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Williston City Zoning Code

SECTION 25

G General sign regulations.

[Amended 10-13-2020 by Ord. No. 1121]
1. 
Purpose. The purpose of this subsection is to permit such signs that will not, by their reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety, and general welfare; and to permit and regulate signs in such a way as to support and complement land use objectives set forth in this subsection.
2. 
Definition of terms. The following definitions shall be used for terms contained in this chapter that are not otherwise defined in the Williston Municipal Code or in this Zoning Ordinance.
ABANDONED SIGN
A sign which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six months.
BUILDING OR STORE FRONTAGE
The length of any side of a building or store which fronts upon a public street. If an independent occupant in a building does not face a street but, rather, only fronts upon a customer parking lot, then that frontage on the parking lot can be considered towards calculating total building frontage.
BUSINESS CENTER IDENTIFICATION SIGN
A sign that identifies a building or group of commercial buildings, with three or more businesses with shared parking and/or access.
CAMPUS
A cohesive area on which are institutional primary uses with secondary accessory uses that are not intended to attract off-campus clientele.
FIXED YARD SIGN
A fixed sign or advertising display made with stained or painted wood or other finished rigid light materials, with no changeable copy, designed to convey information visually, which is fixed into the ground to direct attention to the lot on which it stands. These signs are regulated in Section 25.G.6.k.
MURAL
A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. These are not regulated as signage, as they are considered artwork. Murals must be determined by the Design Review Board or Development Review Committee as per Section 25.G.14 to contain no commercial content and therefore are excluded from the definition of signs.
NON-WORDED ADVERTISEMENT
Balloons, blades, flags or pennants without wording, which are used to draw attention to a temporary special on the property on which they are located. This is intended for short-term use; properties should not be ringed in non-worded blade signs or covered by pennants. These may be no larger than 32 square feet. These signs are regulated in Sections 25.G.12.d and 25.G.2.t.
OBSENE OR INDECENT SIGN
A sign that, in whole or in part, shows specified anatomical areas or specified sexual activities.
SANDWICH BOARD SIGN
A portable advertising or business ground sign typically constructed in such a manner as to form an "A" or tent-like shape, or a "T" sign which is perpendicular to the ground with a single base, with each sign face typically used for advertising.
SIGN
Any surface, fabric, device, or display which bears lettered, pictorial, or sculptured matter, including forms shaped to resemble any human, animal, or product, designed to convey information visually and which is exposed to public view. For purposes of this subsection, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.
SIGN ANIMATION
For dynamic messaging signs, any depictions of people, animals, or objects in motion.
SIGN, EMERGENCY LOCATOR
A sign installed near the address entry of any multibuilding development in which the individual buildings do not front on public streets that indicates the address, unit number, or other location of the buildings and the access route to those buildings from the address entrance.
SIGN FACE
That area or display surface of a sign used to convey the message. Rules for computation of sign area are included in Section 25.G.7.a, Computations, below.
SIGN MESSAGING
Any information displayed on the sign face. Types of sign messaging are:
a. 
CHANGEABLE COPYAny sign's display that has the ability to have its message readily changed by physical interaction.
b. 
DYNAMIC MESSAGINGAny sign's display that has the ability to change its message independent from physical interaction and/or exposes to public view any message via an electronic medium and not simply by illumination. This shall include but is not limited to all electronic scrolling, electronic off-premises signs, digital off-premises sign, animated sign, or rotating message signs.
c. 
STATIC MESSAGINGAny sign's display that is not able to be readily changed by any means.
SIGN, NONCONFORMING
Any sign which does not conform to the regulations of the subsection.
SIGN, OFF-PREMISES ADVERTISING
A sign which identifies or directs attention to:
a. 
A business, commodity, service, campaign, or attraction conducted, sold, or offered at a location other than the premises on which the sign is located; and/or
b. 
The ideological or noncommercial views of a party who is not an occupant of the premises.
SIGN, PERMANENT
A sign that is attached to a building, installed on a lot, or authorized to be placed on the public right-of-way by the political subdivision, that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold, or offered on the premises on which the sign is located. Within the meaning of this subsection, this shall not include off-premises advertising signs. Types of permanent signs are:
a. 
AWNINGA sign on which the sign face is displayed on a usually fabric or hard-surfaced window covering that projects from the wall of a structure.
b. 
BUSINESS CENTER IDENTIFICATION SIGNA sign that identifies a building or group of commercial buildings with three or more businesses, with shared parking and/or access.
c. 
CANOPYA roof-like cover, including an awning, that projects from the wall of a building over a door, window, or entrance; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station.
d. 
FREESTANDINGA self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. These include monument, monopole, and business center identification signs.
e. 
MARQUEEAny sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
f. 
MONOPOLEA freestanding sign supported by a single pole or other vertical structure, with the sign face located more than four feet from the ground.
g. 
MONUMENTA type of freestanding sign supported by a base of at least 75% of the sign width, with the sign face located within four feet from the ground, and is independent from any building.
h. 
PROJECTINGA sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
i. 
ROOFA sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the parapet of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof. New roof signs are not permitted. Existing signs are considered to be nonconforming. Such signs may be replaced and the logo changed, as long as the new sign maintains the size, style, materials and historical integrity of the sign.
j. 
WALL—A sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
Z_Wall.tif
SIGN, SUBDIVISION
A permanent sign designating a common grouping of homes or apartment buildings on no less than two acres which share a common name or brand. These can be located on one lot or on multiple lots.
SIGN, TEMPORARY, COMMERCIAL
Any sign, blade, banner, pennant, flag, finished (stained or painted) wood or advertising display with lettering, pictorial or sculptured matter, designed to convey information visually and which is exposed to public view, constructed of cloth, canvas, light fabric, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only, and located only in P, C-1, C-2, C-3, HCC, M-1, M-2, Ag. These signs are regulated in Section 25.12. Types of temporary commercial signs are:
a. 
BALLOONA sign that is inflated with a lighter-than-air gas and is tethered to the ground, building, another sign, or vehicle. Any signs attached to the tether are considered part of the balloon sign.
b. 
BANNERA sign displayed on flexible material, such as fabric or plastic, that is not permanently affixed to a structure for display.
c. 
BLADEA sign generally formed from a loop of solid material, which serves as a signpost, and which encloses an area of flexible material bearing the message. Blades without words on them are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.d and 25.G.2.t.
d. 
FLAGAny sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns or symbolic devices attached to a pole or staff. Flags without words on them, which are not covered under 25.6.B are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.D. and 25.G.2.t.
e. 
INFLATABLEA sign that depends for its structure on being inflated by air, with or without wording or graphics. Inflatable signs which wave rapidly and erratically are prohibited in Williston.
f. 
PENNANTA small flag peculiar in shape, color, or design flown during any function. Pennants without words on them are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.d and 25.2.t.
g. 
PORTABLEAny sign which is constructed so as to be movable, either by skids, wheels, truck or other conveyance; any sign which does not have a permanent foundation or is not otherwise permanently fastened to the ground and/or which is not wired for electricity in accordance with the sign code. When on a trailer, the removal of the wheels or undercarriage does not place the sign in another category; neither does the anchoring of the sign by means of concrete blocks, sandbags, or other types of temporary anchors.
h. 
VEHICLEA sign attached to or painted on a motor vehicle or trailer that is parked on or adjacent to property for more than 24 consecutive hours, the principal purpose of which is to serve as a stationary advertising device and to attract attention to a product sold or to a business, not including vehicle sales authorized by the City. A logo or business name on a motor vehicle or on equipment shall not be prohibited unless the motor vehicle or equipment is used as a stationary advertising device.
SIGN, TEMPORARY, RESIDENTIAL
Any sign, blade, banner, pennant, flag, sandwich sign, finished (stained or painted) wood or advertising display with lettering, pictorial or sculptured matter, designed to convey information visually and which is exposed to public view, constructed of cloth, canvas, light fabric, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period only, to direct attention to an activity being temporarily undertaken on the premises on which the sign is located, located only in R-lA, R-1E, R-1, R-2, R-2A, R-6, and R-7 Zones, or in Ag, R-3, R-4, and R-5 Zones. These signs are regulated in Section 25.G.6 and Section 25.G.12.c. Types of temporary residential signs are broken into two categories:
a. 
Signs in R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7, regulated in Sections 25.G.6.j and 25.G.12.c.
b. 
Signs in Ag, R-3, R-4, R-5, regulated in Sections 25.G.6.i and 25.G.12.c.
3. 
Resolution of conflicting regulations. This chapter is not meant to repeal or interfere with enforcement of other sections of the City of Williston's Municipal Code. In cases of conflicts between Code sections, state or federal regulations, the more restrictive regulations shall apply.
4. 
Permits required.
a. 
Unless specified herein, no person shall erect, alter, reconstruct, or relocate any permanent sign without first obtaining a sign permit for such work from the Building Official. No permit shall be issued until the Building Official determines that such work is in accordance with the requirements contained in this subsection and the current version of the Uniform Sign Code adopted by the City, except where amended by this subsection. When a sign permit has been issued by the Building Official, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Building Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Building Official.
b. 
Unless specified herein, no person shall erect, alter, reconstruct, or relocate any temporary sign without first obtaining a sign permit for such work from the Planning Director. No permit shall be issued until the Planning Director determines that such work is in accordance with the requirements contained in this subsection and the current version of the Uniform Sign Code adopted by the City, except where amended by this subsection. When a temporary sign permit has been issued by the Planning Director, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Planning Director. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Planning Director.
c. 
Upon application for a sign permit, a dimensioned site plan must be submitted showing the location of the lot lines, structures (including accessory structures), above-ground and underground utilities, easements, the location of the proposed sign, and details showing sign area dimensions. This site plan shall be at a legible scale and such scale shall be listed on the site plan. If the proposed sign(s) is to be located on the building facade, dimensioned elevations with building height and width must be submitted. In addition, an engineer's construction specifications for the sign including structural loading data must be submitted.
Z-Sample Sign Site Plan.tif
Image 25.2. Sample Sign Site Plan
d. 
Businesses that sell or rent signs may display the signs to be sold or rented without applying for a sign permit. Signs displayed must clearly indicate they are being used as displays or examples and may not replicate, or substantially replicate, the messaging on the approved permanent sign for that business.
e. 
Any owner of portable signs renting such portable signs on a regular basis may permit their signs for use at various business establishments, provided all other regulations laid out in this subsection are followed. The application for the permit shall be made to the Planning Director, and the permit fee, as established by resolution by the Board of City Commissioners, shall be paid prior to the issuance of the permit and at each yearly renewal period. A monthly report prior to the time of sign placement shall be provided to the Planning Director for each sign owner licensed in this manner or, a sign owner may submit individual placement requests prior to placing the sign. The reports shall include the following:
(i) 
Name and address of owner of sign.
(ii) 
Owner approval to place sign on location for dates shown.
(iii) 
Dates of placement of each sign on property.
(iv) 
Number of signs to be placed on each property.
(v) 
Placement location of each sign.
(vi) 
Site plan of location of each sign.
5. 
Prohibited signs. The following signs are prohibited in all zoning districts.
a. 
Obscene or indecent signs.
b. 
Abandoned signs.
c. 
Revolving signs.
d. 
Signs installed or displayed in any public right-of-way, pursuant to Section 25.G.5.R, and excluding sandwich board signs in the Downtown area, as defined by Exhibit A, or in other areas where private property on which to display such signs is limited and where the storefront abuts the right-of-way. Such signs must be permitted.
e. 
Signs that obstruct the view of street or railroad crossings.
f. 
Signs that unreasonably obstruct from view any other sign or use currently in existence.
g. 
Signs that reduce any required parking for any use on the lot upon which the sign is placed.
h. 
Signs that obstruct any access to any habitable structure.
i. 
Signs that obstruct or overhang any driveway required for Fire Department access.
j. 
Signs unable to meet the structural loading requirements as established in the currently adopted version of the North Dakota State Building Code or otherwise be structurally sound.
k. 
Signs that overhang or project into any public right-of-way, except as specifically noted in this subsection.
l. 
Any sign that projects into or is placed within the sight triangle zone, which is defined as a height of between 2.5 feet and 10 feet above the established curb grades of the intersecting streets within the triangle formed by the curblines of the intersecting streets and the line joining points a distance of 25 feet on each curbline from their point of intersection.
Z-Vision Clearance zonel.tif
Image 25.3 Vision Clearence Zone
m. 
Signs that protrude above the point of a building with a flat roof, the eave line of a gambrel, gable, or the hip roof of the deck line of a mansard roof, except for roof signs as defined by Section 25.G.2.
n. 
Any sign which is not included under the types of signs permitted in district regulations or in this subsection.
o. 
Any sign, outdoor commercial advertising or lighting device that has not received a permit. Such devices constituting a nuisance because of lighting glare, focus, animation, or flashing are prohibited in any district.
p. 
Any sign which conflicts in any manner with the clear and obvious appearance of public signs and traffic control devices.
q. 
Any notice, political poster or handbill, advertisement or any other sign upon any power or telephone pole, bridge, fire hydrant, official public sign, street light pole, or in any portion of a public right-of-way.
r. 
Any freestanding sign on public property, except by approval of the City Commission.
s. 
Inflatable signs which wave rapidly and erratically, with or without wording, which are intended to draw business or attention to a business and which do not meet the allowances below.
6. 
Signs allowed on private property without sign permits. The following shall be exempt from the application of these Section 25.G sign regulations:
a. 
Signs not exceeding four square feet in area and bearing only post box numbers, names of occupants of premises, address, or name of home occupation.
b. 
Flags and insignia of any government, except when displayed in connection with commercial promotion.
c. 
Signs from government agencies directing and guiding traffic, and parking on public or private property, but bearing no advertising matter.
d. 
Street banners: Signs advertising a public event, providing that specific sign approval is granted under regulations established by the City.
e. 
Seasonal holiday decorations: Signs pertaining to national holidays and national observances.
f. 
Public signs: Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs, including signs designating hospitals, libraries, schools and other institutions or places of public interest or concern, with no advertising.
g. 
Integral signs: Signs for churches or temples, or names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached.
h. 
Window signs: Such signs that are displayed inside of or on a window or within a building.
i. 
Temporary signs on Ag, R-3, R-4 and R-5 properties no more than 32 square feet and no more than six feet tall. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign. Additional regulations can be found in Section 25.G.12.c(iv)(b)(2).
j. 
Temporary signs on R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7 properties that are no more than six square feet. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign. Additional regulations can be found in Section 25.G.12.c(iv)(b)(1).
k. 
Fixed yard signs on P, C-1, C-2, C-3, HCC, M-1, M-2, and M-3 lots which are no more than 32 square feet and no more than six feet tall. However, no more than one fixed yard sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary commercial sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.
l. 
Drive-through menu signs, provided the message on such signs includes only menu information and does not advertise the business.
m. 
Signs that are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.
n. 
Directional signs provided that such signs:
(i) 
Do not exceed four square feet in maximum size or four feet in maximum height, except in cases of medical, college, or other campus, which require a sign master plan, a sign permit, and a building permit.
(ii) 
Are limited to one sign at each driveway or access point with a public street; and one sign at any critical decision point internal to a development, including at or above building entrances.
7. 
Computations. The following rules shall control the computation of sign area and sign height.
a. 
Sign area:
(i) 
Computation of area of individual signs: The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sign's message. The supporting structure must be proportional to the sign face.
(ii) 
Computation of area of multifaced signs: Where a sign has two display faces back to back, the area of only one face shall be considered the sign face area. Where a sign has more than one display face, all areas which can be viewed simultaneously shall be considered the sign face area.
b. 
Sign height. The height of a sign is measured from the average grade level below the sign to the topmost point of the sign or sign structure.
Z-Area calculations.tif
Image 25.4 Sign Area Calculations
8. 
Messaging. Types of messaging are defined in Section 25.G.2.
a. 
Static messaging:
(i) 
All permanent signs may have static messaging.
(ii) 
All temporary signs may have static messaging.
b. 
Changeable copy:
(i) 
All permanent signs may have changeable copy.
(ii) 
Commercial temporary portable signs may have changeable copy; the message on the sign may change during the event, but the structure of the sign shall be regulated by the permitting process laid out in Section 25.G.4.
c. 
Dynamic messaging:
(i) 
Only permanent signs may have dynamic messaging.
(ii) 
Individual messages shall be displayed in no more than three screens over a period of no longer than nine seconds. Screens shall take no longer than one second to change. Messages displaying time and/or temperature shall be displayed no longer than three seconds.
(iii) 
Prohibited display elements:
(a) 
Animation not related to the message displayed.
(b) 
Any flashing of all or any part of the screen.
(c) 
Any spinning or similar motion of all or any part of the display.
(iv) 
The message shall not contain materials that may be confused as a traffic control device, simulate automobiles either outgoing or oncoming, or direct the driver to make any abrupt turning movements. Light emitted shall not obscure any traffic control device.
(v) 
The brightness of the illumination shall be approximately adjusted as ambient light decreases by utilizing an ambient light sensor for automatic dimming.
(vi) 
Light emitted shall be a maximum of 0.3 footcandle above ambient light levels measured per industry standard procedure.
(vii) 
All regulations for dynamic messaging signs shall be applicable to all signs that fit the definition regardless of size, construction, or mounting.
(viii) 
Dynamic messaging signs within 150 feet of a residential zone that face the residential zone shall display a static message between the hours of 9:00 p.m. and 7:00 a.m.
(ix) 
No dynamic messaging signs shall be mounted perpendicular to the surface to which they are attached. These signs must be attached to a marquee sign or freestanding sign, or must be a wall sign.
(x) 
The area of the sign face of the dynamic messaging portion of any sign shall be counted towards the maximum allowable sign face square footage allowed under this subsection.
(xi) 
Dynamic messaging signs are not permitted in the Center Downtown Area, as defined by Exhibit A. Existing dynamic messaging signs in the Center Downtown Area will be considered nonconforming signs.
(xii) 
Dynamic messaging signs may be used for nonresidential uses that do not include home occupations inside a residential district, but may be no more than 45 square feet, only 25 of which may be utilized for a dynamic messaging screen. These must be monument style, and may be more than six feet tall on any local or collector street, and no more than eight feet tall on any arterial street. One such sign may be allowed per street frontage. These must follow all regulations laid out in Sections 25.G.9, 25.G.11, and 25.G.19. Dynamic messaging signs not associated with such nonresidential uses are not permitted in a residential zone.
9. 
General sign regulations.
a. 
Design, construction, and maintenance: All signs shall be designed, constructed, and maintained in accordance with the following standards:
(i) 
All signs shall comply with applicable provisions of the City of Williston's building and electrical codes at all times.
(ii) 
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this subsection, all signs shall be constructed of permanent finished materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(iii) 
All signs shall be maintained in good structural condition at all times.
(iv) 
When any sign becomes unsafe or is unlawfully installed or maintained in violation of this subsection, the owner shall be notified to bring the sign into compliance within 72 hours. If the owner can demonstrate that parts have been ordered and, through no fault of the owner, are not immediately available, or repair of the sign has been scheduled with a service technician, the Building Official can extend the time.
(v) 
Abandoned signs shall be removed by the property owner within 30 days of the discontinuance, after which the Planning Director will have the right to levy a penalty for each day the signage is not brought into compliance.
b. 
All signs which were lawful on the date of adoption of this subsection but which would be prohibited, regulated, or restricted under the terms of this subsection shall be treated pursuant to Section 6, Nonconformities, of this zoning ordinance.
c. 
All signs must bear a sticker, plate, or other permanent marking of at least six square inches in area indicating the owner or installer of the sign, a current mailing address, and a current contact phone number. The sticker, plate, or other permanent marking must appear on the lower part of each sign face. Signs not displaying such a sticker, plate, or other permanent marking will be considered to be the responsibility of the owner of the property on which the sign is installed or displayed.
d. 
Illumination on all signs shall be designed to minimize glare, light trespass, and excessive amounts of misdirected light. All lighted signs, including interior-lit cabinets, shall be designed by a qualified professional. The use of minimum lumens or footcandles required to adequately illuminate the sign is required.
10. 
Emergency locator signs. "Emergency locator sign" is defined in Section 25.G.2 of this subsection.
a. 
Emergency locator signs:
(i) 
Will not be counted in the total signage for the location for which they are required.
(ii) 
Require a sign permit.
(iii) 
May be illuminated.
(iv) 
Must be static messaging.
(v) 
Shall be of sufficient size to be clearly visible from the address entrance driveway.
(vi) 
Must be displayed in a manner that is clearly visible from the address entrance driveway into the property.
(vii) 
Must be installed prior to certificate of occupancy for the first building in the multibuilding development.
(viii) 
Must be of sturdy, weatherproof construction.
(ix) 
Shall be in a format approved by the Williston Fire Chief.
(x) 
Shall contain no advertising.
(xi) 
Shall not be used as a "for rent" or "vacancy" sign.
11. 
Permanent signs. "Permanent sign" is defined in Section 25.G.2 of this subsection.
a. 
Permanent signs may:
(i) 
Have static messaging, changeable copy, or dynamic messaging.
(ii) 
Have direct or indirect illumination.
b. 
Awning and canopy signs: Awning and canopy signs, where permitted, are subject to the following regulations:
(i) 
The sign area of an awning sign shall not exceed 25% of the total face area of the awning. The combined area of all front-facing awning panels shall not exceed 35% of the total wall area.
(ii) 
The sign area of a canopy sign shall not exceed 35% of the total face area of the canopy.
(iii) 
Awnings shall not extend above the eave or parapet of the building facade and shall be a minimum of eight feet six inches above the sidewalk or grade, whichever is higher. Awnings shall not extend over any area utilized by motor vehicles.
(iv) 
Under-canopy or under-awning signs shall maintain a minimum of a vertical clearance of eight feet.
(v) 
Awnings may project no more than nine feet from the facade of the wall to which they are mounted, but shall not extend within five feet of the curb face of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the proposed awning. Otherwise, the maximum projection of any awning shall not extend within three feet of the curb face of any public right-of-way. Any extension beyond six feet shall have plans stamped by a licensed architect or professional engineer, certifying the ability of the wall and associated structures to carry all imposed loads.
(vi) 
Awnings and canopies shall maintain a vertical clearance of 14 feet over parking lots.
(vii) 
Canopies shall maintain a vertical clearance of 18 feet over driveways.
(viii) 
Awnings or canopies which project into a North Dakota Department of Transportation (NDDOT) right-of-way may require a permit from that department. If a permit is required by the NDDOT, it must be obtained.
ZProjecting Canopy Awning Signs.tif
Image 25.4. Projecting, Canopy, and Awning Signs
c. 
Business center identification signs. Business center identification signs may not be monopole signs. See Section 25.G.11.f, Monopole signs. A sign master plan is required.
d. 
Marquee signs: Marquee signs, where permitted, are subject to the following regulations:
(i) 
Marquee signs shall not extend within five feet of the vertical plane of the inside curbline of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the sign. Otherwise, the maximum projection of any awning shall not extend within three feet of vertical plane of the inside curbline of any public right-of-way.
(ii) 
Each marquee sign, including under-canopy signs, must maintain at least the following vertical clearances:
(a) 
Eight feet six inches over sidewalks.
(b) 
Twelve feet within three feet of any parking area or driveway.
(c) 
Fourteen feet over parking lots.
(d) 
Eighteen feet over driveways.
(iii) 
No marquee extending three feet or more from a property line may be located within 25 feet of any other marquee sign extending three feet or more from a property line.
e. 
Projecting signs and graphics: Projecting signs and graphics, where permitted, are subject to the following regulations:
(i) 
Projecting signs must minimize visible support structure, including guy wires, cables, turnbuckles, angle iron, or other similar external support structure.
(ii) 
The maximum projection of any projecting sign shall not extend within five feet of the curb face of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the sign. Otherwise, the maximum projection of any projecting sign shall not extend within three feet of the curb face of any public right-of-way.
(iii) 
Each projecting sign, including under-canopy signs, must maintain at least the following vertical clearances:
(a) 
Eight feet six inches over sidewalks.
(b) 
Twelve feet within three feet of any parking area or driveway.
(c) 
Fourteen feet over parking lots.
(d) 
Eighteen feet over driveways.
f. 
Monopole signs: Monopole signs, where permitted, are subject to the following regulations:
(i) 
No more than two businesses may be advertised per monopole sign. Said businesses must be located on the same lot as each other and the sign.
(ii) 
Each pole sign must maintain at least the following vertical clearances:
(a) 
Twelve feet over sidewalks.
(b) 
Any overhang within three feet of any parking area or driveway must maintain a vertical clearance of at least 12 feet.
(c) 
Fourteen feet over parking lots.
(d) 
Eighteen feet over driveways.
g. 
Wall signs and graphics: Wall signs and graphics, where permitted, are subject to the following regulations:
(i) 
A wall sign shall not extend more than 12 inches from the wall to which it is attached, and may not extend within five feet of the curb face.
(ii) 
A wall sign must be parallel to the wall to which it is attached.
(iii) 
A wall sign may not extend beyond the corner of the wall to which it is attached, except where attached to another wall sign, it may extend to provide for the attachment.
(iv) 
A wall sign may not extend beyond its building's roof line.
(v) 
A wall sign in the Center or Fringe Downtown, as defined by Exhibit A, attached to a building on its front property line may encroach upon public right-of-way by no more than 12 inches. Such a wall sign shall provide minimum clearance of eight feet six inches, and must remain at least five feet behind the curb face.
(vi) 
Wall signs may not extend vertically above the highest portion of the roofline or parapet, whichever is less.
(vii) 
A wall sign may be painted onto a structure or building, but must meet all other regulations required herein. Painted wall signs must be kept in good repair, with no peeling paint. Painted wall signs are required to be submitted to the Development Review Committee for review and approval.
12. 
Temporary signs. Types of temporary signs are defined in Section 25.G.2 of this Zoning Ordinance.
a. 
Temporary commercial signs:
(i) 
Require a permit from the Planning Director through the process described above under Permits required, Section 25.G.4.b.
(ii) 
Shall not contain any dynamic messaging.
(iii) 
P, C-1, C-2, C-3, HCC, M-1, M-2, and M-3 Districts may utilize temporary signs as follows:
(a) 
May be no larger than 64 square feet.
(b) 
Individual permits may be granted for eight events per year of 15 days each.
(c) 
One permit may cover multiple temporary signs per event; however, no more than one temporary commercial sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary commercial sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.
(d) 
Where a business has ordered a permanent sign to be installed which has been applied for and permitted by the Building Department, and for which documentation that the sign has been ordered has been provided, the business may apply for a temporary commercial sign as a business sign until the permanent sign has been installed.
(iv) 
Balloon temporary commercial signs:
(a) 
Balloon signs, whether worded or unworded, may only be used as follows:
(1) 
Only one balloon is allowed per attachment point.
(2) 
The total amount of balloon signage may be no more than 64 square feet.
b. 
Nonresidential, noncommercial uses.
(i) 
Because certain uses are able to be placed in a multitude of zones, and such uses are not typically associated with either residential or commercial uses, these nonresidential, noncommercial uses (e.g., schools, churches, lodges) in residential zones may utilize a sixty-four-square-foot temporary sign for eight events per year, with no more than 15 days per event. These signs must be permitted.
c. 
Residential temporary signs:
(i) 
Do not require a permit.
(ii) 
Shall be static messaging only.
(iii) 
Shall not be illuminated.
(iv) 
Regulation by type of residential temporary signs:
(a) 
No more than one such sign may be displayed on each street frontage of the property.
(b) 
Signs are broken into two categories:
(1) 
Signs in R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7: no more than one sign, not exceeding six square feet in area. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.
(2) 
Signs in Ag, R-3, R-4, R-5: no more than one sign per street frontage, not exceeding 32 square feet. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.
[a] 
This may be one banner or wall sign per street frontage that is firmly affixed to a building facing the adjoining public right-of-way and kept in good repair that is a maximum size of 32 square feet.
[b] 
If a banner sign is not used, one monument style sign not exceeding 32 square feet and six feet tall constructed of finished materials (with no unpainted wood) that is maintained in good order may be used. Alternative style signs may be considered and approved by the Planning Director if a hardship is demonstrated.
d. 
Non-worded advertisement that is primarily designed to draw attention to a property for the purpose of gaining business:
(i) 
May be allowed in R-3, R-4, C-1, C-2, C-3, HCC, M-1, M-2 Districts.
(ii) 
May only be located on private property.
(iii) 
Must be kept in good repair, and may not be faded, tattered, or in disrepair.
13. 
Off-premises advertisement signs. "Off-premises advertisement sign" is defined in Section 25.G.2 of this subsection.
a. 
Off-premises signs hereafter erected, constructed, reconstructed, altered, or moved in the City shall be constructed in accordance with the requirements of the current version of the Uniform Sign Code, adopted by the City, the latest edition of the North Dakota State Building Code and currently adopted National Electrical Code, except as amended by this subsection.
b. 
Existing off-premises signs which are located on property in the City's jurisdiction may be maintained as built, and are not considered to be nonconforming.
c. 
Off-premises signs are allowed in the M-2 Heavy Industrial Districts as permitted uses only if they conform to the following provisions:
(i) 
The owner shall agree, at the time of issuance of the permit, to place and maintain on such off-premises sign the contact information for the person owning, in charge of, or in control of, said off-premises sign.
(ii) 
No off-premises sign shall be erected, altered, constructed, reconstructed, or moved until an application and plans have been filed with and approved by the Building Official as to size, location, and construction.
(iii) 
The permitted height for off-premises signs shall be a maximum of 45 feet in height and up to 60 feet in height as a special permitted use. The height shall be measured as indicated in Section 25.G.7.b.
(iv) 
Off-premises signs shall be constructed on the existing grade of the site. Upon newly graded land, the off-premises sign shall be placed upon the final grade of the site as set forth in the grading plan in the approved final plat.
(v) 
The owner, lessee, or manager of such off-premises sign, and the owner of the sign shall maintain and keep the ground area around the sign free and clean of weeds and debris.
(vi) 
The maximum area of the sign face shall not exceed 2.5% of the area of the lot, or 672 square feet, whichever is smaller.
(vii) 
No off-premises sign shall be constructed within 600 feet of another off-premises sign with only one off-premises sign being allowed per lot or parcel of land.
(viii) 
No off-premises signs shall be installed within 250 feet in any direction of any zoning district where off-premises signs are not permitted.
(ix) 
All off-premises signs shall be erected using a single steel monopole design.
(x) 
No off-premises sign shall be erected within six feet of any structure.
(xi) 
The maximum area of an off-premises sign shall not be increased through the special permitted use (SPU) process.
14. 
Murals. "Murals" are defined in Section 25.G.2.
a. 
Murals in the Center Downtown Area, defined by Exhibit A, are required to be submitted to the Design Review Board for review and approval.
b. 
Murals outside of the Center Downtown Area are required to be submitted to the Development Review Committee for review and approval.
15. 
Oversize signs. Specific sign limitations in each district are indicated in Table 25.1. Where proposed signs in these districts exceed the established size limitations (excluding off-premises advertising signs per Section 25.G.13.) or do not meet other requirements, they may be reviewed as a special permitted use (SPU) and may be considered for approval if they conform to the following:
a. 
No such sign shall be erected, altered, constructed, reconstructed, or moved until an application and plans shall have been filed with the Building Official as to size, location, and construction.
b. 
Neighboring property within 150 feet of the proposed sign shall receive a notice of the proposed SPU.
c. 
Other considerations shall be taken such as the size of the lot, number of existing signs, the size of existing signs, in addition to the findings for SPUs prescribed in Section 27 of this subsection and listed below:
(i) 
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(ii) 
That literal interpretation of the provision of this subsection would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subsection.
(iii) 
That the special conditions and circumstances do not result from the actions of the applicant.
(iv) 
That granting the oversize sign requested will not confer on the applicant any special privilege that is denied by this subsection to other lands, structures, or buildings in the same district.
16. 
Sign master plan.
a. 
An applicant may submit a sign master plan detailing the size, location and design of all signs on the site. The sign master plan shall contain specific standards for consistency among all signs on the lots affected by the plan. Criteria for a common signage designation include but are not limited to color scheme, lettering or graphic style, lighting, location of each sign on the buildings or lots, sign material, sign proportions, and cumulative sign display areas and heights of all signs. All owners within the sign plan area shall be required to sign a document waiving any rights to individual freestanding monopole signs in exchange for signage on the shared business center identification signs.
b. 
Business center identification sign master plans must also show that the signage is proportional to the buildings/center, and must show the proposed signage in relation to the street and property. Sign master plans must show that proposed signage is proportional to the scale of the development and the street. These requirements must show that the sign master plan meets modern commercial design standards.
c. 
Business center identification signs are only allowed with a sign master plan, and shall be limited to one per major business center entrance, located on an arterial or highway, no more than 45 feet high and 400 feet square, and one per minor business center entrance, or business center entrance on a collector or local street, no more than 25 feet high and 200 feet square. Sign master plans must be reviewed by Planning and Zoning Commission.
d. 
Sign master plans may also be used for campus properties in residential zones.
17. 
Compliance with sign regulations. Conformance required: Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this subsection.
18. 
Enforcement.
a. 
Continuing maintenance obligation: All signs must continue to be maintained in working condition, as required by Section 25.G.9.a.(iii). All sign faces must remain clearly legible and the sign mounting must remain structurally sound. All illumination must be maintained to fully illuminate the sign.
b. 
Inspection and monitoring: All signs allowed by this subsection are subject to inspection and monitoring. Signs not in compliance with the requirements of this subsection or not in compliance with the approved sign permit will be subject to enforcement actions pursuant to Section 26D of this zoning ordinance. These enforcement actions include the City hiring a contractor to remove a noncompliant sign and backcharging the property owner for the cost of this work.
c. 
Fines: Temporary signs displayed in violation of this subsection shall be fined as indicated in the Fee Schedule, Section 5-321 of the City of Williston Code of Ordinances.
d. 
Sunset clause: All commercial temporary signs will need to either be removed or be properly permitted for an event as allowed above within 90 days of January 1, 2017. Any commercial temporary sign that is still in place and not properly permitted will be fined as per Section 5-321 of the City of Williston Code of Ordinances.
19. 
Sign table. Permitted sign types and maximum sizes are indicated in the following Sign Table 25.1.