Chapter 17.06

SIGN REGULATIONS

Section:

17.06.010 Purpose

17.06.020 Scope

17.06.025 Existing Non-Conforming Signs

17.06.030 Prohibited Signs

17.06.035 Signs Requiring Variance Permit

17.06.040 General Restrictions and Limitations for all Districts

17.06.050 Regulations for Specific Districts

17.06.070 Structural Safety and Maintenance of Signs

17.06.080 Administrative Procedures

17.06.010 Purpose:

A. The purpose of this chapter is to establish regulations for signs in order to promote the public health, safety and general welfare. It is further the intention of this chapter to harmonize the legitimate private purposes of signs, that is, the identification and promotion of the seller to the buyer, with public purposes. Public purposes include considerations of traffic safety and economic and aesthetic welfare. Unregulated signs may divert the driver's attention from the road, causing a traffic hazard. In addition, conflicts between private signs and traffic control signs result in unsafe traffic conditions. The economic base of the Town is, to some extent, dependent upon maintaining an attractive area, both as to natural and manmade features, in which to visit, live and work.

B. Regulation of signs also serves to promote the private purposes of signs. Signs have become larger, more numerous and more expensive as a result of competition for attention. This competition of signs has, in some cases, defeated the very purpose for which they were created. The elimination of destructive competition between signs thus enhances the private purposes of signs as well as promotes the public health, safety and general welfare.

17.06.020 Scope:

This chapter applies to all existing and future signs within the corporate boundaries of the Town, but does not apply to signs located within a building or structure.

17.06.025 Existing Non-Conforming Signs:

All signs in existence at the time of adoption of this ordinance that do not conform to the provisions of this chapter shall be deemed legal signs. Their status as legal signs, by the fact that it existed at the time of the adoption of this ordinance expires and becomes subject to the provisions of this chapter at the time one of the following actions are taken:

A. The sign message board structure or its support structure is altered.

B. The business at the site is changed.

C. The property upon which the sign is located or the property to which an off-premises sign is credited is sold to another owner.

D. A building upon which a sign has been constructed is destroyed or severely damaged by fire or by natural disaster that results in the removal of the damaged building.

E. A sign message board structure or its support structure has been destroyed or severely damaged by fire or by natural disaster that results in the removal of the damaged sign.

F. The property upon which the sign is located or the property to which an off-premises sign is credited is abandoned or unoccupied for a continuous period of 170 days.

Regular and routine maintenance or the changing of the sign message of a non-conforming sign does not alter the legal status of the sign.

17.06.030 Prohibited signs:

The following signs are prohibited in all districts within the municipal boundaries of the Town, except as specifically allowed as temporary signs:

A. Banners, streamers, pennants and balloons.

B. Any sign using the words "stop", "look" or "danger," or any other word, symbol or character which might confuse traffic or detract from any legal traffic control devices.

C. Stationary motor vehicles, trailers and related devices used to circumvent the intent of this chapter.

D. Signs which are pasted or attached to utility poles, trees, fences or other signs, or to rocks or natural features.

E. Signs within seventy-five (75) feet of the public right-of-way which are animated, revolving more than eight (8) revolutions per minute, blinking or flashing, except public service signs such as those which give the time, temperature and humidity.

F. All lighted signs which are adjacent to and directed toward a residential district and which detract from the welfare of the residential district.

G. Portable signs, except temporary signs as permitted under subsection 17.06.040Q.

17.06.035 Signs Requiring Variance Permit:

The following signs are prohibited in all districts within the municipal boundaries of the Town, except as specifically allowed by the Town Council as a variance Sec. 17.09:

Roof signs

17.06.040 General Restrictions and Limitations for all Districts:

A. Signs in street right-of-way or future street right-of-way: No sign shall be located in or project into the present or future right-of-way of any public street unless other provisions of this section specifically authorize such location or projection.

B. Signs interfering with sight distance: No sign shall be so designed or constructed as to interfere with the sight distance of motorists proceeding on or approaching adjacent streets, alleys, driveways or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways.

C. Signs over driveways: No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than fifteen (15) feet above the surface of the driveway.

D. Signs over public sidewalks and pedestrian ways: No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight and one-half (8 1/2) feet above the surface of the sidewalk or pedestrian way, and no sign may project more than seventy-five (75) percent of the distance between the property line and the curb line except for signs attached to the underside of a canopy or other architectural projection.

E. Directional signs: Directional signs and signs indicating entrances, exits, service areas and parking areas shall be excluded from the sign provisions of this title, and may be erected on private property upon approval of the Town Council. These signs shall not contain advertising or promotional information other than a company logo, and may be restricted in size.

F. Removal of signs on closure of business: Upon the closure and vacation of business or activity, the owner of the business or activity shall have one hundred twenty (120) days from the date of closure to remove all signs related to the business or activity.

G. Window signs: Window signs shall be considered as a sign and computed as part of the aggregate sign area and number of signs. Any painted-over window shall be considered as a wall. The following signs, if not used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit:

1. Decals indicating credit cards honored.

2. Banners or posters on the inside of windows. Such signs may be used in conjunction with national advertising programs, or as weekly marketing specials, or as decorations customary for special holidays.

H. Painted signs: Signs painted on exterior wall, window or structure of any kind shall be computed as part of the aggregate sign area and number of signs.

I. Barber poles: In addition to any other signs authorized by the provision of this chapter, any barbershop shall be entitled to display a barber pole. The design of the pole and its location and manner of erection shall be subject to the approval of the Town Council.

J. Credit card signs: Signs indicating credit cards honored may be displayed in window or entrance areas of business establishments. Such signs are not computed as part of the aggregate sign area and do not require a permit.

K. Institutional signs: For churches, schools, hospitals, public facilities and institutional uses, one (1) double-faced freestanding or wall identification sign is permitted for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage. However, each use is guaranteed a minimum sign area of twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. Freestanding symbols of sculpture used as identification may be permitted with the approval of the Town Council. The Town Council may also approve wall signs, lettering or symbols.

L. Gate or entrance sign: Gate or entrance signs may be permitted, and may be located in public rights-of-way, if approved by the Town Council.

M. Community bulletin board: Subdivisions and residential communities may be allowed to erect a permanent structure as a community bulletin board if approved by the Town Council.

N. Business hours signs: Signs stating business hours shall be excluded from the provisions of this title, and may be erected upon private property. These signs shall not contain advertising or promotional information other than a company logo. Maximum number permitted shall be one (1) per entrance, with a maximum size of four (4) square feet.

O. Public service signs: Non-advertising or non-promotional signs may be erected as a public service to the community by public service clubs or other nonprofit organizations. Such signs may be located in any zone upon approval by the Town Council.

P. Real estate signs: Real estate signs are permitted as follows. No sign permit is required.

1. Residential uses:

a. Single-family dwellings and duplexes: One (1) real estate sign shall be permitted for each street frontage of a lot. The sign may have two (2) faces, shall not exceed a height of five (5) feet above the surface of the street unless placed in a window, shall not exceed an area of four (4) square feet per face, and shall be unlighted.

b. Multiple-family dwellings: One (1) real estate sign shall be permitted for each street frontage of a development. The sign shall not exceed an area of twelve (12) square feet, shall be attached flat against a principal building, shall not project above the eve of the roof or the top of the parapet of the building, and shall be unlighted.

2. Commercial and industrial uses: One (1) real estate sign shall be permitted for each public entrance, but there shall not be more than four (4) signs per lot. The sign shall not exceed an area of eight (8) square feet, shall be attached flat against the building or freestanding, shall not project above the eve of the roof or the top of the parapet of the building, and shall be unlighted.

3. Unimproved acreage: One (1) real estate sign shall be permitted for each lot. The sign shall not exceed an area of one-fourth square foot for each foot of lot frontage and shall not in any event exceed fifty square feet (50). The sign shall not exceed a height of ten (10) feet above the surface of the nearest street, and shall be unlighted.

Q. Temporary signs: Temporary signs may be authorized by the Town Council for a time period specified for each type of temporary sign.

1. Temporary subdivision or apartment signs: A temporary real estate sign declaring a group of lots, dwellings or occupancies within a subdivision or apartment complex for sale or rent shall be permitted subject to the following conditions:

a. One (1) such sign shall be permitted for each street frontage of the premises being sold or leased. The sign shall be located on the premises being sold or leased.

b. The area of such signs shall not exceed an area of thirty-two (32) square feet each.

c. The signs shall not exceed a height of ten (10) feet above the level of the street.

d. The signs shall be unlighted.

e. The signs shall not interfere with the sight distance of pedestrians and motorists proceeding on or approaching adjacent streets.

f. The signs may remain as long as the project remains unsold or un-leased, or for one (1) year, whichever period shall be lesser; provided, however, that the Town Council shall have the authority to extend the time period one (1) year.

2. Nonpolitical campaign signs: Temporary nonpolitical signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization may be allowed upon any lot. Such signs may be posted thirty days (30) prior to the event, drive, campaign, etc. Such signs shall be removed within seven (7) days after the event, drive, campaign, etc. If not removed within this time, the Town may remove the sign and charge the organization a $20.00 fee, for removal and return of the sign.

3. Construction signs: One (1) sign identifying a project under construction shall be permitted for each street frontage of the building or structure under construction. The sign may contain the name of the building contractor and his subcontractors, the architect and the engineer. The sign shall be permitted during the period of construction, and shall not exceed a total of fifty square feet (50) for all faces.

4. Grand openings and special events signs: Special permits may be issued by the Mayor for a period not to exceed thirty (30) days for banners, balloons, streamers and temporary or portable signs for special events such as carnivals, outdoor affairs and sales, grand openings and events of a similar nature. The Mayor may extend the special permit for an additional 30 days.

5. Religious gathering signs: Temporary signs of no more than twelve (12) square feet per sign face may be erected that direct the religious participants to the site of a religious event. The signs may be erected two hours before the religious event and need to be removed two hours after the close of the event. No sign permit is required for this type of sign.

R. Portable A-frame sandwich board signs:

A portable A-frame or similarly designed sign, which is no greater than thirty-six (36) inches wide by forty-eight (48) inches tall.

a. Not more than one (1) sandwich board sign may be utilized by retail uses in the business or light industrial districts. Corner lots may have two signs one on each block face. They are not permitted in any other districts.

b. Portable A-frame sandwich board signs are permitted on the business premises only.

c. Portable A-frame sandwich board signs shall not be placed on the public right-of-way.

S. Murals: Murals that are judged to be artistic or historic in nature may be exempt from the sign code provisions by the Planning Commission and the Town Council.

17.06.050 Regulations for Specific Districts:

In all districts the Town Council shall have the option to waive sign type requirements in unique and special cases where due to building design or other special circumstances the development is unable to conform to stated standards.

A. Signs permitted in residential districts:

1. Identification signs for single-family dwellings and duplexes: One (1) identification sign is permitted per occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area.

2. Identification signs for multifamily dwellings: One (1) identification sign shall be permitted for each development, except that multiple-family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding.

3. Farm product identification signs: No permit is required, but such signs may not be located in the public right-of-way.

B. Signs permitted in Commercial districts: The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area.

1. Identification signs for occupancies: Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and two (2) additional signs.

a. Freestanding sign: The freestanding sign shall not exceed a height of twenty-eight (28) feet. The maximum sign area permitted is one hundred sixty (160) square feet for the total of all faces. No one (1) face shall exceed eighty square feet (80). The sign may be illuminated.

b. Additional signs: Two (2) additional signs shall be permitted subject to the following restrictions:

(1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed.

(2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may not exceed fifteen (15) square feet in outside dimension.

2. Identification signs for shopping centers: One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is one hundred sixty (160) square feet for the total of all faces. No one (1) face shall exceed eighty square feet (80). A freestanding sign shall not exceed a height of twenty-eight (28) feet, and may be illuminated.

3. Automobile service station signs: The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of lot frontage, and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area.

a. Freestanding signs: One (1) freestanding lighted double-faced identification sign, not exceeding one hundred fifty (150) square feet for the total of all faces, with no such face exceeding seventy-five (75) square feet, is permitted. Such sign shall not exceed a height of twenty-eight (28) feet. If on a corner lot, two (2) monument signs not exceeding sixty square feet (60) per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet.

b. Additional signs: Two (2) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. If an automobile service station does not have a freestanding sign, the total area of all signs, graphics or other advertising shall not be more than thirty (30) percent of the building facade to which they are attached or on which they are displayed.

c. Fuel price signs: Fuel price signs shall be exempt from the aggregate sign area, but shall be limited to thirty square feet (30) total.

4. Farm product identification signs: No permit is required, but such signs may not be located in the public right-of-way.

C. Signs permitted in industrial districts:

1. Aggregate sign area: The aggregate sign area for lots in the industrial district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area.

a. Identification signs for buildings: One Identification Sign (1) is permitted per lot on each street frontage, which may be a freestanding sign or wall sign. The maximum sign area permitted for a freestanding sign is one hundred sixty (160) square feet for the total of all faces. No one (1) face shall exceed eighty square feet (80). If the sign is a wall sign its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated.

b. Identification signs for occupancies: One (1) identification sign shall be permitted per occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be thirty (30) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection C.1.a of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage.

2. Farm product identification signs: No permit is required, but the sign may not be located in the public right-of-way.

D. Signs permitted in planned unit developments, mobile/manufactured home parks and for conditional uses: All signs in planned unit developments, mobile/manufactured home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. The Town Council might grant subsequent changes, which conform to the adopted signing program.

E. Signs permitted in shopping centers: The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of thirty square feet (30) shall be permitted for any occupancy. No combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten-square-foot sign may be attached to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway.

17.06.070 Structural Safety and Maintenance of Signs:

All parts, portions, units and materials composing a sign, together with the frame, background, supports or anchorage thereto, shall be maintained in a proper state of safety and repair and a proper state of preservation. The surface of all signs shall be kept neatly painted.

17.06.080 Administrative Procedures:

A. Permits:

1. To ensure compliance with the regulations of this chapter, a permit shall be required for all signs hereafter installed or altered within the corporate boundaries of the Town, except those signs enumerated in subsection A.2 of this section. No sign shall be erected, installed, applied, affixed, altered or relocated without a permit from the Town Planner. The sign permit shall certify that the sign, as represented by plans, drawings or statements, is in conformance with the regulations of this chapter.

2. The following signs must conform with the regulations of this chapter but may be erected, installed, affixed, altered or relocated without a sign permit:

a. For Sale, lease or rent signs.

b. Farm signs.

c. Residential signs for single-family dwellings.

d. Political signs within one and a half months of voting day.

3. The following information must be provided as part of the application for a sign permit:

a. Name, address and phone number of the applicant and the property owner if other than the applicant.

b. Name and address of the activity for which the sign is intended and parcel number of land on which it is to be placed.

c. Three (3) copies of a dimensional drawing showing the type of sign as designated in this chapter, and, if lighted, the method of illumination, and the height of the sign.

d. Three (3) copies of a dimensional plot plan, accurate as to scale, showing all structures, the abutting right-of-way line of each street, and location of proposed sign and each existing sign on the property.

e. If the sign is a wall sign, submit three (3) copies of an elevation of the building facade. This elevation shall be fully dimensional and accurate as to scale. It shall show the proposed sign and each existing sign.

f. One (1) or more photographs (snapshots are adequate) showing the location of the proposed sign and its relationship to the remainder of the property.

g. A minimum of two (2) copies of a plot plan showing the location of the proposed sign with computations, diagrams and other data sufficient to show proper structural stability of the installation.

B. Fees and deposits: Fees shall be governed by the fee resolution contained in the building code adopted by the Town.

C. Availability for inspection: The applicant shall make the premises upon which the sign is to be erected available for inspection by the Town building inspector.

D. Public Hearing Notification: The Town Clerk shall advise the applicant as to the date of the Town Council’s consideration of the application. The applicant shall be present at the Town Council Meeting, or the Town Council may, at its discretion, deny the application for the applicant’s failure to appear.

E. Considerations: The Town Council shall consider, and require compliance with, the following factors in reaching its decision:

1. The sign shall further the purpose of this sign code, as said purpose is set forth in Section 17.06.010;

2. The sign shall comply with applicable state, county, and Town building and fire codes; and

3. All permanent signs must meet the standards applicable to commercial signs as set forth in this chapter.

F. Appeals: In order to provide for a system of appeals from administrative decisions in the interpretation of this section, the Town Council shall, upon proper application, render a decision as to whether the administrative decision was a reasonable interpretation and application of the provisions of this chapter.

G. Abatement of illegal signs: Any sign that violates the provisions of this chapter shall be deemed a public nuisance and shall be in lien against the property on which the sign was maintained and a personal obligation against the property owner. The property owner shall first be served with a notice to abate the nuisance within seven (7) days. After those seven days, illegal signs may be removed by the Utility Department at the owners expense and the owner shall be given notice that the sign will be destroyed if not claimed within ten (10) days.

If a person upon whom a notice has been served believes the sign conforms to the town code, or needs additional time to correct the deficiency, then he may appeal the Building Inspector’s finding to the Town Council. The appeal shall be taken by giving written notice to the Town Clerk within five days after the Building Inspector gives said notice. If the notice is not timely given to the Town Clerk, then the Building Inspector’s decision shall be deemed final and binding.

Appeal of the abatement notice may be made to the Town Council. If, after such a hearing, the Town Council orders agents of the Town to remove the nuisance, they shall have authority to enter upon private property to remove the nuisance.

H. Variances:

1. Upon proper application, the Town Council may grant Variances from the terms of this chapter. Variances may be granted when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict interpretation of the regulations of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications. Any recommendation by the Planning Commission shall be heard by the Town Council, which shall grant the final decision.

2. The variance shall not constitute a grant of special privilege inconsistent with a limitation upon uses of other properties in the vicinity and zone in which such property is situated.