Chapter 17.22 - SIGN REGULATION IN GENERAL BUSINESS ZONE

The purpose of this section is to accommodate and promote sign placement consistent with the character and intent of the zoning district, proper sign maintenance, elimination of visual clutter, and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use and maintenance of signs within the town shall occur in accordance with this chapter.

(Ord. 575, 2002)

17.22.020 - Definitions.

For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein.

"Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event related to the present occupant or use.

"Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state, local flags or any official flag at an institution or business will not be considered banners.

"Canopy sign" means any sign that is 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.

"Changing message center sign" means an electronically controlled sign where different automatic changing messages are shown on the lamp-bank. This definition includes time and temperature displays.

"Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended.

"Directional sign." See definition of "on-premise sign."

"Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper.

"Flashing sign" means an electric sign or a portion thereof (except changing message center) which changes light intensity in a sudden transitory burst, or which switches on and off with a constant pattern in which more than one-third of the non-constant light source is off at any one time.

"Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground.

"Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management.

"Multiple-building complex" is a group of structures housing two or more retail offices, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use. (See Section 17.22.130).

"Multiple-tenant building" is a single structure housing two or more retail offices, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple building complex shall be considered a single use. (See Section 17.22.130).

"Off-premise sign" means a sign which advertises or promotes merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which the sign is located.

"On-premise sign" means a sign incidental to a lawful use of the premise on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, name of the person, firm or corporation occupying the premises.

"On-premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations.

"Political sign" means a sign advertising a candidate or candidates for public elective offices or a political party, or sign urging a particular vote on a public issue decided by ballot.

"Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material which is not attached to the ground or a structure. This definition includes sidewalk, sandwich boards and portable reader boards (also see definition of "temporary sign").

"Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face.

"Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings.

"Roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. (See Section 17.22.100).

"Sign" means any medium, including its structural component parts, which is used or intended to attract attention to the subject matter that identifies, advertises and/or promotes an activity, product, service, place, business, or any other thing.

"Sign area" means that area contained within a single continuous perimeter which encloses the entire sign cabinet, but excluding any support of framing structure that does not convey a message.

"Sign cabinet" means the module or background containing the advertising message but excluding sign supports, architectural framing, or other decorative features which contain no written or advertising copy.

"Sign height" means the vertical distance measured from the grade below the sign or up per surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign.

"Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet.

"Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner lots, each street side property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages.

"Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials and portable signs as defined above. Types of displays included in this category are grand opening, special sales, special event and garage sale signs.

"Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district.

"Wall sign" means any on-premise sign attached to or painted directly on, or erected against and parallel to the wall of a building. (See Section 17.22.110).

"Window sign" means any sign, pictures, 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.

(Ord. 575, 2002)

17.22.030 - Building permit required.

No sign governed by the provisions of this title shall be erected, structurally altered or relocated after the adoption of this title without first receiving a building permit from the building official.

A. For New Uses. All on-premise signs are accessory uses and shall be subject to the same procedural and review requirements as the principle use.

B. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires review and approval by the building official.

(Ord. 575, 2002)

17.22.040 - Exempt signs.

Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this chapter are met:

A. Window signs;

B. Point of purchase displays, such as product dispensers;

C. Gravestones;

D. Barber poles;

E. Historical site plaques;

F. Structures intended for a separate use such as phone booths, Goodwill containers, etc.;

G. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice;

H. Directional, warning or informational signs or structures required or authorized by law, or by federal, state, county or town authority;

I. Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations;

J. Political signs which, during a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided such signs shall not be posted more than ninety (90) days before the election to which they relate and are removed within fifteen (15) days following the election;

K. Construction and real estate signs not exceeding thirty-two (32) square feet in sign area;

L. All temporary signs (Section 17.22.020), except portable signs;

M. Church, school, or community center name and/or reader boards not exceeding thirty-two (32) square feet in sign area;

N. Canopy and awning signs;

O. On-premises signs not readable from the public right-of-way, i.e., menu boards, etc.;

P. On-premise directional signs;

Q. Official public or court notices issued by a government agency or body or required or provided for under adopted statute;

R. Government signs, those placed by government to identify governmental buildings etc.

(Ord. 575, 2002)

17.22.050 - Prohibited signs.

The following signs are prohibited:

A. Signs on any vehicle or trailer that is parked on public or private property and visible from a public right-of-way for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs which are painted on or magnetically attached to any vehicle operating in the normal course of business;

B. Off-premise signs and billboards;

C. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal;

D. Signs attached to utility, street light, and traffic-control standard poles;

E. Swing projecting signs;

F. Signs in a dilapidated (having peeling paint, major cracks or holes, and/or loose or dangling materials) or hazardous condition;

G. Abandoned signs;

H. Signs on doors, windows, or fire escapes that restrict free ingress or egress;

I. Any other sign not meeting the provisions of this chapter.

(Ord. 575, 2002)

17.22.060 - Sign maintenance.

A. General Requirements. Signs shall be maintained in good order and repair at all times so that they do not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks, and loose and dangling materials. Signs that are not maintained in this manner shall be considered prohibited signs.

B. Nonconforming Sign Maintenance and Repair. Nothing in this title shall relieve the owner or user of a legal nonconforming sign and the owner of the property on which the nonconforming sign is located from the provisions of this section regarding safety, maintenance, repair, and/or removal of signs.

(Ord. 575, 2002)

17.22.070 - Sign standards.

Unless exempt or otherwise determined by this chapter, each property is entitled to one sign not to exceed the height of the building and two hundred (200) square feet of sign area.

(Ord. 575, 2002)

17.22.080 - General provisions.

All signs shall comply with the following provisions:

A. Construction shall satisfy the requirements of the Uniform Building Code.

B. Except for exempt signs, all signs shall be permanently attached to a building or the ground.

C. Signs attached to a building shall not exceed the height of the building, except as otherwise permitted by this chapter.

D. All signs shall comply with the setback requirements, except when the side or rear yard is a street frontage, then the front setback shall apply.

E. Lighting directed on or internal to any sign shall be shaded, screened or directed so that the light intensity or brightness shall not adversely affect neighboring property or motor vehicle safety.

F. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner.

G. The ratio of the area sign support, framing structure, and/or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1.

H. A clear-view triangle shall be maintained to all driveways and curb cuts for vision safety purposes.

1. Clear-view triangles are defined as follows:

a. One angle shall be formed by lines a and b which are adjacent to the street and driveway. The line adjacent to the street shall follow the curb line or improved travel way. The sides of the triangle (a and b) forming the corner angle shall be fifteen (15) feet in length. The third side of the triangle shall be a straight line connecting points c and d. No sign shall be placed within this triangle so as to materially impede vision between the heights of two and one-half and ten feet above the centerline grade of the streets.

I. No freestanding signs shall be placed in the clear-view triangle.

J. Any exterior lighting must be shielded and directed away from adjoining streets or residential uses.

(Ord. 575, 2002)

17.22.090 - Projection over right-of-way.

Projecting and freestanding signs shall comply with the following provisions:

A. No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached.

B. All signs projecting over public rights-of-way shall conform to the following standards:

Clearance Above Grade	Maximum Projection
Less than 8 feet	Not permitted
8 feet to 9 feet	1 foot
9 feet to 10 feet	2 feet
Over 10 feet	the distance from building to curb line or a maximum of 10 feet.

No sign shall project within two feet of the curb line.

(Ord. 575, 2002)

17.22.100 - Roof signs.

All roof signs shall comply with the following provisions:

A. Roof signs shall be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be part of the building itself.

B. Roof signs must not exceed the maximum allowable height of the building within the district in which it is located.

C. All roof signs shall be installed or erected in such a manner that there is no visual support structure.

(Ord. 575, 2002)

17.22.110 - Wall signs.

All wall signs shall conform to the following provisions:

A. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than twelve (12) inches from the wall.

B. The number of wall signs is not regulated; provided the total area of the wall sign(s) may not exceed the area of the wall to which attached.

C. Wall signs shall not extend above the height of the wall to which attached.

(Ord. 575, 2002)

17.22.120 - Temporary signs.

All temporary signs shall conform to the following:

A. No temporary sign shall be displayed for more than thirty (30) days at any one time nor more than ninety (90) days during a calendar year.

B. Only one temporary sign on each street frontage per parcel or lot is permitted.

C. No temporary sign shall be placed in a required parking space, driveway, or clear-view triangle.

D. No temporary sign may be placed in the public right-of-way or an easement unless specifically permitted by the town.

E. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier.

(Ord. 575, 2002)

17.22.130 - Multiple-building complexes and multiple-tenant buildings.

A. Purpose. The following provisions shall apply to multiple-building complexes and multiple-tenant buildings.

B. Number of Freestanding Signs. Each multiple-building complex shall be allowed a freestanding sign on each street frontage. When the street frontage is longer than four hundred (400) feet, then one additional freestanding sign shall be permitted for each additional four hundred (400) feet of street frontage. The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple-building complex or multiple-tenant building.

(Ord. 575, 2002)

17.22.140 - Legal nonconforming signs.

Any sign lawfully existing under all codes and ordinances in effect at the time this title is enacted or amended may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful; provided, that:

A. No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and

B. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal repair and maintenance; and

C. The sign is not a hazardous or abandoned sign.

(Ord. 575, 2002)

17.22.150 - Variances.

No reduction of the standards in this chapter is allowed, except pursuant to Chapter 17.44 (Variances).

(Ord. 575, 2002)

17.22.160 - Violations.

Failure to comply with the provisions of this chapter is a violation of this title and punishable under the provisions of Chapter 17.08.

(Ord. 575, 2002)