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Waterford Town City Zoning Code

ARTICLE IX

SIGNS21

Footnotes:
--- (21) ---

Editor's note— Ord. No. 2004-190, adopted Mar. 8, 2005, repealed Art. IX in its entirety and reenacted a new Art. IX to read as set out herein. Former Art. IX pertained to similar subject matter and derived from Code 1975m §§ 7.071—7.076, 7.078, 7.079; Ord. No. 87-113, § 7.0710, adopted Oct. 13, 1987; Ord. No. 88-160, § 7.073, adopted Jan. 10, 1989; Ord. No. 89-89, § 7.074, adopted Aug. 8, 1989; Ord. No. 90-255, § 7.704, adopted Mar. 12, 1991 and Ord. No. 93-9, adopted May 11, 1993.

Cross reference— Schedule of deposits for violation of the provisions in this section, § 5-3; district regulations, § 20-211 et seq.; supplementary district regulations and requirements, § 20-986 et seq.

State Law reference— Authority to regulate billboards, etc., W.S.A., § 59.07(49).


Sec. 20-1356. - Purpose

This article regulates all signs in Racine County that are readable/visible from the street right-of-way, public facilities, trails open to the public, and navigable waterways. Racine County has a tradition and reputation as a community with a rich mix of land uses that blend into a landscape of high aesthetic quality. Depending on their size, number, and character, signs may attract or repel visitors, affect the visual quality enjoyed daily by residents, affect the safety of vehicular traffic, and define the character of the area. Thus aesthetic considerations impact economic values as well as public health, safety, and welfare. Therefore, this article sets standards for the following purposes:

(1)

Maintain and enhance the visual quality (aesthetics) of the community;

(2)

Enhance the pedestrian environment and improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the street and of directional or warning signs;

(3)

Protect and enhance economic viability by assuring that Racine County will be a visually pleasant place to visit or live;

(4)

Protect property values and private/public investments in property;

(5)

Protect views of the natural landscape and sky;

(6)

Avoid personal injury and property damage from structurally unsafe signs;

(7)

Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention.

(8)

Create attractive gateways and enhance the image of the community.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1357. - General restrictions.

(a)

All signs are prohibited in any zoning district, except as provided in sections 20-1380, 20-1381, 20-1401, 20-1402, 20-1403, 20-1404, 20-1405, 20-1406, and 20-1407.

(b)

Only those signs allowed under sections 20-1380, 20-1381, 20-1402, 20-1405, 20-1406, and 20-1407 are permitted to face a recreational park district within one hundred (100) feet of such district boundary.

(c)

No sign may be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered in any conservancy district, SWO district, or any floodplain district other than the FFO Urban Floodplain Fringe Overlay District.

(d)

All signs in shoreland areas that are readable to stream or lake users at any time of the year may not exceed twenty-five (25) square feet in area on one (1) side or fifty (50) square feet in area on all sides for any one (1) premises; the sign may not exceed a height of twenty (20) feet, may not be located closer than twenty-five (25) feet to any side lot lines, and may not be located closer than seventy-five (75) feet to the ordinary high water mark of any navigable water body, unless subsection 20-1380(8) applies.

(e)

Sign designs should be compatible with the fundamental components, composition, and character of the buildings on which they are mounted.

(f)

No sign may be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, except as provided herein and except for normal maintenance and repair, and without being in conformity with the provisions of this article.

(g)

The following items are prohibited:

(1)

Beacons, streamers, pennants, pinwheels, strings of lights not permanently mounted to a rigid background, and inflatable signs and tethered balloons, except as may be allowed under subsections 20-1380 (12), (14), and (17) and section 20-1404.

(2)

Parking any vehicle, trailer, farm wagon, or equipment to be readable from a street right-of-way, that has attached thereto or located thereon any sign or advertising device for the purpose of providing advertisement of a product or directing people to a business or activity. This provision shall not prohibit signs attached to a vehicle, trailer, farm wagon, or equipment if the sign is incidental to the primary use of the vehicle, trailer, farm wagon, or equipment; nor shall this provision prohibit any official signs in the street right-of-way regulated by the federal, state, county, or local government.

(3)

Signs that revolve, are animated, or have moving parts, or signs that contain, include, or are illuminated by flashing lights, have a display that may appear to grow, melt, x-ray, inverse, twinkle, snow, or present pictorials or other animation, or are externally illuminated other than by white lights. This section shall not prohibit changeable copy signs and time and temperature signs with displays that are steady in nature and that are otherwise allowed an intermittent change of display as authorized under this article.

(4)

Signs that resemble, imitate, or approximate the shape, size, form, location, or color of railroad or traffic signs, signals, or devices.

(5)

Signs that interfere with the effectiveness of railroad or traffic signs, signals, or devices. Signs that obstruct or interfere with traffic visibility by blocking sight lines for streets, sidewalks, or driveways, or are lighted in such a way as to cause glare or impair driver visibility upon public ways.

(6)

Signs that are located in a vision corner or vision triangle unless in compliance with section 20-1086.

(7)

Signs that prevent free ingress to or egress from any door or window, or any other way required by the local building or fire codes.

(8)

Signs that contain characters, cartoons, statements, works or pictures of an obscene nature that are deemed to be obscene material as described in W.S.A., § 944.21(2)(c).

(Ord. No. 2004-190, 3-8-05; Ord. No. 2011-61, 11-8-11; Ord. No. 2013-40, 7-9-13)

Sec. 20-1358. - Existing signs.

(a)

Signs (including billboards) lawfully existing at the time of the adoption or amendment of this article may be continued, although the use, size, height, or location does not conform to the provisions of this article. However, they are deemed a nonconforming use or structure and the provisions of section 20-186 et seq. apply. Notwithstanding section 20-186 et seq., development services department staff is authorized to issue a zoning permit for conversion of an existing nonconforming sign from static to digital display, even if the costs of conversion exceed fifty (50) percent of the equalized assessed value, as long as the sign meets the requirements of this article, and does not otherwise become more nonconforming in its overall size, location or height. A conversion from static to digital display that increases the nonconformity of the overall size, location or height of an existing nonconforming sign will require approval via the site plan review process or a petition for a variance to the zoning board of adjustment.

(b)

Except as provided in subsection (a), a sign loses its legal nonconforming status if the overall size, design, structure, location or height of the sign is altered in any way that makes the sign less in compliance with requirements of this article than it was before alteration.

(c)

Notwithstanding subsection 20-1357(f), a zoning permit will be required for any structural alteration, addition, or repair to a legal nonconforming sign.

(Ord. No. 2004-190, 3-8-05; Ord. No. 2008-64, 9-16-08; Ord. No. 2020-110, 4-13-21)

Sec. 20-1359. - Obsolete signs.

Upon vacating a commercial, industrial, agricultural, or institutional establishment, obsolete signs must be removed within sixty (60) days, or for wall signs, may be painted out to match the building's exterior color, by the owner, agent, or person having the beneficial use of the property, building, or structure upon which such signs may be found.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1380. - Signs for which no permit is required—All zoning districts.

The following signs may be located in any zoning district without a permit and subject to the conditions herein specified:

(1)

Nameplates not over two (2) square feet in area, provided the same is limited to one (1) for each premises, tenant, or family and the same is located at least five (5) feet from the outer limits of the street right-of-way and lot lines (see subsection 20-1015(b)(3) for additional provisions regarding home occupation nameplates).

(2)

Real estate signs that advertise the sale, lease, or rental of the structure(s) and/or property upon which said signs are temporarily located are permitted on all properties advertised for sale, lease, or rent. Such real estate signs are not to exceed nine (9) square feet in area on one (1) side and eighteen (18) square feet in area on all sides in a residential ("R") district, or thirty-two (32) square feet in area on one (1) side and sixty-four (64) square feet in area on all sides in other districts. These signs shall be removed within thirty (30) days following sale, lease, or occupancy. Real estate signs may be located not closer than ten (10) feet to any street right-of-way, nor closer than ten (10) feet to a side or rear lot line, except where section 20-1357 supersedes this requirement. Only one (1) such sign is permitted per street frontage and no sign may exceed a height of twenty (20) feet.

(3)

Off-premises signs directing the public to governmental, cultural, religious, or charitable institutions not to exceed twelve (12) square feet in area on one (1) side and twenty-four square feet in area on all sides, providing such signs are located at least fifteen (15) feet from the outer limits of the street right-of-way or a side or rear lot line, and at least one hundred (100) feet from any street right-of way intersection. Each institution erecting such a sign is limited to three (3) in number, under this section. Such signs are limited to a maximum height of ten (10) feet.

(4)

Legal signs such as "No Hunting" and "No Trespassing" signs provided the sign does not encroach upon any street right-of-way and is not over two (2) square feet in area.

(5)

Names of federal, state, county, municipal, and historical buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(6)

Property address numbers assigned by the town and/or Racine County and of a design approved by the town, that are required to be placed on every principal structure or as designated by the town in clear view from the street on which the address is assigned.

(7)

Signs not readable beyond the boundaries of the lot or parcel upon which they are situated and not readable from any street right-of-way or which are intended solely for providing information to parties on-site.

(8)

Miscellaneous traffic and other official signs of any public or governmental agency, such as railroad crossing signs, trespassing signs, signs indicating danger, or signs used as aids to service or safety including water dependent informational signs with public health, safety or regulatory information that are no larger than necessary to accommodate the information that needs to be displayed.

(9)

Any identification or display of any official court or public office, notices thereof, or any flag, emblem, or insignia of a nation, federal, state, county, or other governmental unit or school.

(10)

Any sign that is located completely within an enclosed building and such sign is not readable from outside the building.

(11)

Tablets, grave markers, headstones, statuary, or monuments of persons or events that are noncommercial in nature.

(12)

Temporary signs, not over four (4) square feet in area and not more than five (5) feet in height, for events sponsored by non-profit organizations or for a non-profit charitable event. Such signs must be located at least five (5) feet from the outer limits of the street right-of-way and ten (10) feet from a side or rear lot line, and may be erected thirty (30) days prior to the event, and must be removed within three (3) days after the event.

(13)

Works of art with no commercial message.

(14)

Temporary holiday decorations or displays with no commercial message.

(15)

Signs on a truck, bus, trailer, or other vehicle incidental to the use of such vehicle while operated in the normal course of a business. See subsection 20-1357(g)(2).

(16)

Recreational, informational, and directional signs within a federal, state, or municipal park or cemetery, which are not readable from external streets.

(17)

Temporary political signs that promote a particular candidate or candidates for a particular election may be erected during an election campaign period if in compliance with subsections 20-1357(g)(3)—(7) and W.S.A., § 12.04. The person or organization responsible for the erection or distribution of any such signs, or the owner or owner's agent of the property upon which such signs may be located, shall be responsible for the proper erection or removal of said signs. Such signs are also subject to the conditions herein specified:

a.

Signs erected on residential property must be located behind the outer limits of the street right-of-way line.

b.

Signs not located on residential property shall not exceed sixteen (16) square feet in sign area on one (1) side and thirty-two (32) square feet in area on all sides. A maximum of four (4) such signs may be placed on a zoning lot. Such signs must be behind the outer limits of the street right-of-way and be more than fifty (50) feet from any street right-of-way intersection.

(18)

On-premises directional signs such as "Enter," "Exit," and "Do Not Enter" signs, when the principal purpose of the sign is traffic control, the sign does not exceed twelve (12) square feet in area on one side and twenty four (24) square feet on all sides, the sign height is five (5) feet or less, and the sign is set back at least ten (10) feet from any property line or outer limits of the street right-of-way line. The number of signs on one (1) premises shall be limited to the number necessary to safely direct traffic into the specific site.

(19)

Temporary private sale signs advertising occasional noncommercial sales of personal property such as "house sales," "garage sales," "rummage sales," and the like.

(20)

Construction signs erected on the premises where construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Such signs are subject to the dimensional and locational standards of subsection 20-1403(4) ground signs.

(Ord. No. 2004-190, 3-8-05; Ord. No. 2011-61, 11-8-11)

Sec. 20-1381. - Signs for which no permits are required—Agricultural, resource conservation, and park districts.

The following signs may be located in all agricultural, resource conservation, and park districts without a permit and subject to the conditions herein specified:

(1)

On-premises or off-premises recreational directory signs not to exceed two (2) in number, indicating the direction and/or distance to a specific cottage, resort, residence, or recreation facility that is located within an agricultural, resource conservation or park district, not to exceed twelve (12) square feet in display area on one (1) side and twenty-four (24) square feet on all sides, five (5) feet in height and no closer than ten (10) feet to any right-of-way or property line.

(2)

Signs over show windows or doors of a nonconforming business establishment not to exceed two (2) in number announcing, without display or elaboration, only the name and occupation of the proprietor and not to exceed a total of twenty (20) square feet in area for all signs, and twenty (20) feet in height.

(3)

Name, occupation, and warning signs not to exceed two (2) square feet located on the premises.

(4)

On-premises agricultural homestead signs, where the principal purpose of the sign is to identify the name and address of a farm operation and/or date of establishment, which may not exceed twenty-four (24) square feet in area on one (1) side and forty-eight (48) square feet in area on all sides, limited to one (1) sign for any one (1) farm, and such signs are located at least ten (10) feet from the outer limits of the street right-of-way or any property line, and such signs do not exceed ten (10) feet in height. Such signs may be exempt from the aforementioned height limit if painted upon the wall of an accessory structure. The size of such wall signs may exceed twenty-four (24) square feet if done in an aesthetically pleasing manner that is approved through a site plan review by the county economic development and land use planning committee.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1382. - Sign permit.

Notwithstanding section 20-81, a zoning permit application for a sign must be submitted to the county zoning administrator on forms provided by the zoning administrator. The zoning permit application must contain or have attached thereto at least the following information:

(1)

Applicant's name, address, and telephone number.

(2)

Location of building, structure, or lot to which or upon which the sign is to be located.

(3)

Name of person, firm, corporation, or association erecting the sign.

(4)

Written consent of the owner or lessee of the building, structure, or land to or upon which the sign is to be located. Owner or lessee's signature on the zoning permit application is considered written consent. The signature of an owner's representative or agent is acceptable provided a letter of agency is on file with Racine County.

(5)

A drawing of such sign indicating the materials to be used, the type of illumination, if any, and the method of construction and attachment. Said drawing must be drawn at a scale no smaller than one-tenth ( 1/10 ) inch equals one (1) foot or dimensions must be shown on the drawing.

(6)

A drawing indicating the location and position of such sign in relation to nearby buildings, structures, and lot lines. Said drawing must include the sign's height above finished yard grade. Said drawing must be at a scale no smaller than one (1) inch equals fifty (50) feet or dimensions must be shown on the drawing.

(7)

Signs requiring state or federal approval must provide a copy of such approval with the sign permit application.

(8)

Additional information as may be required by the zoning administrator, the economic development and land use planning committee, or the board of adjustment.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1401. - Billboards.

(a)

Billboards may be erected in all commercial and industrial districts with a permit and subject to the conditions specified in this section.

(b)

No billboard erected in the county shall be within twenty (20) feet of a side or rear lot line and fifty (50) feet of a street right-of way line, and all such billboards shall be set back at least one hundred (100) feet from any freeway or expressway. Such street setback shall be measured from the outer right-of-way line of the freeway complex including frontage roads regardless of jurisdiction.

(c)

Billboards designed, intended or located in a manner to be visible to the traveling public on a freeway or expressway shall be limited to seven hundred fifty (750) square feet in area including temporary cutouts or extensions but excluding ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of a billboard and may be double faced, V type or placed back to back.

(d)

Billboards designed, intended or located in such a manner as to be visible to the traveling public on a freeway or expressway shall be limited to forty (40) feet in height. Such height shall be measured from the mean centerline street grade of such freeway or expressway to which the billboard is oriented or ground level at the billboard location, whichever is higher.

(e)

Illuminated billboards shall be erected or maintained so that the beams or rays of light are effectively shielded so as not to cause glare or impair the vision of the driver of any motor vehicle and while changeable copy signs are allowed, they shall contain no flashing, intermittent or moving lights.

(f)

No billboard shall be erected within a two-thousand-foot radius of any other billboard or within two thousand (2,000) feet of any intersection, or within two thousand (2,000) feet of the property line of any airport, airfield or landing strip. In those instances where vision corners are a part of the right-of-way, the two-thousand-foot distance shall be measured from the intersection right-of-way lines as if the vision corner did not exist.

(g)

Billboards which are not designed, intended or located in a manner so as to be visible to the traveling public on freeways and expressways shall not exceed twenty (20) feet in height above mean centerline street grade and shall not exceed three hundred (300) square feet on one (1) nor six hundred (600) feet on all sides for any one (1) sign.

(h)

The owner of any billboard shall keep it in sound condition, well-maintained, and in good appearance and repair which includes restoring, repainting, or replacement of a worn or damaged legally existing billboard to its original condition, and shall maintain the premises on which the billboard is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, refuse, debris and weeds.

(i)

All billboards designed, intended or located in a manner to be visible to the traveling public on a freeway or expressway shall be erected on a single steel pole upright.

(j)

No off-premise changeable copy sign may be located within four hundred (400) feet of any "R-zoned" residential district from which the sign face is visible. The distance must be calculated as the shortest measurable distance between the nearest point of the sign to the edge of the residential zoning district, in a straight line and without regard to intervening structures.

(k)

Nuisance light on residential properties is prohibited. Spill light is considered a nuisance when measurement in the nearest habitable area of the residential property at the location where the alleged nuisance occurs reveals that such light produces 0.2 foot-candles or more measured perpendicular to the ground at approximately four (4) feet from the ground at which the measurement is taken.

(l)

The required light standard during daylight hours is five thousand (5,000) NITs (candelas per square meter), and five hundred (500) NITs (candelas per square meter) between dusk and dawn or the minimum standards set by the Federal Highway Administration, whichever is more restrictive.

(Ord. No. 2004-190, 3-8-05; Ord. No. 2008-64, 9-16-08)

Sec. 20-1402. - On-premises signs permitted in all residential districts with a permit.

The following signs may be located in any residential district and are subject to the conditions herein specified:

(1)

Single-family, two-family, and multi-family permanent residential development signs not to exceed forty-eight (48) square feet in area on one (1) side and ninety-six (96) square feet in area on all sides, that are located at entrances to subdivisions or developments or along abutting streets or highways, identifying residential complexes or displaying the property addresses. Said signs must be located on an outlot, permanent easement, or other common area and they must be located not closer than fifteen (15) feet to any street right-of-way, nor closer than ten (10) feet to any side or rear lot line. Said signs may also be located within a street center island, boulevard, or median strip with proper jurisdictional approval. Such signs may not exceed twelve (12) feet in height. No more than two (2) such signs are permitted for any one (1) subdivision or development.

(2)

Temporary development signs for the purpose of designating a new building or development or for promotion of a subdivision may be permitted for a period up to two (2) years, and extensions may be granted for a period not to exceed five (5) years total. Signs may not exceed forty-eight (48) square feet in area on one (1) side and ninety-six (96) square feet in area on all sides; may not exceed twelve (12) feet in height, and must be located not closer than fifteen (15) feet from any street right-of-way and seventy-five (75) feet from any street right-of-way intersection, nor closer than ten (10) feet to any side or rear lot line. Only one (1) such sign is permitted per street frontage.

(Ord. No. 2004-190, 3-8-05; Ord. No. 2011-61, 11-8-11)

Sec. 20-1403. - On-premises signs permitted in all business and industrial districts with a permit.

The following signs may be located in all business and industrial districts, except for adult establishments, subject to the conditions herein specified:

(1)

Wall signs placed against the exterior walls of buildings may not extend more than twelve (12) inches outside of a building's wall surface may not exceed thirty (30) feet in height, and may not extend above the roof line of a flat roof, or the eave line of a building with a gambrel, gable, dome, or hip roof or the deckline of a building with a mansard roof. Total area of all wall signs may not exceed five hundred (500) square feet in area for any one (1) premises; except that in multi-tenant shopping centers, the anchor tenant(s) may each have five hundred (500) square feet of allowable sign area and the total area of all individual wall signs for non-anchor businesses within such multi-tenant structures shall not exceed fifty (50) square feet per tenant. An anchor tenant is defined as the major store or stores within a shopping center exceeding forty thousand (40,000) square feet in total floor area.

(2)

Projecting signs fastened to, suspended from, or supported by structures may not extend more than six (6) feet from said structure; may not be less than ten (10) feet from all lot lines; may not exceed a height of twenty (20) feet; and the bottom of the sign may not be less than twelve (12) feet above the sidewalk or fifteen (15) feet above a driveway or an alley. Total area of all projecting signs may not exceed one hundred (100) square feet in area for any one (1) premises, regardless of the number of projecting signs on the site.

(3)

Marquee, awning, and canopy signs affixed flat to the surface of a marquee, awning, or canopy are permitted provided that the signs do not extend more than six (6) inches vertically or horizontally beyond the limits of such marquee, awning, or canopy. A marquee, awning, or canopy for a shopping center may not extend beyond a point one (1) foot back from the vertical plane formed by the curbline in the shopping center. No marquee, awning, or canopy may project into a required street yard, side yard, or rear yard, unless such structure already exists as an existing legal nonconforming structure or was approved by variance by the board of adjustment and such sign does not increase the dimensional nonconformity by more than six (6) inches. A name sign not exceeding two (2) square feet in area located immediately in front of the entrance to an establishment may be suspended from a marquee, awning, or canopy provided that the bottom of the name sign is at least twelve (12) feet above the sidewalk or fifteen (15) feet above a driveway or alley. Total area of all marquee, awning, or canopy signs may not exceed sixty (60) square feet in area for any one (1) premises, except that gas station canopies over gas islands may have an additional sixty (60) square feet in area for each additional canopy beyond the first one.

(4)

Ground signs may not exceed fifteen (15) feet in height and may not exceed one hundred (100) square feet on one (1) side or two hundred (200) square feet on all sides for any one (1) premises. Ground signs must be located not closer than fifteen (15) feet to a street right-of-way or closer than ten (10) feet to a side or rear lot line.

(5)

Pole signs may not exceed a height of twenty (20) feet; the bottom of the sign may not be less than six (6) feet above the lot grade; may not exceed two hundred (200) square feet on one (1) side or four hundred (400) square feet on all sides for any one (1) premises. Pole signs must be located not closer than twenty-five (25) feet from a street right-of-way or closer than twenty (20) feet to a side or rear lot line. The area of signs may be increased to a total of three hundred (300) square feet of one (1) side and six hundred (600) square feet on all sides if the sign is within one hundred (100) feet of the right-of-way of an interstate freeway and is designed and located to be read from the interstate freeway. One (1) pole sign within one hundred (100) feet of the right-of-way of an Interstate freeway may be up to thirty-five (35) feet in height.

(6)

Roof signs may not exceed ten (10) feet in height above the roof; may not extend horizontally beyond the wall of the roof to which they are attached; may not exceed height requirements for the district in which they are located; and may not exceed three hundred (300) square feet in area on all sides for any one (1) premises.

(7)

Time and/or temperature devices and/or changeable copy signs may be erected as wall signs, projecting signs, ground signs, canopy signs, or pole signs and must meet the requirements attendant to those sign types. Notwithstanding the provisions of section 20-1357(g)(3), time and/or temperature devices may change their copy not more than once every four (4) seconds.

(8)

Window signs, except for painted signs and decals, that may be placed on the outside of the glass, may be placed only on the inside of buildings and only in first floor windows/doors. No permit is required for window signs that are not readable from the street right-of-way. The total area of all window signs requiring a permit shall not cover more than twenty (20) percent of the total window area or door window area to which they are applied, or one hundred (100) square feet, whichever is less.

(9)

Signs on any one (1) site are further limited as follows:

a.

Shopping centers and multi-tenant buildings may provide one (1) ground or pole sign for each street frontage. Such facilities may also provide one (1) wall sign or one (1) sign for each business in the building.

b.

Gasoline stations, service stations, convenience stores with pumps, or any combination thereof may provide one (1) ground sign and one (1) additional pole or ground sign. Wall signs and canopy signs may also be provided subject to total square footage limitations. Signs advertising incidental products for sale that are window signs or located on the gasoline pumps, and are not readable from the street right-of-way, will not require permits or be regulated in number.

c.

For all other uses, total signs are limited to one (1) ground or pole sign and two (2) other signs per street-view frontage.

d.

For subsections (9)(a), (b), and (c) above, window signs are not subject to the limitation on number of signs. However, such signs may not occupy more than twenty (20) percent of the total window area or one hundred (100) square feet, whichever is less.

e.

The total of all signs that require permits that are erected or placed on any one (1) premises may not exceed twelve hundred (1,200) square feet in total display area, except for multi-tenant shopping centers, which will be allowed an additional five hundred (500) square feet of display area for each anchor store beyond the first one, under subsection (1) above.

f.

As an alternative to limitations in subsections (1), (2), (3), (4), and (5) above, the parcel owner may submit a master sign plan to the county economic development and land use planning committee for review and approval. This master sign plan must indicate the type, construction, location, size and height of each proposed sign on the site. Approval of the master sign plan is required before issuance of the permit for the proposed sign on the property. After approval of a master sign plan, no sign shall be erected, placed, altered, moved, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this chapter. In cases of any conflict between the provision of such a plan and any other provisions of this chapter, the chapter shall control.

(10)

Any sign authorized in this chapter is allowed to contain non-commercial copy in lieu of any other copy.

(Ord. No. 2004-190, 3-8-05; Ord. No. 2011-61, 11-8-11)

Sec. 20-1404. - On premises temporary signs with a permit.

(a)

A permit is required for temporary signs, including portable signs and banners, and such signs must conform to all regulations of this section. These provisions do not apply to subsections 20-1380(12), (14) and (19), section 20-1402(2), and subsection 20-1407(a).

(b)

Such signs for on-premises advertising purposes are allowed in any business or industrial district provided that such signs will not be located closer than fifteen (15) feet to any street right-of-way, will not be located closer than ten (10) feet to an adjacent property line, will not exceed twenty (20) feet in height {six (6) feet for a portable sign}, will not cause a hazard to traffic or adjoining properties, will not exceed thirty-two (32) square feet in area on one (1) side nor sixty-four (64) square feet in area on all sides for any one (1) premises.

(c)

Such signs for events sponsored by non-profit organizations or for a non-profit charitable event may be permitted in any district. The permit application must specify the time that the non-profit organization's sign(s) may be in place. The requirements of subsection (b) above apply.

(d)

The application for a temporary sign permit must state who is responsible for the removal of the sign and must include that person's address and telephone number. Such permit authorizing any temporary sign may not exceed thirty (30) days in a calendar year and the sign may not remain more than three (3) days after the expiration of the permit. Only one (1) such permit may be issued per premises per year.

(e)

The above provisions do not apply to adult establishments.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1405. - On premises signs permitted in park and resource conservation districts with a permit.

(a)

Public and private institutional and park name signs shall be permitted in the P-1, P-2, C-1, and C-2 districts with a permit. Such signs may be erected as wall signs, projecting signs, ground signs, or pole signs and shall meet the requirements under section 20-1403.

(b)

Cluster residential developments in the C-2 district may have permanent residential development signs pursuant to the provisions of subsection 20-1402(1).

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1406. - Institutional signs with a permit.

Institutional signs in any zoning district, except for signs in zoning districts regulated by section 20-1405, for all private and public institutions having governmental, educational, religious, or social purpose, including state-licensed community based residential facilities, must be located on the same premises as the institution and may be displayed after obtaining a zoning permit, subject to the following restrictions:

(1)

Projecting signs may not project further than four (4) feet into any required yard, except that no such projection is allowed into the shore yard. Roof, wall, or projecting signs may not exceed thirty-two (32) square feet in area for one (1) side and sixty-four (64) square feet in area on all sides, may not exceed the height requirement of the district, and the number of signs may not exceed two (2) signs per street frontage.

(2)

Ground signs must be located not less than fifteen (15) feet from the street right-of-way line, nor closer to the rear or side yard line than ten (10) feet. Such institutional ground signs may not at any point exceed fifteen (15) feet in height. The area of such sign may not exceed sixty-four (64) square feet on one (1) side and one hundred twenty-eight (128) square feet in area on all sides. The number of signs may not exceed two (2) signs per street frontage.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1407. - Agricultural signs with a permit.

(a)

Temporary, non-illuminated, off-premises agricultural directional signs not to exceed four (4) in number, indicating the direction and/or distance to an agricultural roadside stand, not to exceed twelve (12) square feet in display area on one side and twenty-four (24) square feet in area on all sides, a maximum of five (5) feet in height, at least ten (10) feet from the outer limits of the street right-of-way and five (5) feet to any other property line. Such signs must be removed within ten (10) days of discontinuing operation of a roadside stand. Provided the sign(s) are relocated per the issued permit and the permit holder remains the same, the issued permit continues to be valid for successive years.

(b)

Agricultural signs pertaining to the sale of products actually grown on the farm or in connection with a roadside stand not to exceed thirty-two (32) square feet in area on one (1) side and sixty-four (64) square feet on all sides for no more than two (2) signs on any one (1) farm, such signs are located at least ten (10) feet from the outer limits of the street right-of-way or any property line, such signs do not exceed fifteen (15) feet in height, and such signs are located on the same premises as the products for sale.

(c)

Signs for agricultural businesses approved by conditional use shall be treated as commercial/industrial signs pursuant to section 20-1403 and are also allowed in agriculturally zoned districts.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1408. - Construction and maintenance standards.

(a)

All signs allowed under section 20-1401 through section 20-1407 and subsections 20-1381(1) and (4) must be designed and constructed to withstand wind pressure of not less than forty (40) pounds per square foot of area and must be constructed to receive dead loads as required by the town.

(b)

The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted subject to the approval of the jurisdictional authority, provided that the space occupied is roped off, fenced off, or otherwise isolated as directed by said authority.

(c)

Subject to the provisions of section 20-1358, the owner of any sign must keep it in good maintenance and repair which includes restoring, repainting, or replacing a worn or damaged sign to its original condition; and must maintain the immediate premises on which the sign is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.

(d)

No sign or any part thereof or sign anchor, brace, or guide rod may be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe and no such sign or any part of any such sign or any anchor, brace, or guide rod may be erected, put up, relocated, or maintained so as to hinder or prevent ingress or egress through such door, doorway, fire escape, window, or opening designated by the local fire department, or so as to hinder or prevent the raising or placing of ladders against such building by the local fire department as necessity may require.

(e)

Upon request of the zoning administrator, it is the responsibility of the applicant to establish by competent evidence that the sign meets any above stated standard or requirement.

(Ord. No. 2004-190, 3-8-05)

Sec. 20-1409. - Measuring signs.

(a)

In calculating the area of a sign to determine whether it meets the requirements of this article, the zoning administrator must include the sign copy and any border or frame surrounding that copy. Customary supporting members of a sign will be excluded from the area calculation. The area of irregularly-shaped signs or of signs containing two (2) or more detached elements will be determined by the area of the smallest circle, square, triangle, rectangle, or combination thereof, that will encompass all elements of the sign. Where individual letters, words, emblems, symbols, etc. are affixed to a building, a rectangle around the entire phrase or sentence will be measured to compute sign area. Where the sign background is made a different color from the building such as by painting, the area of different color will be measured. Back-to-back, side-by-side, bottom-on-top, and V-shaped signs constitute one (1) sign within the meaning of this article.

(b)

The sign height shall be computed as the distance from the base of the sign or structure to which it is attached at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

(1)

Existing grade prior to construction; or

(2)

The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of elevating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a street or the grade of the principal pedestrian entrance to the principal structure on the site, whichever is lower.

(c)

For ground signs, the structural elements and artistic elements without any advertising language or identification on them shall not exceed one hundred (100) square feet in area for each sign face and are excluded from the square footage calculation for the ground sign. Such structural and artistic elements may exceed one hundred (100) square feet if approved through a site plan review by the county economic development and land use planning committee. Alternatively, such elements in excess of one hundred (100) square feet may be included as part of the total base of such ground signs, thereby reducing the available area.

(d)

Spherical, free-form, sculptural, or other non-planar sign area is fifty (50) percent of the sum of the areas using only the four (4) vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. Signs with more than four (4) faces are prohibited.

(Ord. No. 2004-190, 3-8-05)