials in good condition and repair at all times.
  8. Illuminated Signs.
    1. Signs may be illuminated, unless otherwise specified herein. Floodlighting of any sign shall be so shielded that the source of the light shall not be visible from any point off the property on which the sign is erected and so that only the sign is directly illuminated. No more than one-half foot-candle of light shall be detectable along the boundary of any adjacent property. Illumination of signs shall be subject to the national electrical code.
    2. Translucent covers must conceal the source of light.
  9. Sign Location Requirements.
    1. Yard requirements. No portion of any freestanding sign, business sign or advertising sign may be located within the side or rear yard setback or within the required buffer zone when located in a commercial or industrial zone adjoining a residential district.
    2. Public use areas. No portion of any freestanding business sign or advertising may be located within the side or rear yard setback or with the required buffer zone in a commercial or industrial district adjoining a residential district.
    3. No sign may be located within 660 feet of the right-of-way edge along the Harriet Tubman Underground Railroad Byway, or any other scenic byway.
  10. Political signs may be erected no earlier than 30 days before the date of election. All political signs shall be removed within seven days after the election date.
  11. Any sign that does not so conform to the provisions of this section at the time of adoption of the ordinances from which this section is derived is hereby declared a nonconforming sign.
  12. Removal Of Signs.
    1. The town shall have the authority to require the removal and/or demolition of signs under the following circumstances:
      1. When it is determined that the sign has deteriorated to the point of becoming a danger to the public.
      2. When a sign is erected without an approved building permit.
      3. When a sign is erected which does not comply with the requirements of this section.
      4. A nonconforming sign which has not been removed or brought into conformity.
    2. In all of the above circumstances the removal procedure will be initiated by a letter to the owner or lessee by the building inspector requiring removal within 30 days.
    3. Owner or lessee's remedial action for each circumstance:
      1. Deteriorated/hazardous sign: rehabilitation/repair of sign within 30 days.
      2. No sign permit: obtain a permit within 30 days.
      3. Prohibited sign or nonconforming sign: sign brought into conformity within 30 days.

(UDC 2002, § 704)

HISTORY
Amended by Ord. 09-04 on 12/2/2009
Amended by Ord. 09-04 Revised on 12/2/2009
Amended by Ord. 2020-004 on 6/3/2020

24.24.060 Signs Permitted In Preservation And Residential Districts

  1. Official Signs. Official street and traffic signs, and any sign required by law.
  2. Professional Home Office Signs. Professional home office name signs, located on the same property as the home office, indicating the name, profession or activity of the occupant of the dwelling, provided that the area of any one side shall not exceed two square feet, and provided that not more than one such sign shall be erected on each permitted use or dwelling.
  3. School Signs. Signs for schools, churches and hospitals, clubs or other institution of a similar nature, on the same lot therewith, for the purpose of displaying the name of such institution and its activities or services, provided that the areas on any one side of such freestanding sign shall not exceed 20 square feet and ten feet in height, and provided that not more than one such sign shall be erected on any street frontage. In addition to the aforementioned freestanding sign, each institutional building is permitted one wall sign for purposes of identification not exceeding ten square feet.
  4. Residential Signs. For residential developments containing more than ten dwelling units, one freestanding identification sign per external street frontage not exceeding 15 square feet in area and ten feet in height. The sign shall be aesthetically compatible with the structures.
  5. Trespassing Signs. Trespassing signs and signs indicating private ownership of roadways or other property on the same premises therewith, provided that the total area of any one side of such sign shall not exceed four square feet.
  6. Real Estate Signs. Real estate signs as follows:
    1. For advertising the sale or rental of the premises upon which the sign is erected, provided that the total area on any one side of such signs on any one street frontage of any property in single or separate ownership shall not exceed nine square feet.
    2. For advertising on the premises the sale or development of homes within a subdivision, provided that the area of any one side of any such sign shall not exceed 35 square feet, and provided that not more than two such signs shall be erected within any such subdivision.
  7. Temporary Contractor Signs. Temporary signs of contractors, mechanics, painters and artisans erected and maintained on the premises where the work is being performed during the period in which such work is being performed, provided that the area of any one side of such sign shall not exceed 12 square feet, and provided that not more than one such sign shall be erected on any property in single and separate ownership, and provided that such sign shall be removed upon completion of work.
  8. Open House Signs (on- and off-premises). There shall be a maximum of one on-premises open house sign for each property.
    1. Signs shall not exceed four square feet per side, and not be illuminated.
    2. Signs shall not exceed four feet in height.
  9. Public Auction, Disposal Signs. Signs which advertise public auctions for disposal of real estate, property, or merchandise.
    1. Signs shall not exceed nine square feet in area, at a maximum height of four feet, and shall be placed only on the property where the stated auction is being conducted.
    2. Signs may be erected not earlier than 30 days prior to the advertised auction, and shall be removed within five days of the auction.
  10. Political Signs. Political signs pursuant to TMC 24.24.060 paragraph J.

(UDC 2002, § 705)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.070 Signs Permitted In Commercial And Industrial Districts

For any one lot located in the Commercial or Industrial districts, the following number and type of signs are permitted:

  1. One freestanding business or identification sign per street frontage. Gas stations are permitted one additional freestanding sign per street frontage for advertising gas prices only.
  2. One of the following types of signs for each side of a building which faces a street or a parking lot located on the same property:
    1. Awning sign.
    2. Identification sign.
    3. Marquee sign.
    4. Painted wall sign.
    5. Parallel window sign.
    6. Permanent window sign.
    7. Projecting wall sign.
  3. Incidental signs for the convenience and safety of the public (for example, signs identifying parking areas, telephones, restrooms, etc.) not to exceed four square feet in size and containing no advertising.
  4. One of the following types of temporary signs for a given 30 day period only:
    1. Portable signs.
    2. Special event signs.
  5. Real estate signs, which shall be removed within seven days after the sale or lease of the property.
  6. Other signs permitted in Residential districts according to the regulations in TMC 24.24.060.
  7. Sandwich board signs may be used in the Commercial (C) District only. The following regulations shall apply:
    1. The maximum dimensions shall be four feet in height and two feet in width.
    2. The sign cannot create an obstruction to pedestrians or traffic sight distances.
    3. Signs may be illuminated.
    4. Signs are only allowed during business hours or daylight hours, whichever is shorter.
    5. Signs must be removed at the end of each day.
    6. A permit is required in which the owner assumes liability for the sign.
  8. Billboards, as defined in this article, are specifically excluded from the town.

(UDC 2002, § 706)

HISTORY
Amended by Ord. 09-04 on 12/2/2009
Amended by Ord. 09-04 Revised on 12/2/2009

24.24.080 Dimensional Standards

  1. Freestanding signs shall not exceed 35 square feet in area (16 square feet for signs advertising gas prices), and must be setback a minimum of ten feet from the curbline of the frontage street or outside edge of the cartway. In no case may a freestanding sign be located within a public right-of-way. The maximum height for freestanding signs, including supports, is 12 feet. Multi-use or multi-tenant buildings where the freestanding sign is to be shared by two or more uses or tenants, the maximum sign area calculated in paragraph A may be increased by 25 percent for each additional use/tenant in excess of one use/tenant.
  2. The maximum area of a marquee sign, painted wall sign, parallel wall sign or awning sign shall be 100 square feet. However, the total area of painted wall signs, parallel wall signs, signs affixed to awnings and any signs affixed to the inside or outside of windows, may not exceed 25 percent of the area of the wall, including windows and floor area and cornices, to which they are attached.
  3. The maximum area of a projecting sign shall be 30 square feet.
    1. The sign shall not project more than seven feet from the surface to which it is mounted, nor project over the wall, roof line, or surface to which it is mounted.
    2. The outer-most portion of a projecting sign shall project no closer than five feet from a curbline or shoulder of a public street.
    3. There shall be a minimum clearance of ten feet between the bottom of the projecting sign and a public sidewalk or walkway.
  4. Special event signs, banners, portable signs or commemorative flags for businesses announcing a grand opening, going out-of-business sale or other special promotional event shall comply with the following standards.
    1. The area of the special event sign, banner, portable sign or commemorative flag shall not exceed 25 square feet.
    2. The property or business shall display only one special event sign, banner, portable sign or commemorative flag at any one time.
    3. A special event sign, portable sign, banner or commemorative flag for a business shall be displayed no more than eight times during the calendar year for periods of time not exceeding three weeks.
    4. Special event signs or banners for public or quasi-public events shall comply with the following standards:
      1. Such banners shall be affixed to a building or some other appropriate sturdy structure.
      2. The permitted size of any street banner shall be determined on a case-by-case basis by the town council.
      3. If the banner is to be strung across a state-owned road, the sponsoring organization must receive necessary approvals from the state department of transportation.
      4. Signs or banners shall not be posted earlier than one month prior to the advertised event and must be removed within five days after the day of the event.

(UDC 2002, § 707)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

24.24.090 Nonconforming Signs

  1. Signs legally in existence at the time of the adoption of the ordinance from which this section is derived which do not conform with the requirements of this article shall be considered nonconforming signs.
  2. All such nonconforming signs shall be removed or altered so as to be in conformity with the standards contained herein at such time when:
    1. The town receives an application for a sign permit in cases where the nonconforming sign is to be significantly altered. Changes to the sign copy or the replacement of a sign panel of an existing establishments nonconforming sign shall not be considered a significant alteration. If more than 50 percent of a sign is damaged, it shall be repaired to conform with this article.
    2. The property in which the nonconforming sign is located submits a subdivision or land development application requiring municipal review and approval.
    3. The property in which the nonconforming sign is located undergoes a change of land use requiring the issuance of either a certificate of occupancy.
  3. To determine the legal status of existing signs, in each of the three cases listed in paragraph B the applicant shall submit the following information to the town building inspector:
    1. Type of existing sign located on the property.
    2. The area and height of all signs.
    3. For freestanding signs, the distance of the outermost portion of the sign is setback from the curbline or shoulder.
    4. Type of sign illumination.
    5. The material of which the sign is constructed.
    6. The building length along public street frontage.
  4. Prior to the events listed in paragraph B, nonconforming signs may be repainted, repaired up to 50 percent, the sign copy may be changed, or sign panels may be replaced, provided that such actions do not increase the dimensions of the existing sign, nor in any way increase the extent of the sign's nonconformity.
  5. Under the following conditions, nonconforming signs shall be exempt from the provisions of paragraph B:
    1. The nonconforming sign possesses documented historic value.
    2. The nonconforming sign is of a unique nature or type of virtue of its architectural value or design.
    3. For a change of use when a business name is retained.

(UDC 2002, § 708)

HISTORY
Amended by Ord. 09-04 on 12/2/2009

09-04

09-04 Revised

2020-004