Whiteville City Zoning Code

REGULATIONS FOR

SIGNS AND BILLBOARDS

§ 155.125 INTENT; PURPOSE.

It is the purpose of this subchapter to permit signs of a commercial, industrial and residential nature in districts which have uses with appropriate need for signs and to regulate the size and placement of signs intended to be seen from a public right-of-way.

(2009 Code, § 155.140) (Ord. passed 10-27-1992)

§ 155.126 GENERAL PROVISIONS.

All signs within the jurisdictional area shall be covered by these regulations and shall be erected, constructed and maintained in accordance with the provisions of this chapter, the North Carolina State Building Code and the National Electric Code. Only those signs that are specified shall be created within the jurisdictional areas of this chapter.

(2009 Code, § 155.141) (Ord. passed 10-27-1992)

§ 155.127 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SIGN. Any device or structure maintained or used in the nature of an advertisement or announcement of direction, and which is attached flat against the exterior walls of a building or which projects in, on or over a sidewalk, street or public property of the city. Signs or banners erected for a limited period of time for special occasions and under the specific authority of the City Manager, and any signs painted directly upon the hanging border of any awning or metal canopy constructed and maintained in the manner provided by this subchapter shall not be considered to be within the definition or regulations of this subchapter.

(2009 Code, § 98.10)

§ 155.128 TRAFFIC SAFETY.

No sign shall be erected or continued that:

(A) Obstructs the sight distance at intersections or along a public right-of-way;

(B) Would tend by its location, color or nature, to be confused with or obstruct the view of traffic signs or signals, or would be confused with a flashing light of an emergency vehicle; or

(C) Which might be confused with traffic directional signals and signs such as “stop”, “go”, “slow”, “danger” and the like.

(2009 Code, § 155.142) (Ord. passed 10-27-1992) Penalty, see § 155.999

§ 155.129 MAINTENANCE.

Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Planning Director or his or her designee shall order that the sign be made safe or removed. A period of ten days following receipt of the order by the person, firm or corporation owning or using the sign shall be allowed for compliance.

(2009 Code, § 155.143) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.130 CONSTRUCTION PROHIBITED.

No sign shall be attached to or painted on any telephone pole, light pole, telegraph pole or other human- made objects not intended to support a sign or any tree, rock or other natural objects.

(2009 Code, § 155.144) (Ord. passed 10-27-1992) Penalty, see § 155.999

§ 155.131 ILLUMINATION.

Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays of illumination from being cast upon neighboring buildings and/or vehicles approaching from either direction.

(2009 Code, § 155.145) (Ord. passed 10-27-1992)

§ 155.132 NONCONFORMING SIGNS.

All signs or advertising structures located in districts where they would not be permitted as a new use under the terms of these regulations are hereby declared to be nonconforming uses. Nonconforming signs shall be removed within three years of the adoption of this chapter. However, signs that are nonconforming as a result of improper illumination shall be made to conform to the requirements of this chapter within one year.

(2009 Code, § 155.146) (Ord. passed 10-27-1992)

§ 155.133 EXCLUSION.

Signs listed below are excluded from these regulations:

(A) Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises or other identification of premises not having commercial connotations;

(B) Flags and insignias of any government displayed in connection with commercial promotion;

(D) Integral, decorative or architectural features of buildings, except letters, trademarks, moving lights or moving parts; and

(E) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(F) Fence wraps displaying signage when affixed to perimeter fencing at a construction site are exempt from zoning regulation pertaining to signage under this chapter until the certificate of occupancy is issued for the final portion of any construction at that site or 24 months from the time the fence wrap was installed, whichever is shorter.

(2009 Code, § 155.147) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.134 ADMINISTRATION.

The Planning Director or his or her designee shall issue a permit for the erection of construction only for a sign which meets the requirements of this chapter.

(2009 Code, § 155.148) (Ord. 2021-Z-19, passed 6-22-2021)

§ 155.135 FILING PROCEDURE.

(A) Applications for permits to erect, hang, place, paint or alter the structure of a sign shall be submitted on forms obtainable from the Planning Director or his or her designee.

(B) Each application shall be accompanied by a plan showing the following:

(1) Area of the sign;

(2) Size, character, general layout and designs proposed for painted displays;

(3) The method and type of illumination, if any;

(4) The location proposed for the signs in relation to property lines, zoning district boundaries, right-of-way lines and existing signs;

(5) If conditions warrant it, the Planning Director or his or her designee may require the additional information as will enable him or her to determine if the sign is to be erected in conformance with the requirements of this chapter; and

(6) Payment of fee to obtain building permit.

(2009 Code, § 155.149) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.136 ACCESSORY SIGNS WHICH DO NOT REQUIRE A PERMIT.

The following accessory signs may be erected, hung or placed without a permit from the Planning Director or his or her designee but shall not be illuminated unless otherwise specified.

(A) Temporary real estate sign. One temporary real estate sign not exceeding ten square feet in area shall be permitted per residential lot. One temporary real estate sign not exceeding 32 square feet in area shall be permitted, for commercial or industrial property, and/or for tracts of land five acres or more in area. Where the property on which the sign is to be placed faces more than one street, one sign shall be allowed on each street frontage.

(B) Temporary construction sign. One temporary construction site sign not exceeding 32 square feet erected on the site during the period of construction to announce the name of the owner or developer, contractor, architect, land planner, landscape architect, engineer and/or mortgage banker.

(C) Direction or information sign. Direction or information signs of a public or quasi-public nature shall not exceed 32 square feet in area. The signs shall only be used for the purpose of stating or calling attention to:

(1) The name or location of the city, hospital, community center, public or private school, church, synagogue or other place of worship; this type sign may be illuminated;

(2) The name of a place of meeting of an official or civic body or fraternal organization; this type sign may be illuminated;

(3) An event of public interest such as public hearing, rezoning announcement, general election, church or public meeting, local or county fair and other similar community activities and campaigns;

(4) Soil conservation, 4-H and similar projects;

(5) Zoning and subdivision jurisdiction boundaries; and

(6) Name of a subdivision or other building project (sign may include name of project, real estate agency, architect, engineer, mortgage banker and the like).

(2009 Code, § 155.150) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.137 SETBACK REQUIREMENTS.

Signs which do not require a permit shall be set back at least ten feet from any public right-of-way line or property line and shall be set back at least 50 feet from any road intersection.

(2009 Code, § 155.151) (Ord. passed 10-27-1992)

§ 155.138 SIGNS WHICH REQUIRE A PERMIT.

No sign except those listed in § 155.136 shall be erected, hung or structurally altered without a permit from the Planning Director or his or her designee. The following signs shall be erected, hung, placed or structurally altered only after a permit has been issued by the Planning Director or his or her designee and the minimum requirements for the signs are met.

(2009 Code, § 155.152) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.139 BUSINESS IDENTIFICATION SIGNS.

(A) Business identification signs are permitted in all zoning districts with the exception of RA-20, R-20, R-12, R-6, R-6-MHP, R-6MF and O-S.

(B) Each business identification sign shall require a permit.

(D) Business identification signs shall be set back at least ten feet from any right-of-way line or property line and shall not obstruct the vision of a street intersection for a distance of 50 feet from the right-of-way of the intersection.

(E) No business identification sign shall be permitted that exceeds 300 square feet of sign area.

(F) No business identification sign shall exceed 40 feet in height measured from the finished grade of the lot to the top of the sign structure.

(G) The combined total sign area of all business identification signs on the premises shall not exceed 700 square feet or six square feet of sign area per linear foot of street frontage in single ownership, whichever is less.

(2009 Code, § 155.153) (Ord. passed 10-27-1992; Ord. passed 2-26-1996) Penalty, see § 155.999

§ 155.140 ELECTRONIC BUSINESS/RELIGIOUS INSTITUTION IDENTIFICATION SIGN.

(A) Electronic business identification signs are permitted in the B-3 Zoning District as a use by right and in the B-1, O&I, B-2, I-1, and I-2 Zoning Districts as a special use. Electronic religious institution signs are permitted in the RA-20 Zoning District with standards and must meet any and all regulations discussed in § 155.140. The RA-20 Zoning District must also be located in the Extra Territorial Jurisdiction (ETJ).

(B) Only one electronic business/religious institution identification sign shall be permitted per property/premises unless permitted as a special use per § 155.066.

(D) Electronic business/religious institution identification signs shall be set back at least ten feet from any right-of-way line or property line and shall not obstruct the vision of a street intersection for a distance of 50 feet from the right-of-way of the intersection.

(E) No business/religious institution identification sign shall be permitted that exceeds 30 square feet of sign area unless permitted as a special use per § 155.066.

(F) No business/religious institution identification sign shall exceed 40 feet in height measured from the finished grade of the lot to the top of the sign structure.

(G) Message/display regulations in the B-3 and RA-20 Zoning Districts.

(1) Text messages may only contain text, letters, numbers and/or characters.

(2) Text messages must be displayed on a solid background, with the background being a darker color than the text.

(3) No neon or high intensity colors may be used as a background.

(4) Graphics displays may be used if they are a static image/picture and are not animated in any way.

(5) Messages/displays that change are regulated as follows:

(a) Messages/displays may not change more frequently than once every ten seconds.

(b) Messages/displays must change instantaneously.

(H) Illumination in the B-3 and RA-20 Zoning Districts.

(1) The electronic business/religious institution identification sign shall not exceed 5000 nits from sunrise to sunset and it shall not exceed 500 nits from sunset to sunrise.

(2) The electronic business/religious institution identification sign shall be equipped with a sensor or other device that automatically determines ambient illumination and programmed to automatically dim according to the requirements of division (H)(1) above.

(3) Before a sign permit is issued, the sign company shall certify the illumination specifications for the proposed sign.

(I) Other conditions.

(1) Electronic business/religious institution identification signs shall have a mechanism to turn it off if a malfunction occurs.

(2) The displaying of videos is prohibited.

(3) No audio speakers or any form of pyrotechnics shall be permitted.

(4) See also § 155.066 regarding conditions in B-1, O&I, B-2, I-1 and I-2 Zoning Districts.

(Ord. 2013-7-23-23, passed 7-23-2013; Ord. 2014-4-8-28, passed 4-8-2014; Ord. 2018-O-58, passed 1-9-2018; Ord. 2018-Z-3, passed 3-13-2018; Ord. 2021-Z-19, passed 6-22-2021; Ord. 2024-O-95, passed 7-9-2024)

§ 155.141 OUTDOOR ADVERTISING SIGNS.

(A) Outdoor advertising signs shall be permitted with a special use in B-3, I-1 and I-2 Zoning Districts.

(B) Each outdoor advertising sign shall require a permit.

(C) An outdoor advertising sign may be illuminated. Mechanical, digital, electronic, or flashing components shall comply with the following regulations:

(1) Copy or display area shall only be changed to include any new or different copy, color, intensity or graphic representation, more than one time in an eight second period.

(2) Each allowed change of sign copy or display area shall be completed by one continuous action or movement and the total duration of such action or movement shall not exceed five total and continuous seconds.

(3) Sign(s) shall not imitate any traffic-control sign or device or be located or utilized in any manner which may confuse or distract the motoring public.

(4) Video display and audio speakers are not permitted.

(D) An outdoor advertising sign shall not exceed 300 square feet in copy area. Outdoor advertising signs shall be permitted to have two copy or display areas located on opposite sides and shall be calculated separately. Double facing and/or side by side outdoor advertising signs are not permitted.

(E) Where outdoor advertising signs are freestanding, uprights shall be spaced no more than 12 feet on centers. The minimum clear distance between the ground level and the bottom of the trim shall be ten feet.

(F) No outdoor advertising sign shall be located within 100 feet of any residential structure or zoning designation, or 50 feet from any permanent nonresidential structure, and all outdoor advertising signs shall be set back at least 20 feet from any right-of-way line or property line. All outdoor advertising signs shall be 50 feet from a right-of-way intersection.

(G) No outdoor advertising sign shall exceed 50 feet in height measured from the finished grade of the lot to the top of the sign structure. Roof top outdoor advertising sign shall not exceed 50 feet in height measured from the finished grade of the lot to the top of the sign structure.

(H) The minimum distance between outdoor advertising signs shall be 500 feet.

(I) The backs of all outdoor advertising signs (except double facing signs) shall be painted in a neutral color to blend with the surrounding area and to prevent the reflection of car lights and sunlight.

(J) The immediate premises of any approved outdoor advertising sign permitted after June 12, 2018 shall be landscaped and kept free from debris or undergrowth. A landscape plan must be submitted and shall consist of ground cover, shrubs, trees, or other permanent vegetation that will effectively screen the sign’s base.

(2009 Code, § 155.154) (Ord. passed 10-27-1992; Ord. passed 10-26-2004; Ord. 2018-Z-4, passed 6-12-2018; Ord. 2021-Z-19, passed 6-22-2021; Ord. 2023-O-92, passed 9-26-2023)

§ 155.142 PROJECTING SIGNS AND DEVICES.

(A) Projecting signs shall not be permitted in the B-1 District.

(B) Projecting signs, outdoor advertising signs and similar overhanging devices, where they are permitted, shall be at least ten feet above the finished grade of any sidewalk or other walkway. Signs attached to the underside of a canopy shall be least nine feet above the finished grade of any sidewalk or other walkway. No sign shall extend closer than two feet to a vertical plane at any street curbline. Signs and canopies which extend into service street and alley rights-of-way shall not interfere with passage of motor carriers using the service entrances to the rear and side of commercial establishments adjacent to the rights-of-way.

(C) Projecting signs, where permitted to project over a public street or sidewalk right-of-way, shall remain only at the sufferance of the city, and shall be removed within five days of formal notification by the City Planning Director, or his or her authorized agents, of any conditions necessitating removal.

(D) Signs affixed flat against the walls of buildings or vertical surfaces of canopies and not more than 12 inches in thickness shall not be deemed a projecting sign. Business identification signs mounted on the parapet or on the roof line and not projecting more than 12 inches beyond the building face shall not be deemed a projecting sign. The thickness of the non-projecting signs shall not be used in measuring setbacks. In no case shall the signs covered in this section extend closer than two feet to a vertical plane at any street curbline.

(2009 Code, § 155.155) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999

§ 155.143 REMOVAL OF VACATED BUSINESS IDENTIFICATION SIGNS.

All business identification signs shall be removed within eight weeks by the owner of the premises after the premises has been vacated by the business identified by the sign.

(2009 Code, § 155.156) (Ord. passed 10-27-1992) Penalty, see § 155.999

§ 155.144 MARQUEES AND CANOPIES.

(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

MARQUEE. Any device or structure maintained or used as a canopy or sidewalk cover projecting from the side of any building over any public sidewalk, street or alley in the city.

(2009 Code, § 98.35)

(B) Permit required; compliance with chapter. No person shall construct, erect, install, maintain or use any marquee or canopy of any material whatever over any street, alley, sidewalk or other public way or place in the city without first having obtained and paid for and having in force and effect therefore a permit from the City Manager as provided herein, or without complying with all of the provisions of this section applicable thereto.

(2009 Code, § 98.36)

(C) Application for permit. Each application for a permit to erect a marquee or canopy shall be made in writing and shall contain the following information:

(1) Location of the building or structure to which the marquee or canopy is to be attached and the position thereof on the building or structure;

(2) The material to be used and the manner of construction;

(3) The written consent of the owner of the building, if the application is made by other than the owner; and

(4) A sufficient covenant by the applicant and the owner of the building to save the city harmless against liability on account of damage to or injury to any person or property on account of the construction, erection, installation, maintenance or use of the marquee or canopy.

(2009 Code, § 98.37)

(D) Liability insurance required. No permit shall be issued under this section until the applicant has filed with the city’s inspection office. The city’s inspection office may required proof of liability insurance, surety bond and/or worker’s compensation insurance at its discretion, before a permit being issued. The policy or bond shall carry an endorsement protecting the city as its interests may appear as the result of any accident or injury for which it might become in any manner liable. In the event the insurance or bond should be terminated for any reason, or the holder of any permit shall fail to keep the insurance or bond in force at any time, then the permit for the maintenance of the marquee or canopy shall automatically terminate and the marquee or canopy shall be forthwith removed. If not removed by the holder of the permit after 15 days’ written notice, then the marquee or canopy shall be removed or caused to be removed by the City Manager, and the expense thereof shall be recovered from the holder of the permit.

(2009 Code, § 98.38)

(E) Liability for erection. No person shall construct, erect, install, maintain or use any marquee or canopy located as stated in division (B) above unless it is constructed, erected, installed, maintained and used so that it shall not be a hazard to persons or property lawfully and prudently using, occupying or located on the streets, alleys, sidewalks or other public ways or places. Any person permitting any marquee or canopy to be erected on or attached to his or her building or other property, or causing the marquee or canopy to be constructed, erected, installed, maintained or used in any way, shall save the city harmless against any suit, action, claim, demand or liability, based on, connected with or arising out of, in any way, the construction, erection, installation, maintenance or use of the marquee or canopy. The action of any person in constructing, erecting, installing, maintaining or using a marquee or canopy or in permitting any other person to attach it to or to locate it on his or her building or other property in, on or over any public street, alley, sidewalk or other public way or place, whether with or without a permit from the city, shall constitute an acceptance of and consent to the provisions of this section.

(2009 Code, § 98.41)

(F) Specifications; attachment to buildings.

(1) All marquees shall be constructed in accordance with all applicable state building codes.

(2) The lowest point of any marquee support or appurtenance which extends over any street, alley, sidewalk or other public place shall be at least nine feet above any place used by pedestrians and not less than 15 feet above any place used for vehicles. The marquee shall not extend over any one sidewalk, measured from the building or be attached so as to obstruct any window, door, fire escape, stairway, ladder or any means of ingress to or egress from any building, nor shall any marquee be placed closer than five feet to any adjacent property. Refer to North Carolina Building Code, Ch. 32.

(2009 Code, § 98.42)

(G) Inspections; corrective actions. It shall be the duty of the City Manager to cause to be inspected at regular intervals every marquee or metal canopy which extends over any sidewalk, street, alley or other public way in the city. If the marquee or canopy is found to be insecurely fastened or otherwise dangerous, or in any way conflicts with the provisions of this subchapter, he or she shall report this fact to the owner of the building or to the occupant of the premises on which it is fastened. If the marquee or metal canopy is not made to comply within 30 days after notice, it may be removed or altered to comply, at the expense of the property owner.

(2009 Code, § 98.43)

(H) City’s right to remove. The city reserves the right to cause any marquee or canopy to be removed at the expense of the owner of the property to which it is attached, whenever the Planning Director or his or her designee determines that this action is necessary. Should any such marquee or canopy not be removed by the property owner, the City Manager shall cause it to be removed and the cost of removal shall be charged to the property as a special assessment.

(2009 Code, § 98.44)

(I) City’s disclaimer of liability. The acceptance of fees, issuance of a permit as provided in this section, shall not be deemed as assumption of liability by the city. The owner of any building or structure upon which a marquee or canopy is attached shall be liable for any actionable damages or injuries that may be caused to persons or property thereby.

(2009 Code, § 98.45) (Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999

§ 155.145 SIGN POSTING; PERMISSION REQUIRED.

(A) It shall be unlawful for any person to affix to any pole, fence, wall or other structure, or on a street sign marking the streets and intersections and the poles supporting the street signs within the city and poster, placard, sign, either directional or informational, or similar object, without having obtained permission so to do from the owner or person having charge of the pole, fence, wall, street sign or other structure; and in the case of street signs and poles supporting the signs and property belonging or rented to the city, the City Council shall be deemed to be the person having charge thereof.

(B) The prohibitions of this section shall be construed to include the hanging of banners over or across streets, sidewalks and other public places within the city, and the placing of any objects or signs upon the street signs and poles supporting them and any other public sign, either directional or informational, but shall not be construed to include the posting of proclamations and notices pursuant to any federal or state law or any provision of this subchapter or any ordinance.

(2009 Code, § 98.01) (Ord. passed 6-13-1978) Penalty, see § 155.999

§ 155.146 PERMIT; COMPLIANCE WITH SUBCHAPTER.

No person shall construct, erect, install, maintain or use any sign, signboard or other advertising device over any street, alley, sidewalk or other public way or place in the city without first having obtained and paid for and having in force and effect, therefore, a permit from the City Manager as provided herein, or without complying with all of the provisions of this subchapter and all other provisions of this code or other applicable ordinances.

(2009 Code, § 98.11) Penalty, see § 155.999

§ 155.147 APPLICATION FOR PERMIT.

(A) Each application for a sign permit shall be made in writing to the City Manager and shall contain the following information, plus any additional information reasonably required by the City Manager.

(1) The location of the building or structure to which the sign is to be attached, and the position of the sign.

(2) The material to be used and the manner of construction.

(3) The written consent of the owner of the building, if the application is made by other than the owner; and

(4) A sufficient covenant to save the city harmless against liability on account of damage or injury to any person or property on account of the erection, installation or maintenance of the sign.

(B) If the sign is to be of an area greater than 15 square feet or is to be hung or placed at a right angle or other angle to the walls or roof of the building, or is to be hung detached from the building, the application shall be accompanied by a scale drawing, showing the fact, elevation of the sign, the size and shape thereof and the manner of attachment to the buildings, and also by detailed cross- sections showing the manner of construction, the size and weight of all framing material, the thickness and weight of covering plates, if any and a specification of the manner of wiring and insulation of an electric sign.

(C) Each application shall be in the form required by the City Manager. The filing of an application shall be deemed a consent by the applicant to the provisions of this subchapter, including the right of the city to charge back to the applicant the expense of renewing or altering signs as specified in this subchapter.

(2009 Code, § 98.12)

§ 155.148 LIABILITY INSURANCE.

No sign permit shall be issued until the applicant has filed with the City Clerk a public liability insurance policy or surety bond approved by the City Attorney in a company duly licensed to transact business in the state, for a principal sum of not less than $10,000 liability to any one person or $20,000 liability on account of any one accident. The policy or bond shall be written in accordance with standard form currently in general use, and a duplicate thereof deposited with the City Clerk. The policy or bond shall further carry an endorsement protecting the city, as its interest may appear, as the result of any accident or injury for which it might become liable in any manner. In the event the insurance or bond should be terminated for any reason, or that the holder of any permit shall fail to keep the insurance or bond in force at any time, then the permit for the maintenance of the sign shall automatically terminate and the sign shall be forthwith removed. If the sign is not removed by the holder of the permit after five days’ written notice then it shall be removed, or caused to be removed, by the City Manager, and the expense thereof shall be recovered from the holder of the permit.

(2009 Code, § 98.13)

§ 155.149 ANNUAL PERMIT FEE; EXPIRATION DATE.

The annual fee for a sign permit shall be $2 for a sign less than 15 square feet in area, and $5 for all other signs. Each permit shall expire on December 31 of each year.

(2009 Code, § 98.14)

§ 155.150 EXEMPTIONS FROM PERMIT FEES AND INSURANCE REQUIREMENTS.

One sign not to exceed three square feet in area may be permitted for each parcel of property without the payment of the permit fee and without the insurance or bond otherwise required by this subchapter, but a permit shall be required.

(2009 Code, § 98.15)

§ 155.151 ISSUANCE OF PERMIT.

When the City Manager has determined that a proposed sign for which a permit has been applied for complies with the provisions of this subchapter and is not otherwise a menace to public safety, he or she shall issue a permit, upon presentation of the insurance or surety bond required by § 155.148 together with a receipt showing that the required permit fee has been paid.

(2009 Code, § 98.16)

§ 155.152 APPLICATION FOR RENEWAL OF PERMIT.

Each application for the renewal of a sign permit shall be made upon a form provided by the City Manager, which shall contain a save-harmless covenant similar to the covenant required for an original application.

(2009 Code, § 98.17)

§ 155.153 LIABILITY FOR ERECTION.

No person shall construct, erect, install, maintain or use any sign, signboard or other type of advertising device located as stated in § 155.146, unless it is constructed, erected, installed, maintained and used so that it shall not be a hazard to persons or property lawfully and prudently using, occupying or located on the public streets, alleys, sidewalks or other public ways or places. Any person permitting any sign, signboard or other advertising device to be erected on or attached to his or her building, pole, post or other property, or causing any device to be constructed, erected, installed, maintained or used in any way, shall save the city harmless against any suit, action, claim, demand or liability, based on, connected with or arising out of, in any way, the construction, erection, installation, maintenance or use of the sign, signboard or other advertising device. The action of any person in constructing, erecting, installing, maintaining or using the sign, signboard or device or in permitting any other person to attach the device to or locate it on his or her building, pole, post or other property, in, on or over any public street, alley, sidewalk or other public way or place, whether with or without a permit from the city, shall constitute an acceptance of and consent to the provisions of this section and of all other portions of this subchapter.

(2009 Code, § 98.18) Penalty, see § 155.999

§ 155.154 MATERIALS TO BE USED.

All signs shall be constructed of galvanized iron, copper, brass, glass or other non-corrosive, incombustible material. All signs, if placed at a right or other angle to the wall or roof of any building, shall be attached by non-corrosive metal bolts, anchors, cables or other metal attachments which shall ensure permanent and safe construction, and shall be maintained free from rust or other defects. Every means or device used for attaching any sign shall extend through the wall or roof of the building, and shall be securely anchored by wall plates and nuts to be inside of the walls or to bearings on the under side of two or more roof or ceiling joists, in accordance with instructions given by the City Manager. Small signs containing less than ten feet of area may be attached flat to a building by the use of lag bolts or other means to the satisfaction of the City Manager.

(2009 Code, § 98.19) Penalty, see § 155.999

§ 155.155 WIND PRESSURE; CONSTRUCTION AND SAFETY STANDARDS.

Every sign and its support shall be capable of withstanding a wind pressure of 30 pounds to the square foot with a safety factor of four. All signs, if attached parallel to a building, shall be placed in close contact to the walls thereof. If projecting from the building, the sign shall be attached with an open space of not less than eight inches between any portion of the sign and the wall or roof or other portion of the building, in order to avoid the accumulation of combustible substances. Every sign shall be installed so as to be secure and safe with respect to persons and property.

(2009 Code, § 98.20) Penalty, see § 155.999

§ 155.156 HEIGHT AND LOCATION.

(A) The lowest part of any sign, support or appurtenance which extends over any street, alley, sidewalk or other public way or place shall be at least ten feet above the ground, or not less than 15 feet above any place used by vehicles, and shall not extend higher than the roof cornice or parapet wall or above the roof line, if there is no roof cornice or parapet wall of the building to which the sign is attached.

(B) No sign shall project more than 36 inches beyond the property line; however, for the purpose of illumination, a hood may be placed not to exceed six inches additional projection. No sign shall be supported from any point outside the property line.

(C) No sign shall be so erected, hung or attached so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, stack, vent pipe or ingress to or egress from any building, or so as to hinder the placing of ladders against the building by the Fire Department, or within five feet of the adjoining property, if the sign protrudes more than one foot over the street.

(2009 Code, § 98.21) Penalty, see § 155.999

§ 155.157 MURAL SIGNS.

Mural signs are permitted in the B-1, B-2, B-3, B-4, O&I, I-1 and I-2 Zoning Districts, provided the content, palette, execution, placement, and size are approved by the Planning Board and City Council. Mural signs shall be counted towards the allowable wall signage.

(Ord. 2018-O-59, passed 1-9-2018; Ord. 2021-Z-17, passed 1-26-2021; Ord. 2021-Z-19, passed 6-22-2021)

§ 155.158 USE OF POLES OR STRUCTURES SUPPORTING ELECTRICAL WIRES RESTRICTED.

No person shall place a sign upon a pole or other structure which supports any wire for the transmission of electrical current for power, lights, communication or any other purpose, except by permission of the owner of the pole or structure.

(2009 Code, § 98.22) Penalty, see § 155.999

§ 155.159 TOBACCO WAREHOUSE AND PRIZE HOUSE SIGNS.

No person shall erect, upon any street, sidewalk or other public place, any sign of direction or otherwise with reference to a tobacco warehouse or prize house, without first obtaining a permit to do so from the City Manager, as provided in § 155.146, and subject to the regulations and conditions of this subchapter. Any such sign shall not be in excess of 18 inches by four feet, and shall be placed in such a manner as to be out of the way of all pedestrians and vehicles and not to obstruct the vision of those operating vehicles.

(2009 Code, § 98.23) Penalty, see § 155.999

§ 155.160 INSPECTIONS; CORRECTIVE ACTIONS.

It shall be the duty of the City Manager to cause to be inspected at regular intervals every sign which extends over any sidewalk, street, alley or other public way in the city. If any sign is found to be insecurely fastened or otherwise dangerous, has not been properly maintained, or in any way conflicts with the provisions of this subchapter, the City Manager shall report this fact to the owner of the sign or to the owner or occupant of the premises on which it is fastened. If the sign is not made to comply within five days after this notice, it may be removed or altered so as to comply, at the expense of the holder of the permit, by the City Manager; however, the City Manager may cause any sign to be removed summarily and without notice whenever public safety requires this to be done immediately.

(2009 Code, § 98.24)

§ 155.161 CITY’S RIGHT TO REMOVE SIGNS.

The city reserves the right to cause any sign to be removed at the expense of the grantee of the permit whenever the City Council shall, by ordinance, determine that this action is necessary. Should any sign not be removed by the grantee, the City Manager shall cause it to be removed and the cost of removal shall be charged, as a special assessment, to the property on which the sign was located if the cost is not paid by the grantee of the permit within 30 days.

(2009 Code, § 98.25) (Ord. 2021-Z-19, passed 6-22-2021)

§ 155.162 CITY’S DISCLAIMER OF LIABILITY.

The acceptance of fees as provided in this subchapter shall not be deemed an assumption of liability by the city. The owner of any building or structure upon which a sign is erected shall bear any liability for any actionable damages and injuries that may be caused to persons or property thereby.

(2009 Code, § 98.26)