Winfield City Zoning Code
SIGN REGULATIONS
GENERAL PROVISIONS
§ 156.075 PURPOSE.
(A) (1) It is the intent of these provisions to establish a comprehensive system for the regulation of all signs within the town.
(2) It is the purpose of these regulations to enhance the aesthetic nature of the town by eliminating visual clutter, while permitting effective communication by owners and occupants of property. In so doing, it is anticipated that these regulations will contribute to the economic stability of the town and its overall attractiveness to residents, visitors, and businesses.
(B) Specifically, the purposes of these regulations are to:
(1) Protect the general public health, safety and welfare of the town;
(2) Reduce possible traffic and safety hazards through reduced sign clutter, and elimination of unauthorized signs in the public right-of-way;
(3) Maximize public convenience through appropriate identification and directional signs;
(4) Minimize the visual and lighting impacts of business signs to adjacent residential neighborhoods;
(5) Encourage signs and graphics which are well designed, aesthetically pleasing and appropriate to their intended context;
(6) Ensure that permitted signs contribute to a high quality visual environment constituent with town community values;
(7) Protect and enhance the visual quality of designated scenic highways and other areas located within the scenic area overlay zone; and
(8) Enhance the economic value of the town.
(C) These sign regulations are adopted in the furtherance of the more general purposes set forth in § 156.002 of this code.
(Ord. 23, § 2.50.10, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004; Am. Ord. 210-A, passed 12-10-2015)
§ 156.076 APPLICATION.
Hereafter, all construction, relocation, enlargement, or alteration of signs within the town shall conform to the requirements of this chapter, all state and federal regulations concerning signs and advertising, the Uniform Building Code, and the National Electrical Code.
(Ord. 23, § 2.50.20, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004)
§ 156.077 ADMINISTRATION AND ENFORCEMENT.
The Building Administrator shall have the power to administer and enforce the provisions of this chapter.
(Ord. 23, § 2.50.30, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004)
§ 156.078 DEFINITIONS; USAGE.
(A) Principles for computing sign area and sign height are contained in § 156.079.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and phrases not defined in this section but defined elsewhere in this chapter shall be given the meanings set forth in that section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
ANIMATED SIGN. Any sign which includes action, motion, the optical illusion of action or motion or color changes of all or any part of the sign facing, requiring electrical energy or set in motion by movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area, except time and temperature signs. ANIMATED SIGNS shall include electronic reader boards and any sign that uses movement or change of lighting to depict action or create a special effect or scene.
AWNING. A roof-like protective cover constructed of metal, wood, or other rigid material extending from all or a portion of a building such as a door, entrance, window or outdoor service area. For the purposes of this chapter, a sign on an awning shall be considered to be a wall sign.
BANNER. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered BANNERS.
BEACON. Any light with one or more beams of illumination directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
BENCH SIGN. Any sign attached to or painted upon a bench or seat which is located outside a building or structure.
BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or applied to the building facade. Marker construction, not original to the building, to be made of bronze or other acceptable material.
BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a FREESTANDING SIGN.
CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy, or other fabric, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than six times per day shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature portion of a sign and not a CHANGEABLE COPY SIGN for purposes of this chapter.
COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity.
FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, business or other entity.
FREESTANDING SIGN. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
HEIGHT OF SIGN. The greatest vertical distance measured from the finished grade to the top of the sign, including any accompanying architectural features of the sign.
ILLUMINATED SIGN. A sign designed to give forth artificial light or reflect the light from an artificial light source.
INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "No Parking", "Entrance", "Visitor Entry", "No Smoking", "Loading Area" and other similar directives, including text and symbol depictions. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered INCIDENTAL.
LOT. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership and publicly recorded.
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.
MONUMENT SIGN. A type of freestanding sign which has a low profile with a continuous base resting on the ground and incorporating the design and building materials complementary to the architectural theme of the building on the same property.
NAMEPLATE. Any sign which displays only the name and address of the occupant.
NONCONFORMING SIGN. Any sign that does not conform to the requirements of this chapter.
NON-ILLUMINATED SIGN. A sign which is not designed to give forth artificial light or reflect the light from an artificial light source.
OFF-PREMISE SIGN: BILLBOARD, POSTERBOARD, PANEL. Any single or double faced structure permanently affixed to the surface of the land or to any building, tower, or other structure, designed, arranged, used, or intended to be used for outdoor advertising, or where display space is purchased or rendered for general advertising purposes, and not associated with the establishment located on the same zone lot as the sign. For the purposes of this chapter, a political sign shall not be considered as an OFF-PREMISE SIGN, and the location of political signs is regulated by § 156.099 of this code.
PENNANT. Any lightweight, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. A PENNANT sign is a temporary sign.
PERMANENT SIGN. Any sign not intended for temporary display.
PERSON. Any association, company, corporation, entity, firm, organization, or partnership,
singular or plural, of any kind.
POLE SIGN. A type of freestanding sign which is permanently supported by one or more poles or uprights.
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A or T frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless that vehicle is used in the normal day to day operations of the business.
PRINCIPAL BUILDING. The building in which is conducted the principal use of the zone lot in which it is located. Zone lots with multiple principal uses may have multiple PRINCIPAL BUILDINGS, but storage buildings, garages, and other clearly accessory uses shall not be considered PRINCIPAL BUILDINGS.
PROJECTING SIGN. Any sign affixed to a building or wall in a manner so that its leading edge extends more than 12 inches beyond the surface of that building or wall.
PUBLIC SIGN. Any sign, either permanent or temporary, which is authorized and erected by public officials of the state, town, or township for the public safety, health, and welfare, including traffic signs, other municipal signs, railroad crossing signs, and danger and other non-advertising signs.
RESIDENTIAL SIGN. Any sign located in a district zoned for residential use that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering that service at that location conforms with all requirements of this zoning chapter.
ROOF SIGN. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the roof plane.
ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
STREET. A strip of land or right-of-way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including but not limited to alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
STREET FRONTAGE. The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting the street to the furthest distant lot line intersecting the same street.
SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by that surface.
TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted.
WALL SIGN. Any sign attached parallel to, but projecting not more than four inches from a wall, painted on the wall surface of, or erected and confined within the limits of, an outside wall of any building or structure, which is supported by that wall or building, and which displays only one sign surface.
WINDOW SIGN. Any sign, pictures, symbols, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
ZONING LOT. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide yards and other open spaces as required by the zoning regulations.
(Ord. 23, § 2.50.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998; Am. Ord. 2003-109A, passed 10-8-2004; Am. Ord. 210-A, passed 12-10-2015)
§ 156.079 COMPUTATIONS.
The following principles shall control the computation of sign area and sign height:
(A) Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof 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, but not including any supporting framework, bracing, or decorative fence or wall when the fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself.
(B) Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when those sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
(C) Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: the existing grade prior to construction; or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating 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 public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is greater.
(D) Computation of maximum total permitted sign area for a zone lot. The permitted sum of the area of all individual signs on a zone lot shall be as indicated in Appendix E of this chapter to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot’s total sign area allocation that is derived from the lot, building, or wall area frontage on that street.
(Ord. 23, § 2.50.90, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004) Penalty, see § 156.999
§ 156.080 PERMIT REQUIRED.
It shall be unlawful for any person to erect, alter, construct, or relocate any sign or structure subject to the terms of this chapter without first obtaining a sign erection permit from the Building Administrator and making payment of the appropriate fee as provided in this chapter.
(Ord. 23, § 2.50.50, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004) Penalty, see § 156.999
§ 156.081 EXEMPTIONS.
(A) No permit shall be required for signs or displays covered by this section. These exceptions, however, shall not be construed to relieve the owner of the sign from responsibility for its erection and maintenance in a safe manner, or from other provisions of this chapter relating to size, lighting, or location.
(B) Exceptions are as follows:
(1) Building markers provided they are not larger than six square feet for each display surface;
(2) Necessary traffic and/or directional signs erected by a governmental unit;
(3) Flags of governmental units, accredited schools, and churches. The height of flag poles shall not exceed 40 feet. Flags shall be in proper proportion to the pole so as to ensure the safe display of the flag;
(4) Private informational signs necessary to inform the public, such as “no trespassing,” “no dumping,” “beware of dog,” “buried cable,” and the like. These signs shall be exempt so long as they do not exceed two square feet in gross area each;
(5) Construction signs, when authorized by the Building Administrator in connection with construction operating for a specific project; these signs shall not exceed 36 square feet in area, and shall be removed within 15 days after completion of construction operations;
(6) Signs advertising private garage sales, as discussed in § 156.158 of this code;
(7) Posters advertising special programs or events;
(8) Political campaign signs, as discussed in § 156.099;
(9) Window signs, except a sign which is permanently affixed to the interior or exterior of a window or is within three feet of the interior of the window and exceeds 25% of the window area. The sign shall then meet the requirements of § 156.080 regarding permits, and all other requirements of this chapter; and
(10) Newspaper dispensing machines shall be permitted in any commercial district, provided that there shall be no advertising posted other than the name of the newspaper and the price.
(Ord. 23, § 2.50.60, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004) Penalty, see § 156.999
§ 156.082 DESIGN RESTRICTIONS.
In addition to all other provisions and restrictions of this section and chapter, the signs shall conform as follows:
(A) All freestanding identification signs, general business signs and multipurpose signs shall be monument signs. This division refers to freestanding monument signs in AG, AG-B, C-1, C-2, C-3, MF, PDC, PDM and industrial/manufacturing districts. The maximum height of a single occupant business monument sign shall be five feet, maximum length shall be eight feet and display area, not including architectural details, shall not exceed 24 square feet. The entire sign must be located a minimum of ten feet behind a right-of-way line, property line or easement line.
(1) All monument signs shall provide the numerical designation of the building served, with minimum three-inch text.
(2) Changeable copy shall not be incorporated into monument signs in this division with the exception of gasoline service stations.
(B) A freestanding monument sign shall be securely built and constructed to comply with § 156.076.
(C) All signs and other advertising devices shall be designed and constructed to withstand a wind pressure of not less than 20 pounds per square foot of surface area.
(D) The owner of any sign as defined and regulated by this chapter shall properly maintain all parts and supports of that sign.
(E) For internally illuminated signs:
(1) In no case shall the medium of illumination be visible; and
(2) In no case shall the lighting intensity exceed the limit of 70 foot candles measured with a standard light meter perpendicular to the face of the sign at a distance equal to the narrower dimension of the sign, whether it be the height or the width.
(F) For externally illuminated signs:
(1) Lighting shall be uniformly distributed over the area of the sign;
(2) The lighting shall not reflect or be directed toward dwellings, toward roadways, or create a hazard to traffic; and
(3) The light reflectance as measured with a standard light meter held one foot perpendicular from the surface of the sign shall not exceed 50 foot candles at its brightest area.
(G) A wall mounted sign shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws. In no case shall any wall mounted sign be secured with wire, strips of wood, or nails.
(H) Sight triangle and distance calculations for sign placement across all applications shall be submitted as required by the Plan Commission upon advisory review recommendation of the Town Engineer.
(Ord. 23, § 2.50.180, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004; Am. Ord. 210-A, passed 12-10-2015) Penalty, see § 156.999
§ 156.083 MASTER OR COMMON SIGNAGE PLAN.
(A) Plan required. No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan or Common Signage Plan for the zoning lot on which the sign will be erected has been submitted to the Building Administrator and approved in accordance with this chapter.
(B) Master Signage Plan. For any zoning lot on which the owner proposes to erect one or more signs requiring a permit, unless that zoning lot is included in a Common Signage Plan, the owner shall submit to the Building Administrator a Master Signage Plan containing the following:
(1) An accurate plot plan of the zoning lot, at a scale as the Administrator may reasonably require;
(2) Location of buildings, parking lots, driveways, and landscaped areas on the zoning lot;
(3) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs, and the number of freestanding monument signs allowed on the zoning lot; and
(4) An accurate indication of the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that the incidental signs need not be shown.
(C) Common Signage Plan.
(1) A Common Signage Plan may be filed with the Planning and Zoning Administrator in situations where owners of two or more contiguous lots, which are not separated by a public street, seek to share a common monument sign in lieu of installing individual single occupant business monument signs. The plan must conform to the provisions of this chapter.
(2) A Common Signage Plan must be filed with the Planning and Zoning Administrator by the owner of a single lot with more than one tenant (not including any accessory building). The sign must allow for the maximum amount of tenants of the lot to be displayed. The plan must conform to the provisions of this chapter.
(3) The Common Signage Plan shall contain all of the information required for a Master Signage Plan and shall also specify standards for consistency among all signs on the zone lots affected by the plan with regard to:
(a) Color scheme;
(b) Lettering or graphic style;
(c) Lighting;
(d) Location of each sign on the buildings;
(e) Material; and
(f) Sign proportions.
(4) Design. All freestanding identification signs, general business signs, and multipurpose signs which are part of a Common Signage Plan shall be monument signs. This division refers to freestanding monument signs in an AG, AG-B or C-3 districts, C-l, C-2, C-3, MF, PDC, PDM, and industrial/manufacturing districts. The maximum height of a sign used in a common signage plan shall be seven feet, maximum length shall be eight feet and display area, not including architectural details, shall not exceed 32 square feet. The entire sign must be located a minimum of ten feet behind a right of way line, property line, or easement line.
(a) All monument signs shall provide the numerical designation of the building served, with minimum three-inch text.
(b) Changeable copy shall not be incorporated into monument signs in this section.
(D) Showing window signs on Common or Master Signage Plan. A Common Signage Plan or Master Signage Plan including window signs may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs (such as, paper affixed to window, painted, or material hung outside window) and need not specify the exact dimensions or nature of every window sign.
(E) Limit on the number of freestanding monument signs under Common Signage Plan. The Common Signage Plan, for all zoning lots with multiple uses or multiple users, shall limit the number of freestanding monument signs to a total of one for each street on which the zoning lots included in the plan have frontage and shall provide for shared or common usage of these signs.
(F) Consent. The Master or Common Signage Plan shall be signed by all owners or their authorized agents in such form as the Planning and Zoning Administrator shall require.
(H) Amendment. A Master or Common Signage Plan may be amended by filing a new Master or Common Signage Plan that conforms with all of the procedures and requirements of this chapter and town ordinances then in effect.
(Ord. 23, § 2.50.195, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004; Am. Ord. 210-A, passed 12-10-2015)
§ 156.084 PERMIT APPLICATION; FEES.
(A) Application procedures. Application for a sign permit shall be made upon forms provided by the Building Administrator and shall contain or have attached thereto the following information:
(1) The name, address, and telephone number of the applicant;
(2) The location of the building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected;
(3) Position of the sign or advertising structure in relation to nearby buildings or structures;
(4) Two blueprints or ink drawings to scale of the plans and specifications and method of construction, attachment to the building or other structure, or placement on the ground;
(5) If required by the Building Administrator, a copy of the stress sheets and calculations showing that the structure is designed for deadload and wind pressure in any direction and in the amount required by this chapter;
(6) Master or Common Signage Plan;
(7) Name of person erecting the sign;
(8) Written consent or other proof of authorization of the owner of the building, structure, or land to which or on which the sign is to be erected; and
(9) Other information as the Building Administrator shall require to show full compliance with this chapter and any other ordinance of the town.
(B) Fees. Fees to be charged for permits issued for the erection, construction, or alteration of any sign or other advertising structure shall be determined by § 156.372 of this code.
(Ord. 23, §§ 2.50.200 and 2.50.210, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004)
§ 156.085 VIOLATIONS.
(B) In the event erection of a sign is commenced prior to the issuance of a permit, the Building Administrator shall issue a citation to the party erecting the sign and a fine shall be assessed for commencing erection without a permit, which fine shall be payable at the Town Clerk-Treasurer’s office and deposited in the town General Fund. Upon payment of the citation, if the party is in compliance in all other respects of this chapter, a permit for the sign shall be issued.
(C) Failure to obtain a permit within 48 hours following the issuance of a citation shall be deemed continuous violation of this chapter, and shall be punishable by a fine, assessed by a court of competent jurisdiction, in addition to penalties listed in division (B).
(D) All other violations shall be punishable by a fine.
(Ord. 23, § 2.50.220, passed 3-19-1997; Am. Ord. 2003-109A, passed 10-8-2004) Penalty, see § 156.999