The purpose or intent of this sign ordinance is to provide fair and comprehensive regulations that will eliminate confusing and unsafe signs, foster a good visual environment, and yet assure the efficient transfer of information.

These regulations are intended to enhance the City of York as a place to live, to conduct business, and to visit. It is declared that the regulation of signs within the city is necessary and in the public interest [to]:

a.

Protect the general public from damage or injury caused by, or partially attributable to the distractions and obstructions which are caused by improperly designed, constructed, installed, maintained or situated signs;

b.

Promote the public safety and welfare by regulating the location, erection, maintenance, size, and number of signs;

c.

Provide a pleasing overall environmental setting and good community appearance which is deemed vital to the continued economic attractiveness of the city;

d.

Minimize the possible adverse effects of signs on nearby public or private property;

e.

Improve the effectiveness of commercial and governmental signs;

f.

Allow signs appropriate to the character of each zoning district;

g.

Improve the effective use of signs as a means of communicating in the city while preventing signs from dominating the visual appearance of the area in which they are located; [and]

h.

Enable the fair and consistent enforcement of these sign restrictions.

This sign ordinance is adopted under the zoning authority of the City of York in furtherance of the general purposes set forth in the zoning ordinance.

A sign may be erected, placed, established, created, installed, or maintained in the city only in conformance with the standards, procedures, exceptions, and other requirements of this ordinance [section XIII].

The effect of this ordinance [section XIII], as more specifically set forth herein, is [to]:

a.

Establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a more limited variety of signs in other zones, subject to the standards and the permit procedures of this ordinance;

b.

Allow and provide for certain signs incidental to the principal use of the respective lots on which they are located and temporary signs in limited circumstances;

c.

Prohibit all signs not expressly permitted by this ordinance; and

d.

Provide for the enforcement of the provisions of this ordinance.

(Ord. No. 17-589, § 3, 5-7-2019)

Words and phrases used in this ordinance [section XIII] shall have the meanings set forth in this [sub]section [1.3]. Words and phrases not defined in this section [1.3] but defined in the zoning ordinance of the City of York shall be given the meanings set forth in such [zoning] ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance [section XIII].

Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Awning sign. A sign made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building.

Banner. Any sign of lightweight fabric or similar material that is temporarily mounted to a pole or a building by a 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. No commercial message of any kind is allowed on a temporary banner.

Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

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 made of bronze or other permanent material.

Building official. The individual within the city charged with the interpretation and enforcement of the sign ordinance.

Building sign. Any sign that is 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, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Any structural protective cover that shields water from any heated area of the building shall not be considered 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.

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.

Construction sign. A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. Allowed flags include: flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag shall not exceed 60 square feet in area and shall not be flown from a pole, the top of which is more than 40' in height. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

Flashing sign. A sign that uses an intermittent or flashing light source to attract attention.

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.

Home occupation sign. A sign which identifies any occupation or profession carried on within a principal residence.

Identification sign. A sign on which only the name and address of an occupant is allowed. The only exception shall be in [the] R-5 zoning district, where multifamily units will allow numbers of buildings to be included.

Illuminated sign. A sign internally or externally lighted.

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," "Loading Only," "Telephone," or other similar directives. No commercial message of any kind is allowed on an incidental sign.

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.

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.

Noncommercial sign. Any sign authorized by the city zoning code may contain a noncommercial message in lieu of any other message. A noncommercial message is a message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with applicable size, lighting, and spacing requirements.

Nonconforming sign. Any sign that does not conform to the requirements of this ordinance [section XIII].

Outdoor advertising display. A structure which advertises, attracts attention to, or directs persons to a business activity located on other than the premises where the structure is erected. Nationally advertised products or services shall not be deemed to be located on or carried on at the premises of local retail outlet or branch office.

Political sign. Any sign that relates to the election of a person to public office; to a political party; or relates to a matter to be voted upon at an election called by a public body.

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 said 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 on 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 such a manner that its leading edge extends more than eight inches beyond the surface of such a building or wall.

Residential sign. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance.

Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Roof sign, integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such 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 a person or entity, or to communicate information of any kind to the public.

Street. A strip of land or 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 said street to the farthest distant lot line intersecting the same street.

Subdivision sign. A sign identifying a land subdivision or planned development area. No advertising material, other than the name of the development, shall be indicated on the sign. This shall not include mobile home parks, campgrounds, or recreation vehicle parks.

Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. The only type of suspended sign allowed will be a small sign in the downtown business district that hangs from the underside of a canopy or portico to inform pedestrians of the name or address of a building or of an entrance.

Temporary sign. Any sign that is used only temporarily and is not permanently mounted.

Wall sign. Any sign attached parallel to, but within eight inches of, 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 such wall or building, and which displays only one sign surface.

Window sign. Any sign, picture, symbol, 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.

Zone 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 such yards and other open spaces as required by the zoning regulations.

(Ord. No. 17-589, § 3, 5-7-2019)

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 shall be computed by encompassing 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 such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

b.

Computation of area of multifaced 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 point at the same time, and when such sign faces are part of the same sign structure and are not more than 12 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 (1) existing grade prior to construction; or, (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

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 computed by applying the formula contained in Table XII 1-5 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.

Signs shall be allowed on private property in the city in accordance with, and only in accordance with Table XII-1. If the letter "A" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letters "AP" appear for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed under any circumstances in the zoning districts represented by that column.

Although permitted under the previous paragraph [of subsection 1.5], a sign designated by an "A" or an "AP" in Table XII-1 shall be allowed only if:

a.

The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is specified in Table XII-5; [and]

b.

The size, location, and number of signs on the lot conform with the requirements of Tables XII-2 and XII-3, which establish permitted sign dimensions by sign type, and with any additional limitations listed in Table XII-4.

If a sign requiring a permit under the provision of this ordinance is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of [sub]section 1.11.

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this ordinance [section XIII].

(Ord. No. 17-589, § 3, 5-7-2019)

All signs shall be designed, constructed, and maintained in accordance with the following standards:

a.

All signs shall comply at all times with applicable provisions of the Standard Building Code and electrical codes as adopted by the City of York.

b.

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance [section XIII], all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

c.

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code [section XIII] at all times.

(Ord. No. 17-589, § 3, 5-7-2019)

No signs shall be allowed in the public right-of-way, except for the following:

a.

Permanent signs. [Permanent signs], including [include]:

(1)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

(2)

Bus stop signs erected by a public transit company; [and]

(3)

Informational signs of a public utility regarding its poles, lines, pipes, or facilities.

b.

Temporary signs. Temporary signs for which a permit has been issued in accordance with [sub]section [e. of subsection] 1.11 which shall be issued only for signs meeting the following requirements:

(1)

Such signs shall contain no commercial message; and,

(2)

Such signs shall be no more than two square feet in area.

c.

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within a public right-of-way.

d.

Signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this [sub]section [1.8], shall be forfeited to the public and subject to confiscation as outlined in [sub]section 1.13. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such signs.

The following signs shall be exempt from regulation under this ordinance:

a.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

b.

Any sign that is inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located;

c.

Works of art that do not include a commercial message; and,

d.

Holiday lights and decorations with no commercial message, but only between November 15 and January 15.

e.

Any freestanding municipal gateway sign that has been approved by city council.

(Ord. No. 05-425, 9-6-2005; Ord. No. 17-589, § 3, 5-7-2019)

All signs not expressly permitted under this ordinance [section XIII] or exempt from regulation hereunder in accordance with any previous section(s) are prohibited within the city. Such signs include, but are not limited to:

a.

Signs located in public rights-of-way, except as described in [sub]section 1.8 [of section XIII].

b.

Signs located in any manner or place so as to constitute a hazard to pedestrian or vehicular traffic.

c.

Signs, flags, streamers, banners, or balloons which use wind pressure or motors or mechanical devices for moving or swirling in order to attract attention to the sign.

d.

Flashing signs or devices displaying flashing or intermittent lights or lights of changing degrees of intensity, except for time and temperature signs.

e.

Any illuminated tubing or string of lights except during the Christmas season.

f.

Portable signs, including any signs painted on or displayed on vehicles or trailers and parked with the primary purpose of providing a sign not otherwise allowed.

g.

Signs copying or imitating official government signs or which purport to have official government status.

h.

Roof signs.

i.

Sign structures no longer containing signs.

j.

Signs which emit a sound, odor, or visible matter.

k.

Signs containing statements, words or pictures of obscene, pornographic or immoral character.

l.

Signs extending above the height of the building roofline features.

m.

Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exitway.

n.

Signs imitating traffic or emergency signals.

o.

Signs using the words "STOP," "DANGER," or any word, phrase, symbol, or character in a manner that misleads, confuses or distracts a vehicle driver.

p.

Signs placed on or within any public right-of-way except historical markers or those approved by the South Carolina Department of Transportation.

q.

Signs painted on or attached to any tree, fence post, rock, telephone or utility pole, or painted on the roof of any building.

r.

Abandoned or dilapidated signs.

s.

Signs advertising an activity, service, or product no longer produced on the premises where the sign is located.

t.

Signs painted directly on the wall or any other structural part of a building.

u.

Signs on private property without consent of the owner.

v.

Signs in vicinity (within 300 feet) of historical sites or monuments, except pertaining to that particular site or monument, that detract from the visibility of the historic sign.

w.

Outdoor advertising display.

x.

Other signs not expressly allowed by these regulations.

(Ord. No. 17-589, § 3, 5-7-2019)

The following procedures shall govern the application for, and issuance of, all sign permits under this ordinance [section XIII].

a.

Applications. All applications for sign permits of any kind shall be submitted to the city building official for review on a form supplied by the City of York.

b.

Required information. The following minimum information shall be submitted as a part of the application process for a sign permit:

(1)

Name, address, telephone number, and signature of the owner or duly authorized lessee of the premises granting permission for the construction, operation, maintenance, or displaying of a sign or sign structure.

(2)

Name, address, telephone number, City of York business license number and signature of sign contractor, if any.

(3)

Street address and legal description, if necessary, of premises or property upon which sign is to be located.

(4)

The value of the sign to be installed, including installation cost.

(5)

A sketch, blueprint, blueline print, or similar presentation drawn to scale and dimensioned, showing elevations of the sign as proposed on a building façade, awning, or canopy; provided, further, the relationship to other existing adjacent signs shall also be shown. In the case of a freestanding sign, the sketch shall include a site plan showing the sign location and any existing or proposed landscaping which is affected by such sign.

(6)

Such other information as the building official may require which is necessary to verify full compliance with all applicable provisions contained in the Municipal Code of Ordinances.

c.

Review process for application. The building official shall review it for completeness. If the building official finds the application complete as specified, the application shall be processed. If the building official finds that the application is incomplete, the official shall send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this ordinance [section XIII].

d.

Fees. Each application for a sign permit shall be accompanied by the applicable fees.

e.

Issuance of permit. The building official shall either:

Issue the sign permit, if the sign that is the subject of the application conforms in every respect to the requirements of this ordinance [section XII]; or

Reject the sign permit if the sign that is the subject of the application fails in any way to conform with the requirements of this ordinance. In case of a rejection, the building official shall specify in the rejection the section or sections of the ordinance [section XIII] with which the sign is inconsistent.

f.

Inspection. The building official shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this ordinance [section XIII] and with all applicable building and electrical codes, the building official shall affix to the premises a permanent symbol identifying the sign and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this ordinance [section XIII] and applicable codes, the building official shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the building official shall affix to the premises the permanent symbol described above [in this subsection f.].

g.

Display of permit. Following completion of a satisfactory final inspection, the building official shall issue and affix a permit to the sign. Under no circumstances may the permit tag be moved from one sign to another, nor may the sign to which it is attached be relocated to another location. If a permit tag is lost, defaced, destroyed, or otherwise becomes illegible through normal wear or an act of vandalism, a renewal application shall be submitted to the building official.

(Ord. No. 17-589, § 3, 5-7-2019)

The owner of a zone lot containing signs requiring a permit under this ordinance [section XIII] shall at all times maintain in force a sign permit for such property.

a.

Initial sign permit. An initial sign permit shall be automatically issued by the building official covering the period from the date of the inspection of the completed sign installation, construction, or modification through the last day of the business year for business licenses.

b.

Subsequent sign permits. Sign permits shall be issued for 12 months. Sign permits shall be renewable annually at the same time business licenses are renewed. Renewal applications shall contain a representation by the applicant that no change in signage has been made or shall contain dimensions, drawings, and photos of any changes.

c.

Lapse of sign permit. A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice from the city to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.

d.

Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the building official may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

e.

Temporary sign permits (private property). Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:

Term. A temporary sign permit shall allow the use of a temporary sign for a specified 30-day period.

Number. Only one temporary sign permit shall be issued to the same business license holder on the same zone lot in any calendar year.

Other conditions. A temporary sign shall be allowed only in districts with the letters "AP" for Temporary Signs on Table XII-1 and subject to all of the requirements for temporary signs as noted therein.

[Allowed temporary signs.] The following temporary signs are allowed (with pertinent restrictions noted):

(1)

One nonilluminated "For Sale," "For Rent," or "For Lease" sign not exceeding four square feet in area in residential districts or ten square feet in other than residential districts (defined as B1, HC and GI zones). The sign shall be located a minimum of six feet from the edge of the street pavement or on the property side of the sidewalk, whichever is farther from the edge of the street pavement. Larger sign areas may be allowed in commercial districts upon review by the planning commission.

(2)

One nonilluminated sign, not exceeding 20 square feet in area, displaying the name of the building, the contractors, the architects, the engineers, the owners, the financial, selling, and development agencies, is permitted upon the premises of any work under construction, alteration, or removal. The sign must be removed once a certificate of occupancy is issued for the project.

(3)

One nonilluminated temporary subdivision sign not exceeding 20 square feet in area announcing a land subdivision development is permitted on the premises of the land subdivision. The sign shall be set back not less than ten feet from the right-of-way of any street or from any boundary line of the land subdivision. The sign may be erected for a period of no longer than six months.

(4)

For churches and schools, an unlimited number of permitted signs is allowed.

(5)

The installation of political signs shall be governed by the regulations contained in this subsection. A political sign is defined as a sign that relates to the election of a person to public office; to a political party; or relates to a matter to be voted upon at an election called by a public body.

(a)

Each political sign shall be no larger than six square feet.

(b)

Illumination of a political sign is not allowed.

(c)

Political signs shall not be displayed on any building, tree, power pole, telephone pole, or signpost.

(d)

Political signs shall not be posted within 200 feet of any building wherein a polling place is located.

(e)

Political signs shall be removed within ten days after the election. A candidate who wins a primary may leave signs in place until ten days after the general election.

(Ord. No. 03-375, 5-6-2003; Ord. No. 17-589, § 3, 5-7-2019)

Editor's note— Ord. No. 03-375, adopted May 6, 2003, repealed § 1.13, which pertained to bringing signs into compliance with the ordinance.

[Criteria concerning violations, notice, sticker, and impoundment are as follows:]

a.

[Activities in violation of sign ordinance.] Any of the following shall be a violation of this ordinance [section XIII] and shall be subject to the enforcement remedies and penalties provided by this ordinance [section XIII], by the zoning ordinance, and by state law:

(1)

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

(2)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3)

To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or,

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance [section XIII].

Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance [section XIII].

b.

Violation notice. The building official and duly authorized staff shall have the authority to issue a sign violation notice and shall be empowered to enter upon the premises of any person subject to this article for the purpose of enforcing the provisions herein.

c.

Violation sticker. When a sign is installed, created, erected, or maintained in any way that is inconsistent with this ordinance [section XIII], including the failure to secure a required sign permit, the building official shall use the following procedure:

(1)

The building official shall attach a highly visible sticker reading "VIOLATION" to the face of the sign. The sticker shall include the date that it was attached to the sign and instructions to call the planning department to get a permit for the sign or additional information concerning compliance. It shall be unlawful for any person other than the building official to remove the violation sticker attached to the sign.

(2)

If, within seven days, the owner of the sign fails to contact the planning department, bring the sign into conformance with this ordinance [section XIII], or get a permit for the sign, the building official shall have the sign removed and impounded without any further notice.

d.

Impoundment of signs.

(1)

The building official and other duly authorized staff shall have the authority to remove all signs, without notice to the owners thereof, placed within any street or highway right-of-way. Signs attached to trees, fence posts, telephone or utility poles, other natural features, or signs otherwise prohibited by this ordinance [section XII], and to impound them for a period of ten days.

(2)

The owner of a sign impounded may recover same upon the payment of dollars $50.00 for each sign, prior to the expiration of the ten-day impoundment period. In the event that it is not claimed within ten days, the building official shall have authority to dispose of such sign.

(Ord. No. 17-589, § 3, 5-7-2019)

Any person who violates the provisions of this article [section XIII] upon conviction shall be guilty of a misdemeanor and shall forfeit and pay such penalties as the court may decide, not to exceed $500.00 or 30 days' imprisonment, or both, at the discretion of the court for each violation. Each day's continued violation shall constitute a separate offense.

(Ord. No. 17-589, § 3, 5-7-2019)

Signage regulations currently governing R-16 zoning districts shall also apply to R-12 zoning districts.

A Allowed without sign permit
AP Allowed with sign permit
N Not allowed
NA Not applicable

TABLE XII-1

PERMITTED SIGNS BY TYPE AND ZONING DISTRICT ¹

Note 1: Proposed signage in the historical district is allowed upon review by the historical commission.

Note 2: Whether by physical, electronic, or other similar means, changeable copy signage for a gas station property is allowed per the following:

• A single, changeable copy sign is allowed for each gas station/convenience store property;

• The maximum allowable area for a gas station canopy sign shall be governed by Table 12.3 and shall not exceed 42.5 sq ft;

• The specifications for a freestanding sign shall be governed by Table 12.2; and

• The sign content shall remain constant unless manually changed. This may be done by means of physically changing the content of the signage or by remotely electronically changing the content of the signage, but such signage may not in any manner be constantly changing nor automatically updating, nor have the capacity or ability to be constantly changing nor automatically updating.

TABLE XII-2

FREESTANDING SIGN REGULATIONS ^{3, 4}

Note 1: Special exception by board of zoning appeals.

Note 2: Signage regulations for schools, churches, residential uses (other than one- and two-family dwellings), and legal nonconforming uses shall be determined by special exception by the board of zoning appeals.

Note 3: For shopping centers and aggregate business complexes occupying the same lot, one common freestanding identification sign is allowed. Requirements for the common freestanding identification sign shall be determined by special exception by the board of zoning appeals.

Note 4: Proposed signage in the historical district is allowed upon review by the historical commission.

Note 5: Special exception approval is not required for a replacement sign where the existing sign was destroyed or damaged through no intentional fault of the property owner or tenant and the following conditions are met:

• The replacement sign is no larger or taller than the previously existing sign (under no conditions shall the replacement sign exceed 20 square feet in area or six feet in height);

• The character of the replacement sign (illumination, type, etc.) is in keeping with the original sign; [and]

• All other requirements of the city code are adhered to.

Note 6: Whether by physical, electronic, or other similar means, changeable copy signage for a gas station property is allowed per the following:

• A single, changeable copy sign is allowed for each gas station/convenience store property;

• The maximum allowable area for a gas station canopy sign shall be governed by Table 12.3 and shall not exceed 42.5 sq ft;

• The specifications for a freestanding sign shall be governed by Table 12.2; and

• The sign content shall remain constant unless manually changed. This may be done by means of physically changing the content of the signage or by remotely electronically changing the content of the signage, but such signage may not in any manner be constantly changing nor automatically updating, nor have the capacity or ability to be constantly changing nor automatically updating.

TABLE XII-3

WALL-MOUNTED SIGN REGULATIONS ²

Note 1: Signage regulations for schools, churches, residential uses (other than one- and two-family dwellings), and legal nonconforming uses shall be determined by special exception by the board of zoning appeals.

Note 2: Proposed signage in the historical district is allowed upon review by the historical commission. For the purpose of calculating the maximum allowable wall signage in the historical district, only the exterior façade associated with the first floor commercial tenant(s) shall be utilized in the calculation.

Note 3: Signage for façades larger than 10,000 square feet in area shall be approved by special exception by the board of zoning appeals when the proposed wall signage exceeds 500 square feet. In no case shall the wall signage area exceed five percent of the façade area.

Note 4: Incidental neon signs are allowed in the B1 and historical district zoning classifications subject to the following:

• Limit one sign per business;

• Signs are to be no larger than two square feet in total size.

• Signs are to be displayed on the inside of the window or door.

• All lighing within the sign is to be constant; i.e., no flashing, blinking or any other motion of light.

Note 5: Whether by physical, electronic, or other similar means, changeable copy signage for a gas station property is allowed per the following:

• A single, changeable copy sign is allowed for each gas station/convenience store property;

• The maximum allowable area for a gas station canopy sign shall be governed by Table 12.3 and shall not exceed 42.5 sq ft;

• The specifications for a freestanding sign shall be governed by Table 12.2; and

• The sign content shall remain constant unless manually changed. This may be done by means of physically changing the content of the signage or by remotely electronically changing the content of the signage, but such signage may not in any manner be constantly changing nor automatically updating, nor have the capacity or ability to be constantly changing nor automatically updating.

TABLE XII-4

SIGN CHARACTERISTIC REGULATIONS BY ZONING DISTRICT ²

Note 1: By special exception by board of zoning appeals.

Note 2: Proposed signage in the historical district is allowed upon review by the historical commission.

Note 3: Internal illumination of wall signage is allowed as long as the subject wall façade faces a code-defined major street and the property is not adjacent to a R15, R12, R7, R5 or MH zoning district.

Note 4: Whether by physical, electronic, or other similar means, changeable copy signage for a gas station property is allowed per the following:

• A single, changeable copy sign is allowed for each gas station/convenience store property;

• The maximum allowable area for a gas station canopy sign shall be governed by Table 12.3 and shall not exceed 42.5 sq ft;

• The specifications for a freestanding sign shall be governed by Table 12.2; and

• The sign content shall remain constant unless manually changed. This may be done by means of physically changing the content of the signage or by remotely electronically changing the content of the signage, but such signage may not in any manner be constantly changing nor automatically updating, nor have the capacity or ability to be constantly changing nor automatically updating.

TABLE XII-5

MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT ¹

The maximum total area of all signs on a zone lot, except incidental, building marker, and identification signs and flags, shall not exceed the lesser of the following:

Note 1: Proposed signage in the historical district is allowed upon review by the historical commission.

Note 2: Due to requirements of Note 3, Table XII-3, the board of zoning appeals may allow larger areas by special exception.

(Ord. No. 00-331, 11-9-2000; Ord. No. 03-383, 10-7-2003; Ord. No. 05-435, 1-3-2006; Ord. No. 07-461, 10-2-2007; Ord. No. 13-545, 6-4-2013)