General Regulations (Signs)
Signs appear everywhere. They are essential for traffic safety and communication, but if left unregulated, signs can lead to visual clutter and decreased property values. Current and thorough regulations are required to arrive at a balance between the needs of commercial businesses and visual impact on residents and visitors to the municipality. Determine if your regulations have kept pace with newer types of signs, such as animated and moving signs; banners, balloons and inflatable signs; electronic changeable copy; illuminated, internally illuminated, silhouette lighting and neon; sandwich board; rotating; portable; temporary; murals; and restaurant menus. Many communities have detailed sign regulations for different types of uses, such as shopping centers, office buildings, industrial parks, gasoline service stations, car dealerships, movie theaters, historic areas, home occupations, new construction sites, hospitals and educational campuses. Removal of nonconforming signs should also be addressed. Finally, your regulations should require maintenance and upkeep, as well as compliance with local building and electrical codes.
Sample Ordinances:
Clarkstown, T. NY: Ch. 243
College, Twp., PA: Ch. 170
Dagsboro, T., DE: Ch. 275
Barnstable, T. MA: Ch. 240
Return to Sample Legislation Archive
Town of Clarkstown, NY
Chapter 243 - SIGNS
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 11-14-2006 by L.L. No. 16-2006. Amendments noted where applicable.]
§ 243-1. Title.
This chapter shall hereafter be known and cited as the “Sign Local Law of the Town of Clarkstown” and shall include this chapter, Table 1 of this chapter and the Sign Design Guidelines.
§ 243-2. Purpose.
The intent and purpose of these regulations is to establish a reasonable framework for signage and to facilitate easy and agreeable communication, at the same time recognizing the need to protect the safety and welfare of the public, to maintain attractive appearance in the community and to allow adequate business identification. It is the further intent of these regulations to maintain a balance between the commercial needs of business enterprises and their visual impact on residents and visitors of the Town. To these ends, the regulations seek to ensure signs visible to the general public that:
A. Are compatible with their surroundings and consistent with the objectives of proper design and zoning amenities.
B. Allow and promote optimum conditions for meeting sign user's needs while at the same time promoting an attractive environment desired by the general public.
C. Are designed, constructed, installed, and maintained in such a manner that they do not endanger public safety or traffic safety.
D. Are visible and legible in terms of the message they are intended to convey.
§ 243-3. Compliance required.
No person, including any owner, lessee, or other occupant of any premises, shall erect, construct or display, or permit the erection, construction, or display of any sign within the Town of Clarkstown, other than in accordance with the provisions of this chapter.
§ 243-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED SIGN — Any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on the premises where the sign is displayed.
ALTERATION — Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
ANIMATED OR MOVING SIGNS — A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
AWNING — A roof-like cover that projects from a building wall for the purpose of shielding a window or doorway from the elements.
BANNER, FLAG, OR PENNANT — Any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of New York, and other states, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
BENCH SIGN — A sign painted on or affixed to a bench.
BILLBOARD — A permanent off-premises outdoor advertising sign erected, maintained or used for the purpose of commercial or noncommercial messages.
BRACKET SIGN — A small sign mounted on the ground using one or more posts.
BUILDING FRONTAGE — That building elevation that fronts on a public street or parking area where customer access to the building is available.
BUSINESS FRONTAGE — That portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. For businesses located in the interior of a building without building frontage, the building elevation providing customer access shall be considered the business frontage.
BUSINESS IDENTIFICATION SIGNS — A sign that serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.
CABINET SIGN (CAN SIGN) — A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.
CANDLEPOWER — The amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower.
CANOPY — A roof-like cover, either freestanding or attached to a building wall and supported totally or partially by the ground below.
CHANGEABLE COPY SIGN — A sign designed to allow changing of copy manually.
CHANNEL LETTERS — Three-dimensional individually cut letters or figures, illuminated or unilluminated, affixed to a structure.
CIVIC EVENT SIGN — A temporary sign, other than a commercial sign, posted to announce acivic event sponsored by a public agency, school, church, civic-fraternal organization, or similar not-for-profit organization.
CONTRACTOR OR CONSTRUCTION SIGN — A sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural or financial firms involved with the project.
CONVENIENCE SIGN — A sign that conveys information (e.g., restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed by pedestrians and/or motorists.
COPY — Words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
DIRECTLY LIGHTED SIGN — A sign that is illuminated by a light source that shines through the letters or logo from the back of the sign.
DIRECTORY SIGN — A sign listing the tenants of a multiple-tenant structure or center.
DOUBLE-FACED SIGN — A sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.
ELECTRONIC READER BOARD SIGN OR ELECTRONIC GRAPHICS SIGN — A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.
FLASHING SIGN — A sign that contains an intermittent or sequential flashing light source.
FUTURE TENANT IDENTIFICATION SIGN — A temporary sign that identifies the names of future businesses that will occupy a site or structure.
GRAND OPENING — A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion by a business.
GROUND SIGN — See "monument" signs.
HANGING SIGN — A sign hanging down from a marquee, awning or porch that would exist without a sign.
HEIGHT OF SIGN — The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below and adjoining the sign.
ILLEGAL SIGN — Any of the following:
A. A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use.
B. A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises.
C. A nonconforming sign for which the amortization period hereunder has expired.
D. A sign that is a danger to the public or is unsafe; or a sign that pertains to a specific event that has not been removed within five days after the occurrence of the event.
E. A temporary window sign displayed for over 30 days
INDIRECTLY LIGHTED SIGN — A sign that is illuminated by a light source that hines directly on the surface of the sign, which light source is designed specifically to illuminate only the sign.
INFLATABLE DEVICE — An object that is blown up with air or gas.
INTERNALLY ILLUMINATED SIGN — A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign; same as a directly lighted sign.
LOW-PROFILE MONUMENT SIGN — A freestanding sign with a lower height configuration. Such signs are usually used for building complexes that are separated from adjacent streets by substantial setbacks.
MARQUEE — A permanent structure attached to a building wall, having horizontal or nearly horizontal top and bottom surfaces, which is intended to serve as a covering over the area thereunder.
MONUMENT — Any detached sign on the same lot or parcel as the use it identifies which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box, or structural frame.
MULTIPLE-TENANT BUILDING — A development consisting of two or more separate uses or tenancies that share either the same parcel or structure and use common access and parking facilities.
NEON SIGN — Glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
NONCONFORMING SIGN — An identifying structure or sign which was lawfully erected through the issuance of a sign permit and maintained prior to the adoption of this chapter, and which has subsequently come under the requirements of this chapter, but does not now completely comply.
PERMANENT BANNER SIGNS — As a primary sign only, permanent banner signs shall look like architectural elements of the building and shall hang from projecting metal brackets of a size and design appropriate to the banner and the architectural character of the building. Banner signs shall be mounted perpendicular to the face of the facade at both the top and bottom.
PERMANENT SIGN — A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
PLAQUE SIGN — Small version of a wall sign that is attached to a surface adjacent to the front entry.
POLE SIGN — A sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above finished grade (same as pylon sign).
POLITICAL SIGN — A sign designed for the purpose of announcing support of or opposition to a candidate or proposition for a public election or a sign expressing political, religious, or other ideological sentiment that does not advertise a product or service.
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 persons or wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas 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, in which case the vehicle must be removed from the site during non-business hours.
PROJECTING SIGN — A sign, attached to a building, the face of which is perpendicular or nearly perpendicular to the building wall.
PROMOTIONAL SIGN — A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.
PROPERTY FRONTAGE — The side of a parcel or development site abutting on a public street.
PYLON SIGN — See "pole sign."
REAL ESTATE SIGN — A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.
RESTAURANT MENU SIGN — A sign that incorporates a menu containing a list of products and prices offered by the business.
ROOF SIGN — A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
SIGN — Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed. The display of merchandise and products inside a building and located at least two feet from a window shall not be considered a sign.
SIGN AREA — The area including the frame or edge of the sign; where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. When two identical sign faces are mounted back to back on the same sign structure and are either parallel or form an angle not exceeding 30°, only one of the sign faces shall be used to compute the sign area. If the angle of the sign faces exceeds 30°, then both faces shall be used to compute the sign area.
SIGN DESIGN GUIDELINES — The general and specific guidelines, adopted as an integral part of Chapter 243, that apply to all nonresidential properties within the Town of Clarkstown. These guidelines are intended to assist applicants, design professionals and the Clarkstown Architecture and Landscape Commission in the review and approval process.
SPECIAL EVENT SIGN/BANNER — A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).
TEMPORARY SIGN — Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
THREE-DIMENSIONAL SIGNS — Signs that have a depth or relief on their surface greater than six inches.
TIME AND/OR TEMPERATURE SIGN — A sign that accurately displays the current local time and/or temperature, usually through arrays of small electric lights. No commercial advertising or other message is generally allowed.
VEHICLE SIGN — A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
WALL SIGN — A sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
WINDOW AREA — Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.
WINDOW SIGN — A sign posted, painted, placed, or affixed in or on the interior surface of a window exposed to public view. An interior sign that faces a window exposed to public view that is located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.
§ 243-5. Prohibited signs.
The signs listed below are prohibited anywhere in the Town of Clarkstown:
A. Flashing, moving, animated, digital (except time or temperature), or fluttering signs and signs that emit smoke, visible vapors or particles, sound or odor.
B. Signs affixed to the exterior of a window or glass.
C. Signs of such design and location that they interfere with, compete for attention with or may be mistaken for a traffic signal.
D. Freestanding or projecting signs within an area bounded by the intersection of the right-of-way of two or more streets and located within 30 feet from such intersection along the rights-of-way of such streets, except informational signs erected by a governmental body.
E. Exterior signs containing excessive product or service advertising or trade names.
F. Flags, banners and pennants.
G. Billboards.
H. Signs that are displayed in such a manner as to be hazardous to traffic or disturb occupants of any other building.
I. Neon signs framing windows.
J. Signs attached to or incorporated onto a light pole.
K. Window and door signs that exceed 15% of the glass area and temporary window and door signs that exceed 10% of the glass area.
L. Signs erected or located on, within or over any public right-of-way, unless specifically permitted herein.
M. Except as otherwise permitted in this chapter, signs which are not accessory to a use located on the premises.
N. Highly reflective glass or fluorescent paint in red, green or amber.
O. Any sign erected, constructed, or maintained on or above the roof of a building.
P. Internally lit "can" or cabinet signs with transparent backgrounds.
Q. Portable signs.
R. Bench signs.
S. Inflatable signs.
§ 243-6. Signs exempt from permit requirements.
The following signs are permitted in all zone districts and are exempt only from the requirements for a sign permit. Exemption from sign permit shall not be constructed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition and for complete compliance with the requirements of this chapter.
A. Memorial tablets, emblems, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material as an integral part of the building. The total area of said signs shall not exceed 1% of the area of the building wall on which they are located or four square feet, whichever is smaller. The area of said signs shall not be included in the maximum permitted wall sign area.
B. Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs, and such temporary emergency signs as may be erected by the government or public utility employees in carrying out their official work.
C. Historic site and historic building plaques and markers subject to the provisions of any applicable historic preservation ordinances.
D. Names on mailboxes.
E. Signs used on property warning the public against trespassing, parking, or soliciting thereon.
F. Temporary safety, traffic, directional, and warning signs approved by the governmental agency having jurisdiction.
G. Window and door signs and temporary signs attached to or painted on windows and doors as regulated by the Town of Clarkstown Sign Design Guidelines.
H. Signs required by any provision of law or signs deemed necessary to the public welfare by the governing body.
I. For any residential premises for sale or rent, one temporary nonilluminated "for rent" or "for sale" sign not over six square feet in area and "open house" signs not over four square feet in area per sign. For any nonresidential premises for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign not over 16 square feet located at least 15 feet from any property line. Such signs shall not be embellished by balloons, streamers or other distractive adornments and shall be placed only on private property with the permission of the owner and shall in no event be placed upon or over the street or road right-of-way. Real estate "for sale" or "for rent" signs shall be removed within seven days after the execution of a lease or closing of a sale.
J. A nameplate sign, situated within the property lines and bearing only the name and address of the principal occupant, provided that the sign does not exceed 12 inches in height and 24 inches in length. An additional sign, of the same size (12 inches by 24 inches), may be erected for a legally permitted home occupation.
K. Signs not exceeding one square foot in area designating or calling attention to driveway entrances and exits.
L. Signs erected to control the movement of traffic on a premises, provided these signs shall provide traffic directions only and shall not be used for any advertising purposes. These signs shall not exceed two square feet in area and shall have been approved by the Planning Board.
M. Signs denoting the name of the owner, developer, architect, engineer or contractor, or the prospective use, when placed upon work under construction, and not exceeding 32 square feet in area, provided the same are set back at least 15 feet from the curb and further provided the same are removed within 24 hours after the final certificate of occupancy is issued.
N. The American flag, and governmental flags displayed by recognized governments or governmental agencies, provided such flags are displayed in a respectful manner and in accordance with established or recognized rules, standards and criteria. Any such flag shall be hung in a safe manner with adequate support based on its size, weight, and exposure to wind in order to avoid hazard to persons and property.
O. Temporary political signs promoting the election of individuals to public office, provided they shall be removed within five days following the election. Such signs shall not be embellished by balloons, streamers or other distractive adornments and shall be placed only on private property with the permission of the owner and shall in no event be placed upon or over the street or road right-of-way.
§ 243-7. General sign provisions.
A. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phase, symbol or character in such manner as to interfere with, mislead or confuse traffic. This shall not prohibit signs in private parking lots as directed by the Planning Board.
B. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.
C. Sign lighting. Illuminated signs may be directly or indirectly lighted, provided that they comply with the following standards:
(1) Illumination of directly illuminated signs shall be of the diffused lighting type.
(2) Indirectly illuminated signs with external spot or flood lighting must be arranged such that the light source is directed away from passersby. The light source must be directed against the sign such that it does not shine into adjacent property or cause glare for motorists and pedestrians.
(3) Noticeable raceways and transformers for individual letters are prohibited. Sign installation details shall indicate the location of the transformer and other mechanical equipment.
(4) Floodlights or spotlights used for the illumination of signs, whether such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted, provided that the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
D. All lighting in connection with signs shall be extinguished by 11:00 p.m. prevailing time, or at the close of the business or activity services by said signs or lights, whichever is earlier; provided, however, that the Building Inspector may authorize exterior lighting at additional hours to assist in the protection of properties which otherwise may be subject to this section when so recommended by the Chief of Police of the Town of Clarkstown.
E. Places of worship, schools and other nonprofit, institutional facilities, where permitted, may display one freestanding and/or one wall sign not exceeding 64 square feet in total area identifying the name of the facility and pertinent information relating to its activities. The freestanding sign shall be located no closer than 15 feet to a property line or street right-of-way line and shall not exceed six feet in height.
F. All sign permit applications for a property designated as an historic structure or located within an historic area shall be referred to the Clarkstown Historical Board of Review for its review and approval.
§ 243-8. Sign permit requirements.
A. Enforcement. The Building Department shall administer and enforce this chapter.
B. Permit. A permit is not required for signs exempt from a permit. A permit must be obtained from the Building Department for all other signs. Upon receipt of a sign permit application the Building Inspector shall review the application for completeness. When satisfied that all the required submittals are present the Building Inspector shall refer the application to the Architecture and Landscape Commission for its review and determination. No sign may be erected, repaired, altered or restored without the approval of the Architecture and Landscape Commission. No sign with over 10 square feet of sign area shall be located so as to be visible from the Palisades Interstate Parkway, unless such sign is at least 500 feet from the Parkway right-of-way. Within 660 feet of the New York Thruway, all signs must have the permission of the Thruway Authority.
C. Standards. The standards found within this chapter, including the requirements of Table 1 of this chapter and the Sign Design Guidelines, shall govern the review and determination process of the Architecture and Landscape Commission. Approval shall be granted only after the applicant has demonstrated substantial compliance with the governing standards and guidelines. The dimensions found within this chapter pertaining to sign area and sign height are the maximum allowed; however, in many instances the sign area and sign height approved by the Architecture and Landscape Commission will be less than the maximum. The Architecture and Landscape Commission may, however, for good reason and in unique circumstances, adjust the application of these standards. Such increase or adjustment shall not exceed 15% of the standard and shall only be permitted with an affirmative vote of a supermajority of the commission.
D. Application. Applications for sign permits shall be made upon the forms provided by the Building Department for this purpose. The application shall contain the information as outlined on the sign permit checklist.
E. Sign contractors. Only those persons, firms or corporations licensed under the provisions of Chapter 244 of the Clarkstown Town Code shall engage in the business of erecting, altering, repairing or restoring any sign for which a permit is required.
F. Permit fees. Permit fees for signs shall be established by the Town Board.
G. False information. A person providing false information under this chapter shall be guilty of a misdemeanor and not eligible to apply for a permit under this chapter for 12 months from date the Building Inspector determines false information was presented.
H. Certificate of completion. Within 30 days of the completion of the sign(s) installation an application shall be submitted to the Building Inspector for a certificate of completion. The application shall include color photographs of the installation and, when required by the Building Inspector, a certified survey depicting the location of the freestanding sign(s) on the property. For signs that are indirectly illuminated, an electrical certificate must be issued by a Town-approved inspection agency and submitted to the Building Inspector. No certificate of occupancy will be issued for any use until a certificate of completion for the sign installation has been issued.
§ 243-9. Construction requirements.
A. Material. Signs shall be constructed of high-quality materials and completed with durable finishes.
B. Codes. All signs shall conform to the latest edition of the applicable building and electrical codes.
C. Fastenings. All signs must remain safe and secure during the period of use. All parts of the signs, including bolts and cables, shall remain painted, and free of corrosion.
D. Fire escapes. A sign may not obstruct a fire escape.
E. Lighting. External lighting shall be shielded from view and shall be focused upon the sign to avoid stray lighting. Flashing, rotating, and intermittent lighting are prohibited.
F. Identification. All signs for which a permit is required shall identify, upon the sign, the name and telephone number of the person responsible for the sign, the name and telephone number of the licensed sign contractor, the sign permit number and the Underwriter's Laboratory seal of acceptance.
G. Proximity to electrical conductors. Signs and all supporting structures shall be no closer to electrical utilities than is permitted by applicable codes. No sign, including cables and supports, shall, in any event, be within six feet of any electrical conductor, electrical light pole, electric street lamp, traffic light, or other public utility pole.
H. Sanitation. Property surrounding any ground sign shall be maintained in a clean and sanitary condition. It shall be free from weeds, rubbish, and flammable material.
I. Landscaping. The area beneath and around a monument sign shall be landscaped with plants, ground cover and materials so as to complement the site and integrate the sign with buildings, parking areas, surrounding vegetation and natural features of the landscape.
J. Responsibility for compliance. The owner of the parcel on which a sign is placed and the tenant are each fully responsible for the condition and the maintenance of the sign, and the area around the sign.
§ 243-10. Signs in residential districts.
The following signs are permitted in residential districts:
A. Signs exempt from a permit where applicable to the use on the property.
B. Signs pertaining to places of worship, schools and other nonprofit, institutional facilities as provided in § 243-7E.
C. Multifamily housing developments may display one freestanding identification sign at each street entrance to the development, designating only the name of the development, the address and name of the owner and the names of any buildings located therein, provided that the area of one side of said sign shall not exceed 24 square feet and that the sign is set back 10 feet from the front property line.
§ 243-11. Signs in nonresidential districts.
In the business commercial and industrial districts, signs are permitted as hereinafter regulated:
A. Signs exempt from a permit where applicable to the use on the property.
B. Signs pertaining to places of worship, schools and other nonprofit, institutional facilities as provided in § 243-7E.
C. A business or commercial establishment shall be permitted a sign or signs as outlined in Chapter 243, Table 1.
D. Shopping center developments. Additional provisions applicable to shopping centers containing 40,000 square feet or greater floor space. Notwithstanding sign dimension requirements found in Table 1 and elsewhere in this chapter, the dimensions listed here shall prevail.
(1) Monument signs.
(a) A maximum of one monument sign is permitted at each road frontage where there is vehicular access.
(b) The maximum sign area shall be 100 square feet.
(c) The maximum height and minimum setback of the monument sign shall comply with the dimensions established for the zoning district in which it is located, as set forth in Table 1 of this chapter.
(d) The sign may identify only the name and street address of the shopping center and tenants with leased areas in excess of 10,000 square feet. Smaller tenants, at the discretion of the Architecture and Landscape Commission, may be identified on the monument sign by a small business description sign. (i.e., pizza parlor, card store, dry cleaner, etc.).
(e) Temporary signs attached to a monument sign, including real estate broker signs or vacancy signs, shall not be permitted.
(2) Signs attached to a building. Each tenant with exterior frontage in a shopping center shall be permitted to have one wall sign for each exterior frontage identifying the name of the business. Such sign shall comply with the dimensions established for the zoning district in which it is located, as set forth in Table 1 and elsewhere in this chapter.
(3) Other signs. All other signs are subject to the sign regulations set forth in § 243-11C.
E. Office buildings. Additional provisions are applicable to freestanding multistory office buildings with a gross floor area greater than 10,000 square feet.
(1) Identification signs. One wall-mounted identification sign, with the copy limited to a company name and/or corporate logo, building name and/or address, is permitted on office buildings with frontage on one street. For office buildings with frontage on two or more streets, a maximum of two identification signs are permitted, one per street frontage. The maximum sign area shall be 100 square feet in total.
(2) Monument signs. One monument sign shall be permitted per each street frontage. The maximum size for each monument sign shall be 36 square feet per face. No monument sign may exceed eight feet in height above grade, and monument signs shall be set back no less than 25 feet from any property line
(3) Directory signs. One directory sign, located on the building or near the entrance, shall be permitted. A directory sign shall not exceed eight feet in height or contain letters larger than four inches in height.
F. Large retail establishments: Additional provisions applicable to single-user large retail establishments with a gross floor area greater than 60,000 square feet.
(1) Freestanding signs.
(a) A maximum of one monument sign is permitted at each road frontage where there is vehicular access.
(b) The maximum sign area shall be 100 square feet.
(c) The maximum sign height shall be 20 feet, and the minimum setback shall be 25 feet from the designated street line.
(d) The sign(s) may identify only the name and street address of the large retail establishment.
(e) Temporary signs attached to the monument sign shall not be permitted.
(2) Wall signs.
(a) One wall sign is permitted for each building frontage or building wall facing a road where there is vehicular access. Such sign(s) shall identify only the name of the business. The Architecture and Landscape Commission may permit, where they deem it necessary, convenience signs that convey information for directional purposes.
(b) The maximum sign area allowed for all wall signs shall be calculated as the lesser of: one square foot of sign area for every 300 square feet of gross building area or 5% of the building frontage.
G. Gasoline service station signs.
(1) Freestanding signs.
(a) A maximum of one monument sign or low profile monument sign is permitted.
(b) The maximum sign area of a monument sign, including the sign frame, shall not exceed 80 square feet, inclusive of the gasoline service station price sign. Such sign shall not be separated from the gasoline price sign, but shall appear as a single integrated sign.
(c) A monument sign shall not exceed a height of 15 feet measured to the topmost portion of the sign, and the monument sign shall be set back a minimum of 15 feet from any property line.
(d) The maximum sign area of a low profile monument sign, including the frame, shall not exceed 50 square feet, inclusive of gasoline service station price sign.
(e) A low-profile monument sign shall not exceed six feet in height and shall be set back a minimum of five feet from any property line.
(2) Gasoline service station canopy signs.
(a) A gasoline service station with a canopy shall be permitted two canopy signs in total.
(b) The canopy sign or signs shall collectively not exceed 16 square feet in area.
(c) The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below or from any side of the vertical face of the canopy.
(d) The canopy sign may be illuminated by internal and nonintermittent light sources.
(e) A business logo, inclusive of striping or other symbols, may appear on this canopy sign as part of the allowable sign area. Any striped area of the canopy shall be counted towards the permissible area of the sign.
(3) Pump signs.
(a) Signs shall be allowed on gasoline pumps so as to provide the required information to the public regarding "octane rating," "price," type of fuel," "federal and state stamps," "pump use directions," and "no smoking."
(b) The trade name and any associated symbols shall be permitted on the sides of the pumps as flat signs located no more than three feet above the ground and not to exceed one square foot in sign area per pump.
(c) "Self-service," "full-service" or other information signs may identify each pump island on the gasoline service station property. The location of such signs shall be limited to the gasoline pump or the canopy support located at each end of the pump island or between the canopy supports as a spandrel panel. A maximum of two such signs shall be allowed per pump island, and each sign shall not exceed two square feet in sign area when placed on the gasoline pump or when located at each end of the pump island or between the canopy supports as a spandrel panel.
(4) Gasoline service station price signs. Gasoline service station price information may be incorporated into a monument sign or low-profile monument sign, provided that the total area of the price sign shall not exceed 20 square feet in area.
(5) Identification signs.
(a) One wall-mounted identification sign, with the copy limited to a company name and/or corporate logo, is permitted on a gasoline service station.
(b) The sign area of the wall-mounted identification sign shall be 10% of the building frontage up to a maximum of 32 square feet.
H. Automotive new car dealerships and distributorships.
(1) Freestanding signs.
(a) A maximum of one monument sign is permitted at each road frontage where there is vehicular access. The Architecture and Landscape Commission may allow additional signs for separate franchises.
(b) The maximum total sign area shall be 100 square feet.
(c) The maximum sign height shall be 20 feet, and the minimum setback shall be 25 feet from the designated street line.
(d) The sign(s) may identify only the name and address of the dealer/distributorship and the name of the franchises represented.
(e) Temporary signs attached to the freestanding sign(s) shall not be permitted.
(2) Wall signs.
(a) One wall sign is permitted for each building frontage or building wall facing a road where there is vehicular access. The Architecture and Landscape Commission may allow additional signs for separate franchises. Such sign(s) shall identify only the name of the business and the name of the franchises represented. The Architecture and Landscape Commission may permit, where it deems necessary, convenience signs that convey information for directional purposes.
(b) The maximum total wall sign area shall be 100 square feet for the first 10,000 square feet of gross building area. An additional square foot of sign area may be allowed for every 300 square feet of gross building area over 10,000 square feet.
§ 243-12. Nonconforming signs.
A. Intent. This chapter is intended to encourage the eventual elimination of signs which do not comply with this chapter. The elimination of nonconforming signs is important to the purposes stated in § 243-2.
B. Amortization. A sign not complying with this chapter, but in place, by permit, on the effective date of this chapter, shall be removed, or brought into compliance with this chapter, within 10 years after the effective date of this chapter. Signs which were erected without a sign permit and which are prohibited by this chapter shall be removed.
C. Continuance. A nonconforming sign may be continued during the amortization period if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign. A nonconforming sign may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Building Inspector determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost.
D. Nuisance. An unsafe or abandoned sign is declared a public nuisance, which shall be abated by the owner within 30 days of receiving notice from the Building Inspector.
§ 243-13. Administration and enforcement; penalties for offenses.
A. Administration. This chapter shall be administered by the Building Inspector of the Town of Clarkstown, who shall be responsible for the inspection, investigation and pursuit of compliance through enforcement of all the provisions of this chapter.
B. Enforcement.
(1) The Building Inspector, his subordinates and Town officials with code enforcement authority shall enforce all provisions of this chapter and are empowered to cause any sign, place or premises to be inspected and to order in writing the remedying of any condition found to exist in violation of any provision of this chapter.
(2) All written notices issued shall be by first class mail and shall be posted on the premises in full view, or by certified mail, return receipt requested, to the last known address of an owner, tenant, lessee or other cited person or business entity.
(3) For the purposes of any prosecution pursuant to § 243-13, it shall be presumed that the owner, tenant, lessee, agent, property manager, sign company, contractor or any other person involved with the building where a violation of this chapter has been committed or exists is subject to penalties in accordance with the provisions of this chapter.
C. Penalties. In addition to any other penalties or remedies prescribed herein or otherwise available to the Town of Clarkstown, any person, corporation, firm or other entity that shall violate any provision of this chapter shall be guilty of a misdemeanor subject to a fine of up to $2,500 or imprisonment up to 15 days, or both such fine and imprisonment. Each day that such violation continues shall constitute a separate offense and shall be punishable as such.
§ 243-14. Variances and appeals.
A. Variance. Upon referral from the Building Inspector or the Architecture and Landscape Commission, the Zoning Board of Appeals shall have the authority to vary the requirements and standards of Chapter 243.
(1) In approving a variance, the Zoning Board of Appeals shall set forth written findings or reasons as to how such variance will promote the intent and purpose of this chapter and how such variance will not be injurious to the neighborhood and otherwise detrimental to the public welfare.
(2) The Zoning Board of Appeals may attach conditions to a granted variance in order to make such variance more in harmony with the intent and purpose of this chapter.
(3) The Zoning Board of Appeals may deny an application upon the submittal of incomplete information.
(4) Any variance granted by the Zoning Board of Appeals which is not exercised by obtaining a corresponding sign permit within one year from the effective date of the variance shall be null and void.
B. Appeals. The Zoning Board of Appeals shall have the authority to hear and decide upon any appeal where an applicant is aggrieved by the determination of the Architecture and Landscape Commission or where it is alleged that there is an error in the order, requirement, decision or determination of the Architecture and Landscape Commission or the Building Inspector. All appeals shall be made within 30 days from the date of the order, requirement, decision or determination of the Architecture and Landscape Commission or the Building Inspector.
C. Administration of variances and appeals.
(1) Application. All applications for a variance or an appeal shall be submitted in writing in a form prescribed by the Zoning Board of Appeals and shall be accompanied by a filing fee, as set by the Zoning Board of Appeals from time to time, to cover the cost of processing such variance or appeal application.
(2) Public hearing. The Zoning Board of Appeals shall fix a reasonable time for the holding of a public hearing for any application for a variance or an appeal and shall give public notice thereof in the official paper of notice of such hearing at least 10 days prior to the date thereof.
(3) Public notice. The Zoning Board of Appeals shall, at least 10 days before such public hearing, mail notices thereof or cause such notices to be mailed by the applicant to owners of real property within such areas as the Town Board may prescribe. The expense of publishing and mailing any notice required by this section shall be paid for by the appellant.
(4) Referrals. The Zoning Board of Appeals may refer any application for a variance or an appeal to any department, agency, board, consultant or official it deems appropriate for review and comment.
§ 243-15. Severability.
The phrases, clauses, sentences, paragraphs, and subsections of this chapter are severable, and if any phrase, clause, sentence, paragraph, or subsection of this chapter shall be declared unconstitutional or otherwise unlawful by the valid judgment, decree, injunction or order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and subsections of this chapter.
§ 243-16. Substitution of noncommercial messages.
Any sign that can be displayed under the provisions of this chapter may contain a noncommercial message.
College Township, PA
Chapter 170 - SIGNS
[HISTORY: Adopted by the Township Council of the Township of College 5-19-2005 by Ord. No. O-05-09. Amendments noted where applicable.]
ARTICLE I
General Provisions
§ 170-1. Title.
This chapter shall be referred to as the "Sign Ordinance of College Township."
§ 170-2. Purpose; license required.
A. The purposes of the regulations contained in this chapter are to:
(1) Provide a safe, orderly and efficient means for the display of commercial, political and other informational advertisements within the Township.
(2) Establish criteria for regulating the form or manner of display and reduce visual clutter resulting from competition among signs.
(3) Encourage signs which are attractively designed in order to enhance the economic value as well as the visual character of the various parts of the community.
B. All signs, unless exempted in § 170-4, must be licensed by College Township.
§ 170-3. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings given:
A-FRAME SIGN — A single- or double-faced sign used only on a temporary basis and commonly called a "sandwich board."
ARTERIAL STREET — A major street with fast or heavy traffic of considerable continuity used primarily as a traffic artery connecting two or more neighborhoods or areas. Primary arterial streets extend through the entire urban area, while secondary arterial streets extend through only a portion of the area. Design, standards and classification as such shall be in accordance with Chapter 177, Streets and Sidewalks, as amended.
AWNING SIGN — A sign made of cloth, metal or other material and affixed to a building in such a manner that the sign may be raised or retracted to a position against the building.
BANNER — Any sign made of cloth, plastic or similar material used only on a temporary basis.
BILLBOARD — A sign which directs attention to a business, commodity, service, entertainment or attraction which are sold, offered or existing elsewhere than upon the same lot where such sign is displayed. Billboards offer space which is generally leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message. For the purposes of this chapter, a billboard shall be considered an off-premises sign.
CAMPUS — A contiguous area of land constituting and making up the grounds of a college, university, hospital or public/private school containing buildings and related uses. For the purpose of this definition, the contiguity of any land area for such uses shall not be deemed destroyed by the presence of public rights-of-way.
CANOPY SIGN — A sign attached to a rigid structure, other than an awning, that is permanently attached to a building; usually covering a sidewalk or walkway.
COLLECTOR STREET — A major street which carries traffic from local streets to arterial streets. Design, standards and classification as such shall be in accordance with Chapter 177, Streets and Sidewalks, as amended.
COMMERCIAL ADVERTISEMENT — The display of the name of any business or professional establishment, logo of such, or the description and/or prices of items or services available.
COMMERCIAL ZONING DISTRICT — The following districts are defined as commercial zoning districts in Chapter 200, Zoning, § 200-8, Districts established: Residential-Office District (R-O), General Commercial District (C-1), Gateway Commercial District (GC), Office Commercial District (C-2) and Planned Research and Business Park District (PRBD).
CONSTRUCTION AND DEVELOPMENT SIGN — A sign temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates. Any sign offering land or space for lease or sale shall be considered a real estate sign.
CONTRACTOR'S/PROPERTY MAINTENANCE SIGN — A sign identifying the individuals or companies involved in smaller construction and property maintenance type activities. The signs typically identify but are not limited to those involved in remodeling, roofing, siding, landscaping, lawn care, painting or pool cleaning.
DIRECT LIGHTING — Illumination of a sign, which is effected by an artificial source of light not contained within the sign itself, in which the light itself travels without reflection on a straight path from the light fixture to the intended surface to be illuminated.
DIRECTIONAL SIGN, OFF-SITE — A sign, located off site and along an arterial street, and listing the names of one or more business establishments with distance information designed to direct vehicular traffic. For the purposes of this chapter, an off-site directional sign shall be considered an off-premise sign.
DIRECTIONAL SIGN, ON-SITE — Any sign on the property which includes information aiding in the flow of vehicular and/or pedestrian traffic.
DIRECTORY SIGN — A sign which is located on the premises and lists the name(s) and/or address of an occupant, the address of the premises and/or the identification of a legal business or occupation which exists at the premises. (Sometimes referred to as a "menu board.")
FREESTANDING SIGN — A sign that is not attached to a building and which is supported permanently upon the ground by poles, pedestals or braces. Such signs include what are commonly called "ground pole and monolith signs."
HEIGHT OF SIGNS — The vertical distance measured from the average ground level immediately below a sign to the highest point of the sign and its supporting structure.
HOSPITAL — A business or nonprofit establishment for the diagnosis, treatment and other care of the general public through an organized medical staff which is primarily engaged in providing twenty-four-hour-a-day inpatient care. The establishment shall be licensed by the Pennsylvania Department of Health, accredited by Joint Commission on Accreditation of Health Care Organizations as a hospital and have its mission the provision of acute care medical and nursing services to the injured, disabled, pregnant, diseased, sick or mentally ill persons and/or the provision of rehabilitation services for such persons and to provide further services which promote good health and well-being of people.
ILLUMINATED SIGN — A sign that provides artificial light, directly or through any transparent or translucent materials from a source of light connected with such signs, or those that utilize direct or silhouette lighting. Illuminated signs may need Building Code approval.
INFORMATION SIGN — A sign bearing no commercial advertisement but which lists facilities such as telephones, restrooms, emergency signs, etc., and/or public buildings, tourist attractions, parks, etc. (or otherwise directs attention to an activity on the same lot where the sign is located).
INDUSTRIAL PARK — An area planned for the integrated design of two or more primary industrial uses and structures on a lot held in single ownership with a total gross floor area of 50,000 square feet or greater.
INDUSTRIAL ZONING DISTRICT — The following districts are defined as industrial zoning districts in Chapter 200, Zoning, § 200-8, Districts established: General Industrial District (I-1) and University Planned District (UPD).
INTERIOR SIGN — Any sign which is located in the interior of a building or affixed to the inside of a window. For the purposes of this chapter, interior signs shall not be interpreted to include the use of objects which are customarily sold on premises or are actual examples of stock in trade as elements in a window display. [Amended 10-20-2005 by Ord. No. O-05-14]
MARQUEE — Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance and/or across a sidewalk toward the street.
MENU BOARD SIGN — See "directory sign."
MOVABLE SIGN — A sign which is erected upon a structure having wheels, rollers or other means facilitating movement from one location to another.
NONCONFORMING SIGN — Any sign existing and lawful at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations or district in which such a sign is located.
OFF-PREMISES SIGN — A sign which advertises or directs the public to a business product or service not present on the property where said sign is located, including but not limited to billboards and off-site directional signs.
OFFICE PARK — A tract of land that has been planned, developed and operated as an integrated facility for two or more office buildings and supporting ancillary uses with a total gross floor area of 50,000 square feet or greater.
OWNER — The legal or beneficial owner(s) of land, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee, if he is authorized under the lease to exercise the rights of the owner; or other persons having a proprietary interest in the land shall be deemed to be an owner for the purpose of this chapter; landowner.
PARAPET — The extension of the main walls or a false wall of a building above the roofline.
PARAPET SIGN — A sign affixed or applied directly to a parapet.
PERMANENT SIGN — Any sign which remains in place for more than 60 days.
POLITICAL CANDIDICY SIGN — Any sign which bears the name of a candidate running for political office and may include other pertinent information such as the political party in which the candidate belongs, title of office the candidate is running for and slogans or logos related to the campaign.
PREMISES — The area occupied by a business or other public enterprise.
PROJECTING SIGN — A sign which projects from, and is supported by, the wall of a building.
PROPERTY — An area of land held in single and separate ownership, with a tax parcel code assigned, which may have one or more premises or dwelling units located on it. "property" includes "tract," "parcel" and "lot."
REAL ESTATE SIGN — A sign used to offer for sale, rent or lease one or more properties upon which such sign is located.
RESIDENTIAL ZONING DISTRICTS — The following districts are defined as residential zoning districts in Chapter 200, Zoning, § 200-8, Districts established: Single-Family Residential District (R-1), Two-Family Residential District (R-2), Multifamily Residential District (R-3), Village District (V), Mobile Home Park District (MHP) and Planned Residential Development District (PRD).
RIGHT-OF-WAY — A corridor of land set aside for use, in whole or in part, by a street.
ROOF SIGN — A sign erected and maintained upon or above the roof of any building, except for a parapet sign.
RURAL DISTRICTS — The following districts are defined as rural zoning districts in Chapter 200, Zoning, § 200-8, Districts established: Forest District (F), Agricultural District (A), Open Space Recreation Conservation District (OSD) and Rural Residential (RR).
SHOPPING CENTER — A commercial business or a cohesive unit of stores, with the building(s) measuring at least 30,000 square feet of floor area, arranged and constructed according to a plan with entrances to the stores generally accessed from the outside.
SHOPPING MALL — A commercial business or a cohesive unit of stores, with the building(s) measuring at least 30,000 square feet of floor area, arranged and constructed according to a plan with entrances to the stores generally accessed from an enclosed corridor.
SIGN — Any permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a support structure or other surface that displays or includes any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or which is designed to attract the eye or bring the subject to the attention of the public.
SIGN AREA — The area of the sign face. All visible faces of a multifaced sign shall be counted separately and totaled together in calculating sign area. See § 170-7, Measuring sign area, for detailed information on measuring area of a sign face.
SIGN FACE — The surface area on a sign where advertising copy is displayed, which shall include all lettering as well as any ornamental strip, border or design around the edges of the lettering.
SILHOUETTE LIGHTING — A special effect that lights a background, such as a wall, and causes the object in front to appear as a silhouette.
SUBDIVISION — The division or redividing of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division of land, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.
TEMPORARY SIGN — A sign intended for a limited period of display, no greater than 60 days per calendar year.
UNDER-CANOPY SIGN — A sign suspended beneath a canopy, ceiling, roof or marquee.
WALL SIGN — A sign which is attached directly to or painted upon a building wall and which does not extend more than 12 inches from the building or extend above the roofline. Lettering, logos or figures affixed to or painted directly on a wall which is not part of a building shall have separate requirements from that of signs affixed or painted upon a building wall.
WINDOW SIGN — A sign which is affixed to or painted on the outside of any window or door window with the intent of viewing from the outside of such building.
ARTICLE II
Exempted and Prohibited Signs
§ 170-4. Signs which do not require a permit (exempted).
Signs listed in this section shall not require permits and/or licenses. Such signs shall not be counted when calculating the number of signs on a property. However, such signs shall conform to the general regulations for signs enumerated in the remainder of this chapter.
A. Any sign which is less than two square feet in area.
B. Signs regulating the use of property, such as "no trespassing," "no hunting," "no fishing," etc., of not more than two square feet per sign in residential zones and five square feet in area in commercial and industrial zones.
C. Real estate signs shall be permitted in all zoning districts upon the property which is for sale or lease subject to the following limitations:
(1) Real estate signs located on a single lot located in a residential or rural zoning district shall have a sign face no larger than five square feet single-faced or 10 square feet double-faced.
(2) Real estate signs advertising the sale of lots located within a subdivision shall be limited to one sign per entrance to the subdivision, and each sign shall have a sign face no larger than 32 square feet single-faced or 64 square feet double-faced.
(3) Real estate signs advertising the sale or lease of an existing commercial or industrial building or space within such shall be no greater than 16 square feet single-faced or 32 square feet double-faced.
(4) Real estate signs advertising the sale or lease of vacant land located within a commercial or industrial zone shall have a sign face no larger than 32 square feet single-faced and 64 square feet double-faced.
(5) Real estate signs shall be removed no later than 10 days after the execution of a lease agreement in the event of a lease, the closing of the sale in the event of a purchase or, in the case of a real estate sign advertising the sale of lots in a subdivision, when 75% of the lots have been issued a zoning permit. For subdivisions built in phases, the total number of lots in which the aforementioned 75% shall apply to will be that of the total number of lots located in phases which have received final land development/subdivision approval.
(6) Each lot shall be permitted to have one real estate sign for each street it abuts with the exception of real estate signs that advertise the sale of lots in a subdivision. If the lot abuts more than one street, only one real estate sign per street.
D. Signs for charitable, public or religious institutions when located on the premises. The sign area shall not exceed 32 square feet if single-faced, or exceed 64 square feet of sign area if double-faced. Signs must be used exclusively for noncommercial announcement.
E. Signs regulating on-premises traffic, such as parking, restroom facilities or telephones, and signs denoting other sections of a building, such as offices, service bays, etc., when less than five square feet in area and bearing no commercial advertisement.
F. Signs erected by a governmental body, or under direction of such body, bearing no commercial advertisement, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools and playgrounds, zoning requests, hospital emergency signs, etc.
G. Memorial signs or tablets and signs denoting the date of erection of buildings.
H. The flag, pennant or insignia of any government or of any religious, charitable or fraternal organization.
I. Temporary signs no larger than five square feet of sign area, advertising the sale of farm products produced on the premises, or advertising auctions or events of charitable, political or public service groups.
J. Temporary signs for garage sales, porch sales and yard sales, which may be displayed for no more than twice per calendar year per property. Each sign display may last three days, with a sign face no larger than five square feet in area.
K. Construction and development signs shall be erected temporarily and shall be subject to the following limitations:
(1) Such signs on a single lot located in a residential or rural zoning district shall have a sign face no greater than 16 square feet single-faced or 32 square feet double-faced.
(2) Such signs for a subdivision shall be limited to one sign per entrance to the subdivision and shall have a sign face no larger than 32 square feet single-faced or 64 square feet double-faced.
(3) Such signs for nonresidential uses in residential or rural zoning districts, and for all uses in commercial and industrial zoning districts shall be limited to 32 square feet single-faced or 64 square feet double-faced.
(4) Such signs shall be limited to one sign per lot for each public street the lot abuts with the exception of such signs advertising the sale of lots in a subdivision.
(5) Such signs shall not be displayed until the project has received preliminary subdivision/land development approval or the issuance of a building permit, whichever comes first.
(6) Such signs shall be removed within 10 days of an issuance of an occupancy permit for all or any of the project except in the case of such signs advertising a subdivision, which shall be removed within 10 days of the issuance of a zoning permit for 75% of the lots in the subdivision.
L. Contractor's/property maintenance signs of not more than five square feet single-faced or 10 square feet double-faced identifying the contractor or property maintenance company contracted to remodeling and property maintenance activities. Not more than one sign, or two signs for those lots abutting two or more streets, shall be located on a lot and shall be removed within 10 days of completion of the activity or after 30 days, whichever is less.
M. Political candidacy signs which are placed on private property with the property owner's permission, provided that they are not placed in the public right-of-way, no larger than 32 square feet single-faced or 64 square feet double-sided, and the signs shall be removed no later than two days after election day.
N. Clocks, time and temperature signs and barber poles, provided that they are no larger than 32 square feet. Any commercial advertisements attached to such structures must be licensed.
O. Information signs, provided that the area of any such sign shall not exceed five square feet.
P. Interior signs below 25 feet in height shall be exempt except those signs expressly prohibited in § 170-5M. [Amended 10-20-2005 by Ord. No. O-05-14]
§ 170-5. Signs prohibited in all districts.
The following signs shall not be permitted, erected or maintained in any zoning district, notwithstanding anything else contained in this chapter. All existing nonconforming signs which are lawful at the time of the adoption of this chapter must be licensed within 180 days after adoption of this chapter.
A. Signs which incorporate in any manner flashing or moving illumination, or with illumination which varies in intensity or varies in color, and signs which have any visible moving part, visible revolving part, visible mechanical movement of any description or other apparent visible movement achieved by electrical pulsation.
B. Exterior or interior flashing signs or lights that are distracting to drivers of motor vehicles.
C. Any sign or structure for which state of disrepair constitutes a hazard to public safety or health.
D. Signs which obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.
E. Any sign which obstructs free ingress or egress from a fire escape, door, window or other required exitway.
F. Signs which make use of words such as "stop," "look," "one-way," "danger," "yield" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead or confuse traffic.
G. Any obsolete sign (including the structural members of the sign) which is no longer licensed.
H. Signs on public property, public rights-of-way or utility poles that are not erected by a governmental body or utility company.
I. All off-premises signs unless they are off-site directional signs.
J. Movable signs, except as temporary signs.
K. Signs affixed to or otherwise attached to trees or any other living vegetation except those property use signs exempted in § 170-4B of this chapter.
L. Any sign attached to, or placed on, a vehicle or trailer parked on any public or private property except for signs meeting the following conditions:
(1) The primary purpose of such vehicle or trailer is not the display of signs;
(2) The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer;
(3) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate; or
(4) The vehicle or trailer is utilized as storage, shelter or distribution points for products or services available to the general public.
M. Any interior sign above 25 feet in height which bears a commercial advertisement and is within 10 feet of the window. Interior signs above 25 feet in height bearing a commercial advertisement that are further from a window then the prescribed distance noted previously may also be prohibited if the Zoning Officer determines that the sole purpose of the interior sign due to its size and positioning is to be viewed from the outside. [Added 10-20-2005 by Ord. No. O-05-14]
ARTICLE III
Sign Type Regulations
§ 170-6. General provisions.
All signs, unless exempted in § 170-4, must be licensed by College Township. In addition, all applicants proposing signs with electrical wiring must obtain a building permit through Centre Region Code Administration.
§ 170-7. Measuring sign area.
For the purposes of this chapter, sign area shall be calculated as follows:
A. The area of freestanding signs shall include the entire area within a single continuous perimeter enclosing the outer limits of such sign. The sign area shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the sign face.
B. Unless specifically noted, all visible faces of a multifaced sign shall be counted separately and totaled together in calculating sign area.
C. When individual lettering, logos and/or figures are mounted and/or painted directly on a wall, canopy, awning, marquee or parapet, the sign area shall be measured by the smallest rectangle, triangle or circle that can circumscribe all of the lettering, logos and/or figures as well as any ornamental strip, border or design around the edges of the lettering.
D. Measuring the area of a sign face for signs where only a portion of which are to be calculated shall be done in a manner consistent with Subsection C of this section for the portion of the sign to be measured.
§ 170-8. Freestanding signs.
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all freestanding signs:
A. Freestanding signs, with all parts, braces and supports thereof, shall be located entirely behind the property line and shall not project over the public right-of-way or other adjoining lands.
B. Freestanding signs shall have a maximum area of 32 square feet if single-faced and 64 square feet if double-faced, with no dimension being longer than 12 feet. However, freestanding signs may increase the area dimensions by 50% if the following conditions are met:
(1) The height of the freestanding sign, including support structure is no greater than eight feet; and
(2) The freestanding sign is illuminated by direct lighting or illumination of the characters is achieved through silhouette lighting.
C. A property may have one projecting, under-canopy or freestanding sign. Lots which abut more than one collector or arterial street and also have one or more points of egress and/or ingress on more than one collector or arterial street may have one additional projecting, under-canopy or freestanding sign.
D. No individual business or other enterprise within a shopping center/shopping mall or office/industrial park may erect or maintain a freestanding sign.
E. The height of a freestanding sign shall be no greater than 15 feet.
F. Freestanding signs shall not be placed as to obstruct sight distance.
G. Signs attached to a wall not incorporated into the structural support of a building shall be considered freestanding signs and in addition to the regulations stipulated above have the following regulations:
(1) The wall in which the sign is attached is made of permanent structural material which can withstand the natural elements and is considered decorative in color and texture and incorporates landscaping into the overall design of the sign. An example would be the placement of a sign on a brick retaining wall.
(2) The area of the sign on the wall shall not exceed 48 square feet.
(3) The wall, unless used for purposes other than decorative, shall be no higher than eight feet to be eligible for the placement of a sign affixed to such.
(4) The sign on the wall shall be illuminated by direct lighting or through silhouette lighting of the lettering or characters of the sign.
§ 170-9. Projecting and under-canopy signs.
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all projecting and under-canopy signs:
A. Such signs shall not project more than five feet beyond the building line in the direction of the street, nor shall any portion of a projecting sign be closer than two feet to the plane of the vertical face of the street curb or curbline.
B. Such signs shall not have any portion less than 10 feet above grade level.
C. Such signs shall have a maximum area not to exceed 15 square feet if single-faced or 30 feet if double-faced.
D. Such signs shall have a vertical dimension of not more than six feet in height.
E. A property may have one projecting sign, one under-canopy sign or one freestanding sign. Properties which abut more than one collector or arterial street and also have one or more points of egress and/or ingress on more than one collector or arterial street may have one additional projecting, under-canopy or freestanding sign .
F. No individual business or other enterprise within a shopping center/shopping mall or office/industrial park may erect or maintain a projecting sign.
§ 170-10. Roof signs.
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all roof signs:
A. No more than one roof sign shall be erected and maintained on a single premises.
B. A roof sign shall be no greater than 32 square feet in sign area.
C. A roof sign shall not project higher than the top of the roofline. Roof signs are prohibited on flat roofs.
§ 170-11. Wall, canopy, awning, marquee, window and parapet signs. [Amended 10-20-2005 by Ord. No. O-05-14]
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all wall, canopy, awning, marquee, window and parapet signs not exempt pursuant to § 170-4:
A. No such sign, except for parapet signs, shall extend above the top of the wall upon which it is placed.
B. Parapet signs shall not extend more than 10 feet above the point at which the roof meets an exterior wall of the building.
C. No such sign, or any part thereof, shall project more than 12 inches from the wall upon which it is mounted. If external lighting is used, reflectors must be 10 feet above the surface of the sidewalk, equipped with wire mesh guards in order to protect pedestrians passing underneath. Canopy, awning and marquee signs are exempt from this subsection.
D. No such sign, or any part thereof, including braces, supports or lights, including parapet signs, shall exceed a height of 25 feet as measured from grade level directly below the face of the sign.
E. No such sign shall extend laterally beyond the extremities of the wall to which it is attached.
F. Signs attached to a wall not incorporated into the structural support of a building shall be regulated as freestanding signs. See § 170-8, Freestanding signs.
§ 170-12. Balloons.
Balloons, hot-air balloons or other inflatable objects are allowed only as temporary signs.
§ 170-13. Off-site directional signs.
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all off-site directional signs:
A. Off-site directional signs are for businesses not located along an arterial street.
B. The content of off-site directional signs shall be limited to the name of the establishment and direction and distance information.
C. The square footage of the sign area will count towards the advertiser's property. No advertiser shall have more than two off-site directional signs displayed at one given time.
D. Off-site directional signs shall be freestanding signs, with a maximum area of 10 square feet on a single-faced sign or 20 square feet on a double-faced sign and a maximum height of 10 feet.
E. No more than two off-site directional signs may be located on any given property.
§ 170-14. On-site directional signs.
In addition to the provisions of Articles IV and V of this chapter, the following regulations shall apply to all on-site directional signs:
A. On-site directional signs may be erected on nonresidential properties if one or more of the following conditions are met:
(1) The premises contains 250,000 square feet of space on a single lot;
(2) The premises contains 250,000 square feet of space on multiple lots under single ownership or lots regulated by one common property owners' association;
(3) The lot is 25 acres in size or greater;
(4) The lot is under single ownership; or
(5) Multiple lots are regulated by one common property owners' association totaling 25 acres or greater in size.
B. All on-site directional signs must be similar in style and color.
C. On-site directional signs shall be no higher than 10 feet as measured from the grade directly below the sign.
D. On-site directional signs shall have a sign area no larger than 32 square feet single-faced or 64 square feet double-faced.
E. On-site directional signs must be at least 200 feet from the edge of any public street right-of-way adjacent to the property.
F. On-site directional signs may bear commercial advertisements as follows:
(1) The total area for commercial advertisement that identifies the property is less than 20% of area or five square feet of the on-site directional sign, whichever is less, and the area of which shall be calculated into the total sign area for the property pursuant to §§ 170-15 and 170-19.
(2) The commercial advertisement that identifies the property shall be the same on each on-site directional sign.
(3) If the on-site directional sign is going to list individual businesses, the total area for the commercial advertisement for each individual business listed on such a sign shall be less than 20% of total area or two square feet of the on-site directional sign, whichever is less.
G. The content of the on-site directional signs shall be limited to the businesses and/or related entities on the premises and must include direction or distance information.
ARTICLE IV
Sign Uses
§ 170-15. Shopping center/shopping mall and office/industrial park signs.
In addition to the provisions of Articles III and V of this chapter, the following regulations shall apply to all shopping center/shopping mall and office/industrial park signs:
A. Individual stores or businesses located in a shopping center/shopping mall and office/industrial park may not have freestanding signs or projecting signs.
B. Individual stores or businesses may have exterior signs only if the store has a direct exterior door for general public use.
C. A shopping center/shopping mall or office/industrial park is permitted to have a freestanding sign. The freestanding sign shall be regulated as such with the following additional regulations:
(1) A shopping center/shopping mall or office/industrial park must have access to and/or frontage on an arterial street or collector street to qualify for a freestanding sign.
(2) The freestanding sign shall designate the name of the shopping center/shopping mall or office/industrial park and address of the development, a portion of which may be used as a directory sign.
(3) Only one freestanding sign per major entrance at an arterial or collector street (a maximum of three signs), bearing the name of the shopping center/shopping mall or office/industrial park, may be erected on the lands occupied by the development and is subject to the provisions contained herein.
(4) In any case where the name of the shopping center/shopping mall or office/industrial park duplicates, approximates or phonetically sounds the same as a particular business or store and is placed on a freestanding sign of such a development, the area of the said sign(s) shall be calculated towards that business's or store's allowable sign area.
D. Sign area for all signs in a shopping center/shopping mall or office/industrial park shall be calculated as follows: [Amended 10-20-2005 by Ord. No. O-05-14]
(1) Individual stores or businesses. Any sign within the aforementioned development that identifies an individual business, product or service offered at such as permitted pursuant to § 170-15B shall calculate their allowable sign area based on their gross floor area as provided for in § 170-19.
(2) Signs identifying the development. The sign area for all freestanding signs, including the entire area of directory signs, portion of on-site directional signs identifying the development and all other permitted signs, other than those or portion of which that identify the individual businesses or stores as permitted pursuant to § 170-15B, shall be calculated based on the gross floor area of the entire shopping center/shopping mall or office/industrial park as provided for in § 170-19.
§ 170-16. Campus signs.
The following sign regulations in addition to Articles III and Article V shall apply to all uses located on the grounds of a campus.
A. If a campus has a gross floor area greater than 250,000 square feet or the campus is situated on 25 acres or more, it may have on-site directional signs as provided under § 170-14, with the following additional regulations:
(1) On-site directional signs shall have a maximum sign area of 60 square feet single-faced and 120 square feet double-faced.
(2) On-site directional signs shall be permitted to have a commercial advertisement no larger than 20% of the sign area.
(3) On-site directional signs shall be allowed along public rights-of-way with the proper permission from the corresponding authority given that the on-site directional signs are not closer than 300 feet to one another or any other freestanding sign owned by the same entity.
B. Campuses shall be permitted to have freestanding sign(s) as follows:
(1) A campus shall be permitted to have one freestanding sign per entrance located off of a collector or arterial street or one freestanding sign to identify an individual building located on campus.
(2) Each freestanding sign shall be regulated as such except for those identifying a public entrance to the campus which shall be permitted to double the area constraints.
(3) Each freestanding sign at a campus entrance must be positioned at least 1,000 feet away from another freestanding sign at a campus entrance.
C. Campus buildings shall be permitted to have wall signs as permitted under § 170-11, Wall, canopy, awning, marquee, window and parapet signs. However, the total area of all signs on a building shall be limited based on gross floor area of the building as provided for in § 170-19, Signs in commercial and industrial districts and other nonresidential uses. [Amended 10-20-2005 by Ord. No. O-05-14]
D. The total area for all permitted signs shall not exceed 20 square feet per acre of the campus or based on square footage of the gross floor area of all buildings on the property as provided for in § 170-19, whichever is greater. For campuses which extend across municipal lines, the portion of the campus in College Township shall be used for calculating area for the campus.
E. The area on any sign or portion of a sign, whether freestanding or mounted on a wall, which denotes the words "Emergency" or "Emergency Rooms" shall be exempt from all area calculations.
F. Campuses which are proposing more than 25 individual signs shall be required to submit a signage master plan with the following regulations:
(1) The following is a list of items required to be a part of the signage master plan:
(a) A map or series of maps illustrating the locations of all signs to be covered by the master plan and the map(s) shall:
[1] Include an index map if the master plan includes a series of maps outlining the location of each individual map;
[2] Be at a scale of no less than one inch equals 200 feet;
[3] Include parcel and rights-of-way boundaries; and
[4] Identify each sign with a unique identifier to be used consistently throughout the master plan.
(b) The master plan shall include the following for each individual sign:
[1] A sketch to scale of the sign;
[2] Square footage of the sign face(s);
[3] Height of sign;
[4] Type of sign, i.e., freestanding or wall sign;
[5] Color of each sign element;
[6] Type of construction material used; and
[7] A unique identifier which correlates to the sign's location on the map(s) included in the master plan.
(c) A table delineating all signs in the master plan, their unique identifier, area, height and type of sign with a total for the number of each type of signs and total area for each and for the campus as a whole.
(d) A phasing schedule shall be completed if the signs are to be installed over a period of time.
(2) A signage master plan shall require approval from the governing body or its designee. A decision on the master plan shall be rendered within 60 days of receipt of the master plan.
(3) College Township Council or its designee shall review the master plan for its conformance with applicable regulations and compatibility of signs in terms of shape, color and size.
(4) Amendments to the signage master plan may need to be made from time to time. Any change to signs already approved under the signage master plans or new additional signs shall require an amendment to the master plan. If more than 50% of the existing signs are to be changed in terms of shape, size or color, or the total area of new signs results in an increase of 50% more sign area on campus, a new signage master plan will be required pursuant to the aforementioned requirements.
ARTICLE V
Requirements and Restrictions for Signs in Zoning Districts
§ 170-17. Signs in residential districts.
Signs located in the rural and residential zoning districts with the exception of the Village District shall be subject to the following requirements and must obtain licenses from College Township:
A. Signs identifying registered home occupations are permitted, provided that their sign area is no greater than 2.5 square feet if single-faced or five square feet if double-faced. Only one home occupation sign shall be permitted per dwelling unit on a property. The height of the sign shall be no greater than five feet.
B. Signs identifying recreational facilities shall be permitted when located on the premises thereof and containing no commercial advertisement.
C. Wall signs denoting the name of an apartment building, community or municipal center or similar enterprise shall be permitted, provided that the signs bear no commercial advertisement. The area of such signs shall not exceed 25 square feet and shall be limited to the main entrances of said buildings.
D. Information signs in all residential districts which identify the general direction of apartment buildings, office buildings, community or municipal centers and similar enterprises shall be permitted, provided that such signs are located at an interior intersection of the development.
E. Nonresidential uses located in any of the residential zones shall be permitted to have any type of sign pursuant to the appropriate sign type regulations and sign area for the entire property based on the size chart provided in § 170-19. [Amended 10-20-2005 by Ord. No. O-05-14]
F. Freestanding signs shall be permitted given the following regulations:
(1) Residential developments shall be permitted to have one freestanding sign at each entrance to the subdivision or multifamily property from a collector or arterial street.
(2) Each freestanding sign for a residential development shall be compliant with § 170-8, freestanding signs.
§ 170-18. Signs in Village Zoning District.
Signs located in the Village Zoning District shall be subject to the following regulations and must obtain licenses from College Township:
A. Signs illuminated by other than direct lighting shall be prohibited.
B. A property in the Village District can have two freestanding signs as long as they represent two different establishments. This supersedes § 170-8C. [Amended 10-20-2005 by Ord. No. O-05-14]
§ 170-19. Signs in commercial and industrial districts and other nonresidential uses.
Signs in the commercial and industrial zoning districts, nonresidential uses in the Planned Residential District and Village Zoning District and each individual building on a campus shall be subject to the following regulations and must obtain licenses through College Township:
A. Calculations.
(1) For each individual business in a shopping center/shopping mall or office/industrial park, the maximum sign area will be calculated on a basis of gross floor area (gfa), as described below. For any other nonresidential use, this formula shall be applied for the allowable sign area on the basis of the gfa for the entire property:
|
Store/Business Area (GFA) |
Sign area per GFA formula |
Maximum Sign Area per Class (square feet) |
| Up to 4,500 | 1 square foot per 30 GFA | 150 |
| 4,501 to 30,000 |
Maximum sign area of previous class +1 square feet per additional 300 GFA 150 + [(GFA - 4,500)/300] |
235 |
| 30,001 to 75,000 |
Maximum sign area of previous class +1 square feet per additional 3,000 GFA 235 + [(GFA - 30,000)/3,000] |
250 |
| 75,001 and up | 250 square feet | 250 |
(2) The following chart gives examples of the calculated area allowable for various gross floor areas (gfa):
|
Store/Business Area (GFA) |
Sign area per GFA formula |
Maximum Sign Area per Class (square feet) |
| 900 | 1 square foot per 30 GFA | 30 |
| 1,800 | " | 60 |
| 2,700 | " | 90 |
| 3,600 | " | 120 |
| 4,500 | " | 150 |
| 4,800 |
+1 square feet per additional 300 GFA 150 + [(GFA - 4,500)/300] |
151 |
| 6,000 | " | 155 |
| 12,000 | " | 175 |
| 18,000 | " | 195 |
| 24,000 | " | 215 |
| 30,000 | " | 235 |
| 42,000 |
+1 square feet per additional 3,000 GFA 150 + [(GFA - 30,000)/3,000] |
239 |
| 54,000 | " | 243 |
| 66,000 | " | 247 |
| 75,000 | " | 250 |
ARTICLE VI
Temporary Signs
§ 170-20. Requirements and design regulations.
A. No person, group, business, organization or entity may erect or maintain any temporary sign without first obtaining a temporary sign permit from the Zoning Office, except exempted signs as described in § 170-4.
B. Temporary signs must meet all requirements of this chapter with the following exceptions: A-frame signs and movable signs are permitted as long as the sign is secured and would not be easily blown down by normal wind currents.
C. Balloons containing advertisement, hot-air balloons or other inflatable objects are permitted as temporary signs for a maximum of seven calendar days per year. However, they must be secured and not create a safety hazard. The sign area of the balloon will not be counted towards temporary sign area maximum.
D. No temporary sign may be placed so as to impede the normal flow of pedestrian or vehicle traffic, nor shall such signs impede the sight of or cover any existing business sign and traffic control sign or any entrance or exit to any property or business.
E. No business shall exceed a maximum of 50 square feet of temporary sign area.
§ 170-21. Time limits.
A. The time limit for temporary signs is 60 days per calendar year per business or other entity. Such entity must obtain a separate permit for each time period that the sign is on display. The duration of each time period must be declared by the permittee and will be specified on the permit. Each sign requires a separate permit.
B. Temporary sign permits must be obtained prior to the display of any temporary sign. Should a permit not be applied for before the sign is erected, the ensuing permit would be dated retroactive to the first day of the sign's display.
C. If a sign is not removed at the end of the permitted duration, the time duration beyond that which is permitted will be deducted from the permittee's total maximum temporary sign allowance of 60 days per calendar year.
D. A temporary business, as defined by Chapter 171, Solicitors and Temporary Businesses, may have a temporary sign for the duration of the valid temporary business license, not to exceed a maximum of 13 weeks per calendar year unless the sign is utilized in conjunction with a temporary use, which is regulated under § 200-41, Temporary uses. Such sign(s) shall then be allowed for the duration of the temporary use license if greater than 13 weeks per calendar year. [Amended 3-2-2006 by Ord. No. O-06-01]
ARTICLE VII
Licensing of Signs
§ 170-22. Licensing provisions.
All signs, unless exempted in § 170-4, must be licensed by College Township.
A. All signs to be licensed shall be classified as either temporary, permanent or nonconforming for the purpose of license duration and corresponding fees. The Township reserves the right to require evidence that the property owner has granted permission for a sign to a tenant prior to the issuance of a license.
B. The change of a sign face or product advertised may be done under the same license; however, any change of the name of the business on a sign will require a new permit and license.
C. License fees and the initial permit fee will be set by resolution of the College Township Council.
D. There shall be no fees for nonprofit organizations.
E. There shall be no fees for signs identifying developments in residential districts.
§ 170-23. Permanent signs.
A. Prior to placing a sign not exempt in § 170-4, an application must be submitted to the Zoning Office on forms provided by College Township. If the application is approved, a permit will be issued and the applicant may erect the sign.
B. The permit fee and license fee will be due upon permit approval. When the sign is in place, the Zoning Officer will inspect the sign to ensure that it complies with the appropriate ordinances.
C. Sign licenses shall be renewed every three years upon payment of the license fee.
§ 170-24. Temporary signs.
A. Prior to placing a sign not exempt in § 170-4, an application must be submitted to the Zoning Office on forms provided by College Township. If the application is approved, the applicant may erect the sign.
B. After permit approval, the applicant will be billed for the temporary sign license. When the sign is in place, the Zoning Office will inspect the sign and, if it complies with the appropriate ordinances, will issue a temporary sign license.
C. Time limits and permit regulations are specified under § 170-21. [Amended 10-20-2005 by Ord. No. O-05-14]
§ 170-25. Nonconforming signs.
A. All existing signs that do not conform with the regulations of this chapter must be licensed within 180 days after adoption of this chapter.
B. Nonconforming signs must comply with the regulations of this chapter if the sign is damaged or destroyed to the extent of 50% or more of its replacement value.
C. Nonconforming signs must comply with the regulations of this chapter if the use of the sign is abandoned for longer than one year.
ARTICLE VIII
Safety and Maintenance
§ 170-26. Compliance with applicable standards.
Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems, shall be constructed and maintained in compliance with the Building, Electrical and Fire Prevention Codes as they now exist, or as they may hereafter exist. All signs and all parts thereof shall be kept in good state of repair and maintenance.
ARTICLE IX
Enforcement
§ 170-27. Enforcing officials; duties.
The Zoning Officer and/or Ordinance Enforcement Officer shall examine all applications for permits for the erection of signs and issue licenses for new signs and for continued use of signs which conform to the requirements of this chapter. He or she shall file all applications for permits with any accompanying plans and documents, make routine inspections of signs in College Township and make such reports as the Township may require.
§ 170-28. Violations and penalties.
Violations of this chapter by a person or business shall be subject to the penalties for such violations as set forth in Chapter 136, Ordinance Enforcement.
§ 170-29. Enforcement procedure.
This chapter shall be enforced by the Ordinance Enforcement Officer in accordance with the provisions of Chapter 136, Ordinance Enforcement.
§ 170-30. Variances.
With the exception of temporary signs which shall not be eligible for variance, the College Township Zoning Hearing Board shall act as Sign Review Board and may grant variances from this chapter. The procedure for granting variances shall be those set forth in Chapter 200, Zoning. The Zoning Hearing Board shall have the power to hear and rule on appeals from decisions of the Zoning Officer and/or Ordinance Enforcement Officer pertaining to signs. Such appeals must be properly filed with the Zoning Hearing Board within 30 days of the Zoning Officer's and/or Ordinance Enforcement Officer's decision.
Town of Dagsboro, DE
Chapter 275 - ZONING
[HISTORY: Adopted by the Town Council of the Town of Dagsboro 10-18-1994. Amendments noted where applicable.]
ARTICLE XII
Sign Regulations
[Added 8-28-2006]
§ 275-68. Purpose; applicability; definitions.
A. Purpose.
(1) Encourage the effective use of signs as a means of communication in the Town.
(2) Avoid visual clutter and unsightly displays.
(3) Promote the safety and convenience of pedestrians and motorists.
(4) Minimize the adverse visual effects of signs on nearby public and private property.
B. Applicability.
(1) A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with this chapter. Signs erected in any manner not in conformance with this chapter shall be considered illegal and shall be subject to the removal provisions and punitive sanctions of this chapter and this Code.
(2) By agreement of property owners in private developments, subdivisions, and residential complexes, an owners' association or similar regulatory body may promulgate and enforce sign regulations within that private community. In the event any such regulation is in conflict with any provision of this chapter or Code, the more stringent regulation shall apply within that community. The Town shall not enforce the private sign provisions of such community, but the provisions of this chapter shall be enforced within such community.
C. Definitions. The following words and phrases shall be interpreted and construed in accordance with the definitions noted. Any word not defined in this subsection shall be deemed to have its common meaning as found in a standard dictionary.
ADVERTISE — To advise, announce, apprise, command, give notice of, inform, make known, publish or call to the public attention by any means whatsoever.
ADVERTISEMENT — Notice given in a manner designed to attract public attention. Information communicated to the public or to the individual concerned, including, but not limited to, handbills, newspapers, television, billboards, and radio.
ANIMATED SIGN — Any sign that displays letters, words, characters or symbols, which are not stationary.
AWNING or CANOPY — A retractable or fixed shelter constructed of materials on a supporting framework that projects from the exterior wall of a building.
AWNING OR CANOPY SIGN — A sign affixed to or integral with the surface of an awning or canopy.
BALLOON SIGN — A sign composed of an inflatable, nonporous bag.
BANNER SIGN — A sign made of fabric, plastic or other nonrigid material without an enclosing structural framework.
BILLBOARD — A sign that advertises an establishment, project, service, space or activity that is located elsewhere than upon the lot or premises on which the sign is located. (Also defined as "off-premises sign.")
BUILDING CODE — The current code or codes in effect in the Town, that govern(s) the erection, alteration, maintenance and removal of structures, including all structures not specifically exempted from the provisions thereof.
CANOPY — See "awning or canopy."
COMMUNITY SIGN — Any permanent sign that identifies any residential community, subdivision or facility.
CONSTRUCTION SIGN — A sign that identifies the owners, financiers, contractors, architects, engineers or tenants of a project under construction.
DIRECTIONAL SIGN — A sign displaying only the name and location of essential services located within the Town of Dagsboro.
ESSENTIAL SERVICES — Services provided for the health, safety, or general welfare and convenience of the public. These services are provided by public utilities, municipal departments and commissions, as determined by the Town Council.
FLAG — A fabric or similar material that is mounted onto a pole on one edge. A flag may be:
(1) Governmental: a symbol of a recognized government or related entity;
(2) Decorative: consisting of patterns and colors without messages; or
(3) Commercial: conveying information relevant to the operation of a business or items for sale.
FLASHING SIGN — An illuminated sign on which the artificial or reflected light is not stationary and constant in intensity and color. Any sign which revolves or moves, whether illuminated or not, shall be considered a "flashing sign."
FREESTANDING SIGN — A permanent detached sign that is not attached to a building. Freestanding signs include pylon, post, or monument signs.
GOVERNMENT SIGN — A temporary or permanent sign erected by the Town of Dagsboro, Sussex County, or the state or federal government, including temporary signs as necessary in conjunction with the improvement of public infrastructure.
GRADE — A gradient or slope which shall be determined by the height from the center of a road and shall be adjusted to consider exceptional topography.
IDENTIFICATION SIGN — A sign that lists the name and/or address of the occupant or business entity occupying the premises on which the sign is located.
ILLUMINATED AWNING SIGN — Any sign that is a part of, or is attached to, an illuminated awning.
INCIDENTAL OR DIRECTORY SIGN — An informational sign that gives directions or instructions for use of the parcel or lot on which it is located, such as "no parking," "entrance," "exit," "loading only," etc.
INDIRECTLY ILLUMINATED SIGN — A sign whose illumination is derived from an external artificial source.
INSTRUCTIONAL SIGN — A sign conveying instructions with respect to the premises on which it is maintained, such as "no trespassing," "danger," etc.
MARQUEE — A covered structure erected over a doorway, or doorways, as protection from the weather. The structure has an individual roof and is supported by, and projects from, the building on which it is mounted.
MARQUEE SIGN — A sign attached to or hung from a marquee.
MENU SIGN — A sign designed for, and used at, drive-through restaurant facilities.
MONUMENT SIGN — A freestanding sign that is affixed to a base that is equal to or wider than the sign itself. Such signs shall be situated so as to have the longer dimension oriented horizontal, and to have the shorter dimension oriented vertical.
MULTIFACED SIGN — A sign with two or more facings.
MULTIFAMILY BUILDING STRUCTURE — A structure of two or more residential units.
MURAL — A design or representation, painted or drawn on a wall, that does not contain promotional or commercial advertising; any wall decoration without lettering.
NONCOMMERCIAL SPEECH SIGN — Any sign containing a political, philosophical, religious or other public-interest message not used for commercial purposes and not made in furtherance or promotion of a commercial product, service, enterprise or political candidate. Political signs are not included in this sign classification.
OFF-PREMISES SIGN — A sign that advertises an establishment, project, service, space or activity that is located elsewhere than upon the lot or premises on which the sign is located. (Also defined as "billboard.")
ON-PREMISES SIGN — A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as that upon which the sign is maintained.
PERMANENT SIGN — A sign which has a permanent location on the ground or which is attached to a structure having a permanent location and which meets the structural requirements for signs as established in the Building Code.
PERMITTEE — A person holding a valid permit.
POLITICAL SIGN — Any sign used in connection with an official Town of Dagsboro, school district, county, state or federal election or referendum.
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; a sign or sandwich board designed to be carried by a person 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 and is not parked at location of business for over 48 hours consecutively.
PROJECTING SIGN — Any sign that is attached to a building and extends more than 12 inches beyond the wall of the building to which it is attached.
PROMOTE — To contribute to growth, enhancement or prosperity of; to forward; to further; to encourage; to advance.
READER BOARD — A permanent sign with movable letters, words or numerals.
REAL ESTATE SIGN — A sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.
RESIDENTIAL LIVING SIGN — A decorative or informative sign, placed in front of a dwelling, which bears information about the building(s) or resident(s) who dwell on that lot/parcel. Examples of such signs include but are not limited to: resident's last name, year building was erected and street number.
ROOF SIGN — A sign erected on a roof that extends above the eaves of the building or above any vertical wall of a structure.
SETBACK — An open space on the same premises with a sign or signs, which lies between the nearest edge of the sign or signs and the nearest street line or property line.
SIGN — A structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction.
SIGN AREA — The entire area of the letters, figures, designs and area of illumination, 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.
SPECIAL EVENT — An event of temporary or limited duration, including, but not limited to, yard sales, garage sales, carnivals, circuses, sidewalk sales, special promotions and public events.
STREET LINE — A dividing line between a lot, premises or tract of land and a street, road, highway, court, place, square, lane or way set aside and used as a right-of-way for common street ingress or egress purposes. For the purposes of this chapter, street frontage shall be measured along the street line.
TEMPORARY SIGN — A sign that is erected for a time limit not to exceed two weeks, unless an extension of the time limit is granted by the Town Council.
UNIT — A single residential dwelling or a single commercial/business premises.
WALL SIGN — A single-faced sign painted or attached directly to and parallel to the exterior wall or window of a building, and does not project more than 12 inches from the wall.
WINDBLOWN DISPLAYS — Any banner, flag, pennant, spinner, streamer, moored blimp, inflatable streamer or balloon, whether or not conveying a message through the use of words, letters or symbols. In the case of a string of pennants, flags, etc., each string shall be treated as one windblown display.
WINDOW SIGN — A sign placed inside or outside of a window and intended to be viewed from the outside.
§ 275-69. Signs permitted in all districts; exemptions from regulations.
A. The following signs are permitted in all districts and do not require a permit:
(1) Government, utilities and safety/warning signs.
(a) Highway and street signs erected by state, county or municipal agencies. These signs are erected for the purpose of giving directions, or as a result of construction projects.
(b) Utilities signs: used by a public utilities official in the performance of his official duties. The signs are erected to control traffic or warn of a dangerous condition.
(c) Warning signs: a sign warning the public about trespass, danger or safety considerations.
(d) Signs advertising Town Council-sponsored events and charitable or nonprofit events.
(2) Historic markers placed under the authority of local, state or federal government.
(3) Measuring two square feet or less in total area:
(a) Residential living signs.
(b) Newspaper or mailbox signs that are a part of a mailbox or a newspaper tube and conforms to applicable government regulations.
(4) Flags of any nation, state, city, educational institution, or nonprofit organization.
(5) A sign whose display is required by law or regulation.
(6) Commemorative sign: a sign that is cut into the masonry surface or constructed of bronze or other material and made an integral part of a structure, indicating the origin, originators and date of the structure.
(7) Noncommercial speech signs, subject to the following:
(a) Not more than one sign per parcel of property.
(b) Shall not be an illuminated sign.
(c) The total area shall not exceed four square feet.
(d) Shall be no larger in overall height than three feet from the grade.
(e) Shall not obstruct visibility at road intersections.
(8) Political signs, subject to the following:
(a) Shall not be displayed more than 45 days before, and must be removed three days after, the official election to which the sign pertains.
(b) Shall be no larger than four square feet in area.
(c) Shall be placed only within the boundaries of a parcel or lot with permission of the property owner.
(d) Shall be no higher in overall height than three feet from the grade.
(e) Shall not obstruct visibility at road intersections.
(f) Shall not be illuminated directly or indirectly.
(9) Real estate signs are subject to the following provisions:
(a) Shall be no larger than four square feet.
(b) Shall be placed only on the parcel or lot being advertised for sale.
(c) Shall be no higher in overall height than three feet from grade.
(d) Shall be removed within 10 days after closing the sale, lease or rental of the property.
(e) One real estate sign per 100 linear feet of street frontage is permitted. One sign is permitted on a parcel containing less than 100 linear feet of street frontage.
(f) Off-premises signs, intending to advertise property or to direct traffic to a property or subdivision, are not permitted.
(g) Shall not obstruct visibility at road intersections.
(h) Shall not be illuminated directly or indirectly and shall not use fluorescent materials to simulate illumination.
§ 275-70. Permits required.
A. Sign permits.
(1) A sign permit shall be required to erect, install, alter, display, relocate or replace any sign or mural, except as otherwise exempted.
(2) Application for permit to erect, install, alter, display, relocate or replace a sign is to be made by the owner, tenant, or lessee of the property on which the sign is to be located, or by the authorized agent, Delaware-licensed contractor, or registered architect or engineer. The application is to be made in writing to the Town on forms furnished by the Town and shall be signed by the applicant. The application shall state the address, site of installation, and estimated cost of the work and fully describe the sign according to the definitions and specifications of this chapter.
(3) Upon approval of the application and before issuing the sign permit, a permit fee of $50 shall be paid.
(4) If the permittee, at any time, fails to comply with the provisions of this chapter or does not provide the approved drawings, specifications and details, or fails to comply with any written directions of the Code Enforcement Officer, the Code Enforcement Officer may suspend or revoke the permit seven days after notice has been provided to the permittee.
B. Temporary permit requirements.
(1) Temporary signs, commercial flags and/or banners placed within Town limits for special events, holidays, public demonstrations, commercial promotions or promotion of civic welfare or for charitable purposes shall require a temporary permit. No fee shall be paid for a temporary sign permit unless subsequently determined by the Town Council.
(a) Town Council will consider the size of the proposed sign, flag or banner in relation to the location and zoning of the area in which it is proposed for placement.
(b) Permits granted hereunder shall generally be limited to the duration of the event and shall not exceed seven days. Consideration shall be given to the nature of the event, and the purpose and location of the temporary sign, flag or banner; a longer period of time may be approved.
(c) Signs, flags or banners authorized by a temporary permit shall be removed immediately upon the completion of the event.
(2) Incidental signs are permitted subject to the following provisions:
(a) Shall not exceed three square feet in area and four feet in overall height from grade.
(b) Shall be limited to the identification of functions such as traffic control, loading areas, and entrance, exit and security system signs.
(c) Signage with the recognized international symbol of accessibility or van accessibility is permitted and shall be in accordance with the requirements and recommendations of the American Disabilities Act (ADA).
(3) Not more than three temporary sign permits will be granted in any calendar year for any one lot or parcel.
§ 275-71. Prohibited signs.
A. Prohibited signs in all districts:
(1) Signs employing any light that flashes, moves, oscillates or varies intensity, except time-and-temperature indicators.
(2) Animated signs.
(3) Signs that produce noise or sounds or emit visible smoke, vapor, particles or odor or contain iridescent material to simulate reflections or illumination.
(4) Signs with intermittent lights resembling or seeming to resemble the flashing lights customarily associated with danger or such as are customarily used by police, fire or ambulance vehicles or for navigation purposes.
(5) Signs located in a position that causes them to obstruct a motorist's view of other vehicular or pedestrian traffic.
(6) Signs located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist.
(7) Signs attached to any vehicle or trailer parked primarily for display purposes.
(8) Signs located within any right-of-way unless otherwise permitted by this chapter.
(9) Pennants, flags, streamers, balloons, blimps or banners displaying a commercial message, except as temporary advertising signs which have been issued a temporary sign permit.
(10) Structural walls used for advertising or directing attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than upon the premises on which the building sits.
(11) A sign erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
(12) A wall sign that extends above the eaves of a building, or beyond the corner of the wall to which it is affixed.
(13) Roof signs.
(14) Billboards or off-premises signs.
(15) No unregistered or inoperative vehicle or trailer body shall be used as a sign.
(16) Obscene signs: signs containing graphic pornography or obscenity or statements, words or depictions that are pornographic or obscene as determined by local standards.
(17) Any new sign that is not specifically permitted by the provisions of this article is prohibited.
§ 275-72. Sign size and placement; nonconforming signs; unsafe signs.
A. General provisions.
(1) Any sign and/or supporting structure which advertises or identifies a closed or abandoned business shall be removed by the owner of the property or the person having beneficial use of the property upon which the sign is located within 60 days after the business closes. After the sixty-day period, the Code Enforcement Officer may remove the sign, provided that the owner has been issued 10 days' notice of the violation, in writing, by the Code Enforcement Officer.
(2) No tree, light pole, utility pole or supporting member of a building shall be used for the placement of any sign except as otherwise provided in this article.
(3) All signs for home occupations, bed-and-breakfast establishments or professional offices located in a residential district or the residential/commercial downtown district, if lit, shall only be externally illuminated.
(4) A sign accessory to a nonconforming use or structure shall conform to the provisions of the zoning district in which the nonconforming use or structure is located.
(5) All signs shall be maintained in good repair: free of peeling paint or paper, faded colors, staining, rust or other conditions that impair the legibility of such sign, and all supports, braces, guys and anchors shall be maintained in a manner that will not cause a hazard to the public.
(6) No sign shall be placed in, upon, or over any public right-of-way, alley, or other public place, except as may be otherwise permitted by this chapter, and unless the Town Council issues a permit. If a permit is granted for a sign in a public right-of-way or alley, the sign must maintain a minimum height clearance of 12 feet from the bottom of the sign to the ground.
(7) All signs shall comply with the Building and Electrical Codes adopted by the Town of Dagsboro. Illuminated signs requiring electrical connections shall be required to use underground wiring for all exterior connections.
(8) All externally illuminated signs shall utilize an enclosed lamp design or indirect lighting from a shielded source in a manner that prevents the light from shining onto traffic or adjacent residential property.
B. Sign area measurement. The sign area is the entire portion of the letters, figures, designs, and area illumination, together with any material and color forming an integral part of the background of the display or used to differentiate the sign from the background or structure against which it is placed.
(1) Supports. The structure that supports a sign is not included in measuring the sign area unless the structure is designated and used as an integral part of the display.
(2) Multiple sections. The area of a sign that consists of more than one section includes the space between the sections plus the measurement of the sections of the sign.
(3) Multiple faces. The area of a sign with more than one face or plane is measured as follows:
(a) General. All sides of a sign that can be seen at any one time from any vantage point outside the property line of the site where the sign is located are included in the computation of sign area.
(b) Parallel faces. A parallel sign is one whose faces are equidistant from one another at all points. When the faces are less than two feet apart, the sum of both faces is used in the computation of sign area. When the faces are more than two feet apart, the sum of both faces and sides is used in the computation of sign area.
(c) "V" shaped. The area of a two-sided sign constructed in the form of a "V" is calculated by the same method as parallel faces if the angle of the "V" is less than 30° and the distance between the sides does not exceed five feet at any point. If the angle is equal to or greater than 30° or the distance between the two sides is greater than five feet, the sum of all the planes will be used in the computation of the sign area, unless the applicant demonstrates that only one side of the sign will be visible from any single vantage point.
C. Placement.
(1) Setbacks. Setbacks are measured from the portion of the sign nearest the property line.
(2) Height. Height is measured from the portion of the sign that is vertically farthest from the ground.
D. Structural limitations.
(1) A sign shall not be shaped like a traffic sign or signal, or use wording similar to traffic signs, or interfere with traffic safety.
(2) A sign shall not be shaped to resemble a human or animal form.
E. Nonconforming signs; unsafe signs.
(1) Every permanent and legally valid sign existing at the time of adoption of this chapter which does not conform to the height, size, area, or location requirements of this chapter is hereby deemed to be a continued legal nonconforming use, provided that upon change of ownership, change of licensee, closure of the business advertised for a time period of in excess of 60 days, or upon substantial repair or maintenance to more than 50% of the total area of the sign, such signs shall be brought into compliance with the current sign ordinance.
(2) Removal of unsafe or nonconforming signs.
(a) If the Code Enforcement Officer determines that any sign regulated by this chapter is unsafe or constitutes a hazard to the public, such as obstructing vision of vehicle drivers or pedestrians, or has been constructed, erected, or maintained in violation of the provisions of this chapter, the Code Enforcement Officer may remove the sign or require its immediate removal. Failure to comply with a notice of violation by the Code Enforcement Officer shall be deemed a violation, punishable by a fine of $500.
(b) Any sign placed or erected on any public street, alley, or right-of-way, or other public place, where it is not specifically permitted by this chapter, shall be deemed an unlawful sign, and the Code Enforcement Officer may remove such sign. Such removal may be without written or other notice to the owner, lessee or person occupying the property.
(c) In the event that any sign be removed by the Code Enforcement Officer, the owner of the property on which the sign was located shall be responsible for the cost of the removal.
§ 275-73. Signs in R - Residential and HR - High Density Residential Districts.
In the R-Residential and HR-High Density Residential Districts:
A. Permitted signs:
(1) Signs permitted in §§ 275-69 and 275-70 of this chapter are permitted in these districts.
(2) Community signs and residential living signs and fixed symbols, in conjunction with residential usage such as mailbox signs, names of residences and house/unit numbers, not in excess of two square feet.
(3) Except for signs listed in Subsection A(1) and (2), no signs shall be displayed from the interior of any structure so as to be plainly visible from outside the structure.
(4) A maximum of two freestanding signs per entrance, not greater than 15 square feet for any school, church, residential subdivision, multiple-family complex having six or more units, or other institution permitted in residential districts.
(5) Incidental or directory signs for multiple-family complexes having six or more units or nonresidential uses:
(a) One per multifamily structure.
(b) Size shall be no greater than 12 square feet.
(6) Signs for permitted home occupation, professional offices, and bed-and-breakfast establishments.
(a) One freestanding sign:
[1] Not exceeding three square feet in area;
[2] Not exceeding four feet in height from grade level;
[3] Located not less than 10 feet from the public right-of-way; or
(b) One identification sign:
[1] Not exceeding three square feet in area;
[2] Affixed flat against a structure; or
(c) One projecting sign:
[1] Not exceeding three square feet in area;
[2] Placed so that it does not impede visibility of vehicular traffic; and
(d) One directional sign not to exceed two square feet in area.
(7) Standards for approval:
(a) A sign shall be consistent with the architectural features of the building on which it is placed.
(b) Location. Signs shall be located at least 10 feet from any property line.
(8) Windblown displays may be flown or displayed in residential districts, provided that:
(a) No windblown display erected within the Town shall be permitted to carry a commercial message in conjunction with a commercial use or activity occurring on any other location.
(b) Where flown or displayed upon any lot upon which a nonconforming commercial use or permitted business activity is occurring, the following restrictions shall apply:
[1] No more than two windblown displays per lot or unit may be flown or displayed at the same time.
[2] No windblown display shall exceed 15 square feet in area.
(c) Only flags of sovereign nations, states, counties, or municipalities may be illuminated by any conventional means, and:
[1] All such illuminated flags shall be flown or displayed from the same flagpole, staff or similar device.
[2] Revolving, flashing, animated, or moving lights shall not be permitted.
§ 275-74. Signs in C - Commercial, HC - Highway Commercial, TC - Town Center and Industrial Districts. [Amended 11-20-2006; 5-21-2007]
In the C - Commercial, HC - Highway Commercial, TC - Town Center and Industrial Districts:
A. Permitted signs:
(1) Signs permitted in §§ 275-69, 275-70 and 275-73 are permitted in these districts.
(2) For residential structures located in these districts, community signs and residential living signs not in excess of two square feet of area are permitted.
(3) Except for signs listed in Subsection A(1) and (2) and permitted window signs, no signs shall be displayed from the interior of any structure so as to be plainly visible from outside the structure.
B. Types of signs; regulations. In addition to the signs permitted in Subsection A above, there shall be permitted a maximum of two signs per business unit or other nonresidential unit from the following sign classifications:
(1) Wall signs.
(a) Size:
[1] Shall not exceed one square foot of sign area for every linear foot of length of the wall on which the sign is to be displayed.
[2] Total sign area shall not exceed 24 square feet.
(b) Number: one per business unit or other nonresidential unit per street frontage.
(2) Awning and canopy signs.
(a) The total sign area shall not exceed one square foot for every two linear feet of the wall upon which the awning or canopy is located, provided that total maximum area of any such sign shall not exceed 24 square feet.
(b) Sign lettering and design shall be affixed flat to the surface of the awning or canopy.
(c) Only the copy area of the sign shall be considered in any square-foot limitations.
(d) When an awning or canopy sign covers multiple store fronts, each store shall be permitted one copy area, not to exceed 80% of the individual store front.
(3) Marquee signs for theatres, exclusively:
(a) Shall not project more than 42 inches beyond the marquee faces or edges.
(b) Shall, in no instance, be less than eight feet above the walkway, sidewalk or thoroughfare.
(c) Shall not exceed 48 square feet per sign. A theatre may have two marquee signs per building.
(4) Projecting signs.
(a) Number:
[1] One per building wall which faces a street or parking lot.
[2] A building having multiple commercial units shall be permitted more than one projecting sign facing a street or parking lot, provided that:
[a] The number of projecting signs does not exceed one for each 25 feet of frontage.
[b] Number: one projecting sign per unit.
(b) Size. Signs shall not exceed six square feet per sign.
(c) Location:
[1] Shall not project more than 36 inches from the face of the building or wall.
[2] Shall not extend beyond the eaves for a one-story building.
[3] Shall maintain a clearance of eight feet from public street way (sidewalk).
(d) Shall not project or extend into the required setback area.
(e) Shall not be permitted if such sign obstructs, interferes or in any way becomes a hazard to the orderly movement of pedestrian or vehicular traffic.
(5) Freestanding signs.
(a) Number: one per lot or parcel, except where a street frontage exceeds 300 continuous linear feet, in which case, two signs shall be permitted along that frontage.
(b) Size. The sign area shall not exceed 32 square feet per sign.
(c) Location. Signs shall be located at least 10 feet from any property line.
(d) Height. Signs shall not be higher than 16 feet from the grade.
(e) All signage in multi-unit locations shall have continuity in design, size, color and lettering.
(6) Window signs. Area is not to exceed one-half the total area of the window in which it is posted, and a maximum possible area of six square feet.
(7) Sandwich boards shall not exceed 24 inches in width or 36 inches in height.
(8) Reader boards. One per property or business is permitted. It shall either be mounted on a wall or a freestanding sign.
C. Additional sign permitted only in Highway Commercial — HC Districts for drive-through restaurant facilities.
(1) In addition to signage permitted in § 275-74B, one menu sign shall be permitted as follows:
(a) Shall only be used at drive-through restaurant facilities.
(b) Shall not exceed 32 square feet in size.
(c) Shall be designed in a manner and placed in a location that precludes reading the sign from the right-of-way.
(d) Speakers on such signs shall not be audible from the right-of-way or adjoining properties.
D. Special requirements for large-scale commercial complexes or educational campuses.
(1) Purpose. Recognizing that large-scale commercial complexes of three or more principal structures in excess of six units and educational campuses have signage needs that may not be specifically addressed by a municipal comprehensive signage plan, this subsection is intended to allow a procedure for approval of a comprehensive signage plan for these sites.
(2) Any proposed shopping or business office center or group of three or more principal structures in excess of six units under common management and operation, located on one or more contiguous properties, shall submit an application for comprehensive signage plan approval to the Planning and Zoning Committee. Additionally, any proposed shopping or business office center or educational institution which has more than 400 linear feet of frontage on a principal arterial roadway must submit an application for comprehensive signage approval.
(3) Such shopping or business office center or educational campuses are required to follow all sign regulations, as embodied elsewhere in this chapter, unless they choose to apply for comprehensive signage plan approval. All such plans must include a thorough review of all existing signs and proposed signs and detail how the comprehensive signage plan differs from the standard signage regulations set forth in this chapter.
(4) Design guidelines for comprehensive signage plans.
(a) Upon application, the Planning and Zoning Committee shall review and make recommendations to the Town Council regarding the application for a comprehensive signage plan.
[1] The number and total area of signs proposed may not exceed the number and area of total signage otherwise permitted by this chapter.
[2] The signs must be in proportion to the scale of the buildings and uses on the site.
(b) All signs must be in harmony with the overall architectural concept for the site and be architecturally and artistically compatible with each other and the other buildings. Sign type, color scheme, size, and illumination within the site shall be coordinated.
(c) The freestanding signs identifying shopping centers and other unified campuses and complexes shall identify:
[1] The name of the campus or complex.
[2] The primary tenants within the campus or complex.
(5) Town Council duties.
(a) In reviewing and approving comprehensive signage plans, as recommended by the Planning and Zoning Committee, the Town Council shall take into consideration:
[1] The Comprehensive Development Plan of the Town.
[2] Public health, safety and welfare, comfort and convenience of the public in general:
[a] Of the residents, businesses, and property owners of the immediate neighborhood in particular.
[b] Shall ensure that campuses and complexes have adequate, but not excessive, signage.
(b) The following objectives shall guide the Planning and Zoning Committee and Town Council when reviewing such plans:
[1] Whether the size and complexity of the complex or campus warrants the need for extra signage under the provisions of this article.
[2] Whether the placement of signage at or near entrances provides superior visibility in order to assure the safety of the driving public.
[3] Whether the proposed signs are adequate in number to safely direct the public to the use or uses on the site.
[4] Whether the proposed signs have any adverse impact on the visibility of adjacent signs, and are consistent with, or an improvement to, the prevailing type and style of signage in the general area.
[5] Whether the proposed signs will be of a style and color which will complement the architecture of the site and the area in general.
(6) Submission requirements.
(a) No application will be accepted by the Planning and Zoning Committee prior to a preapplication meeting of the applicant and the Code Enforcement Officer.
(b) Sufficient copies of a sign plan and relevant application forms, as determined by the Town Council, must be submitted to the Planning and Zoning Committee. The sign plan shall illustrate:
[1] The physical location of all the existing and or/proposed signs on the subject property.
[2] Their relationship to existing and/or proposed buildings on site.
[3] Color renderings of each proposed sign.
[4] Architectural elevation drawings of the proposed buildings depicting the placement of any wall-mounted signs.
(c) The application fee shall be $1,000 and is due at the time of application. Such fee may be modified from time to time by resolution of the Town Council upon recommendation of the Planning and Zoning Commission.
(d) comprehensive sign plans which are submitted as part of a site plan application shall be reviewed as part of the final site plan and not be assessed the review fee described above, but will require the same level of detail and information.
(7) Amendments to approved comprehensive signage plans.
(a) Any new or revised signs to be placed on a property with an approved comprehensive sign plan need not go back to the Town Council for re-approval if:
[1] The sign area is not increased by more than 5%.
[2] The proposed sign conforms to the overall design concept and colors as approved.
E. Special signage requirements for sales of motor fuels. In addition to all other requirements of this article, the following additional requirements pertain to commercial businesses, such as gas stations and convenience stores, conducting sales of motor fuels:
(1) Canopy signs:
(a) Canopy sign height shall not exceed 30 feet.
(b) Canopy sign copy shall be directed towards a public street.
(c) Canopy sign area shall be limited to not greater than 10% of the area of the canopy face to which the sign is applied.
(2) Exempt signs:
(a) "Price per gallon" signage, as required by the state and federal governments, shall not count towards the overall sign area, unless it exceeds 20 square feet in size.
(b) "Price per gallon" signs not exceeding two square feet, located on the pump itself, are exempt.
§ 275-75. Enforcement; violations and penalties.
A. Violations. Any of the following shall be a violation of this chapter and shall be subject to the following enforcement remedies and penalties and applicable 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 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 chapter, or for which the sign permit has lapsed.
(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 chapter.
(5) Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.
B. Enforcement and remedies. Any violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings in any court of competent jurisdiction. The remedies of the Town shall include the following:
(1) Issuing a stop-work order for any and all work on any signs on the lot in violation.
(2) Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity.
(3) Commence and proceed with criminal and civil proceedings, sanctions and penalties in accordance with this Code.
(4) The Code Enforcement Officer is authorized to remove any signage which violates the provisions of this section, without notice to the owner or owners of the parcel(s) or of the signage, and may subsequently notify the owner(s) to claim the signage. In the event that no person or entity which owns the violating signage claims said signage within 30 days of written notification by the Code Enforcement Officer, the Code Enforcement Officer may dispose of the signage without liability to the Code Enforcement Officer or the Town. The provisions stated hereinabove shall not prevent the Town from commencing an appropriate criminal and/or civil proceeding.
(5) In the case of a sign that poses an immediate danger to the public health or safety, the Town shall take such measures as are available to it under the applicable provisions of this article and building code.
(6) All such remedies provided herein shall be cumulative.
C. Penalties. Fines and penalties for violations of this article shall be as set forth herein or as established by resolution, from time to time, by the Town Council.
Town of Barnstable, MA
Chapter 240 - ZONING
[HISTORY: Adopted by the Town of Barnstable 4-7-1987 STM by Art. 4; readopted 9-27-1990 by Order No. 90-65 (Art. III of Ch. III of the General Ordinances, as updated through 4-10-2003). Amendments noted where applicable.]
ARTICLE VII
Sign Regulations
§ 240-59. Statement of intent.
The provisions of this article establish the comprehensive regulations, conditions and limitations under which signs are permitted in the Town of Barnstable. It is intended that these regulations shall be held to be the minimum regulations necessary for the protection of the visual environment of the Town and the public safety, convenience and welfare and shall be narrowly construed and strictly applied in favor of the public interest to those ends.
§ 240-60. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED SIGN — A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found.
ANIMATED SIGN — Any sign which uses movement or change of lighting to depict action or to create a special effect or scene.
AREA (OF A SIGN) — (See § 240-62 herein).
BANNER — A sign made of fabric or any nonrigid material with no enclosing framework.
BILLBOARD — (See "off-premises sign.")
BUILDING COMMISSIONER — The Building Commissioner of the Town of Barnstable or his designee.
BUILDING SIGN — A sign affixed to and wholly supported by an exterior wall of a building or structure.
BUSINESS AREA SIGNS — An off-premises sign intended to direct the motoring public to specific commercial areas only, and not to include individual businesses.
CANOPY OR ARCADE SIGN — A wall-mounted sign attached to or constructed on the face of a permanent roofed structure covering an area customarily used for pedestrian circulation.
CHANGEABLE-COPY SIGN — A sign that is designed so that characters, letters or illustrations can be changed or rearranged either manually or automatically without altering the face or the service of the sign.
CONSTRUCTION SIGN — A temporary sign identifying an architect, contractor, subcontractor, material supplier or others participating in the construction on the property on which the sign is located.
DIRECT LIGHTING — Illumination by means of an external source.
DIRECTIONAL/INFORMATION SIGN — An on-premises sign identifying a premises or activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises.
DISCONTINUED SIGN — (See "abandoned sign.")
DOUBLE-FACED SIGN — A sign with two faces or panels, neither of which is visible at the same time and are directly back to back as opposed to a V-shaped sign.
ELECTRONIC MESSAGE CENTER — A sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time-and-temperature units.
EXTERNALLY ILLUMINATED SIGN — A sign whose illumination is derived entirely from an external artificial source.
FACADE — The entire building front, including the parapet.
FLASHING SIGN — A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. This does not include changeable-copy signs, animated signs or signs which, through reflection or other means, create an illusion of flashing or intermittent light. (Compare "animated sign.")
FREESTANDING SIGN — A sign supported upon the ground by poles or braces and not attached to any building.
FRONTAGE — The length of the property line of any one premises along a public right-of-way on which it borders.
GOVERNMENT SIGN — Any temporary or permanent sign erected and maintained by the Town, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historic site or public service, property or facility.
HEIGHT (OF A SIGN) — The vertical distance measured from the highest point of the sign to the average ground grade beneath the sign.
IDENTIFICATION SIGN — A sign whose copy is limited to the name and address of the building, institution or person and/or activity or occupation being identified.
ILLEGAL SIGN — A sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
INDIRECT LIGHTING — Illumination by means of a concealed light source, whereby all incandescent or fluorescent devices are shielded from view by opaque or translucent materials, and including reflected lighting.
INTERNALLY ILLUMINATED SIGN — Illumination by means of a light source completely enclosed by the sign panel(s).
INTERMITTENT LIGHTING — (See "flashing sign.")
MAINTENANCE (OF A SIGN) — The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
MENU SIGNS — The menu normally presented at tableside.
MULTIPLE-FACED SIGNS — Signs containing more than two faces or panels.
NONCONFORMING SIGN — Sign which was erected legally, but which does not comply with subsequently enacted regulations.
OFF-PREMISES SIGN — A sign structure advertising an establishment, merchandise, service or entertainment which is not sold, provided, manufactured or furnished at the property on which said sign is located, e.g., "billboards," "outdoor advertising" or "off-site signs."
ON-PREMISES SIGN — A sign which pertains to the use of the premises on which it is located and maintained.
PAINTED WALL SIGN — A sign which is applied with paint or similar substance on the face of a wall; such sign shall be considered a wall sign for calculation purposes.
PORTABLE SIGN — Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
PRIVATE WAY — For the purposes of this Article VII, a private way shall be considered a public way. (See "public way.")
PROJECTING SIGN — A sign other than a flat wall sign which is attached to and projects from a building wall or other structure not specifically designed to support the sign and is not parallel to the structure to which it is attached.
PUBLIC SERVICE INFORMATION SIGN — Any sign intended exclusively to promote items of general interest to the community, such as time, temperature, date, atmospheric conditions, news or travel control.
PUBLIC WAY — Any roadway over which everyone has rights to pass, including Town ways and private ways.
REAL ESTATE SIGN — A temporary sign advertising real estate upon which the sign is located as being for rent, lease or sale.
ROOF SIGN — Any sign erected upon a roof and wholly or partially supported by the sign structure placed upon the roof.
ROTATING SIGN — Any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement but not including methods of changing copy.
SIGN — Any permanent or temporary structure, light, letter, word, model, banner, pennant, insignia, trade flag, representation or any other device which is used to advertise, inform or attract the attention of the public and which is designed to be seen from outside a building, including all signs in windows or doors but not including window displays of merchandise.
SPECIAL EVENT SIGN — A temporary sign advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the Town.
STREET BANNER SIGN — Any banner which is stretched across and hung over a public right-of-way.
SUBDIVISION IDENTIFICATION SIGN — A freestanding or wall sign identifying a recognized subdivision, condominium complex or residential development.
TEMPORARY SIGN — A sign not constructed or intended for long-term use.
UNDER-CANOPY SIGN — A directional sign suspended beneath a canopy, ceiling, roof or marquee.
V-SHAPED SIGN — A sign with two faces or panels not supported by one common structural member and which faces are not back-to-back.
WALL SIGN — A sign attached parallel to and extending not more than 18 inches from the wall of a building, including painted signs, individual lettered signs, cabinet signs and signs on a mansard.
WINDOW SIGN — A sign installed inside a window and intended to be viewed from the outside.
§ 240-61. Prohibited signs.
The following signs shall be expressly prohibited in all zoning districts, contrary provisions of this chapter notwithstanding:
A. Any sign, all or any portion of which is set in motion by movement, including pennants, banners or flags, except official flags of nations or administrative or political subdivisions thereof.
B. Any sign which incorporates any flashing, moving or intermittent lighting.
C. Any display lighting by strings or tubes of lights, including lights which outline any part of a building or which are affixed to any ornamental portion thereof, except that temporary traditional holiday decorations of strings of small lights shall be permitted between November 15 and January 15 of the following year. Such temporary holiday lighting shall be removed by January 15.
D. Any sign which contains the words "Danger" or "Stop" or otherwise presents or implies the need or requirement of stopping or caution, or which is an imitation of, or is likely to be confused with any sign customarily displayed by a public authority.
E. Any sign which infringes upon the area necessary for visibility on corner lots.
F. Any sign which obstructs any window, door, fire escape, stairway, ladder or other opening intended to provide light, air or egress from any building.
G. Any sign or lighting which casts direct light or glare upon any property in a residential or professional residential district.
H. Any portable sign, including any sign displayed on a stored vehicle, except for temporary political signs.
I. Any sign which obstructs the reasonable visibility of or otherwise distracts attention from a sign maintained by a public authority.
J. Any sign or sign structure involving the use of motion pictures or projected photographic scenes or images.
K. Any sign attached to public or private utility poles, trees, signs or other appurtenances located within the right-of-way of a public way.
L. A sign painted upon or otherwise applied directly to the surface of a roof.
M. Signs advertising products, sales, events or activities which are tacked, painted or otherwise attached to poles, benches, barrels, buildings, traffic signal boxes, posts, trees, sidewalks, curbs, rocks and windows regardless of construction or application, except as otherwise specifically provided for herein.
N. Signs on or over Town property, except as authorized by the Building Commissioner for temporary signs for nonprofit, civic, educational, charitable and municipal agencies.
O. Signs that will obstruct the visibility of another sign which has the required permits and is otherwise in compliance with this chapter.
P. Off-premises signs except for business area signs as otherwise provided for herein.
Q. Any sign, picture, publication, display of explicit graphics or language or other advertising which is distinguished or characterized by emphasis depicting or describing sexual conduct or sexual activity as defined in MGL Ch. 272, § 31, displayed in windows, or upon any building, or visible from sidewalks, walkways, the air, roads, highways, or a public area.
§ 240-62. Determination of area of a sign.
A. The area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed.
B. The area of signs painted upon or applied to a building shall include all lettering, wording and accompanying designs or symbols together with any background of a different color than the finish material or the building face.
C. When a sign consists of individual letters or symbols attached to or painted on a surface, wall or window, the area shall be that of the smallest rectangle which encompasses all of the letters and symbols.
D. Only one side of a double-faced sign shall be counted in computing the area of that sign.
E. For the purposes of these regulations, the area of a building face or wall shall be calculated by using a height of no more than 10 feet from the ground multiplied by the width of the building front.
§ 240-63. Signs in residential districts. [Amended 2-20-1997]
In residential districts, only the following signs are permitted:
A. One sign displaying the street number and identifying the premises not to exceed two square feet in area. The street number must be approved by the Engineering Department in conformance with the Town's regulations governing numbering of buildings.
B. One sign no larger than four square feet in area shall be allowed which displays the name of the house or the name of the family residing therein.
C. One sign not to exceed two square feet in area shall be permitted for a professional office or home occupation for which a special permit or variance has been granted by the Board of Appeals.
D. One temporary sign not to exceed four square feet in area advertising property for sale, lease or rent. Such signs must be removed within 10 days of transfer of title or signing of lease or rental agreement.
E. Where a legal nonconforming business exists within a residential district, one sign may be permitted by the Building Commissioner if it is determined that the appearance, placement, size and lighting of the proposed sign will not be detrimental to the residential character or visual quality of the area. In no instance shall such signs exceed eight feet in height or eight square feet in area.
F. Permits may be posted at construction sites as required by state or Town regulations, except that in no instance shall they be attached to trees or utility poles.
G. One identification sign not to exceed 12 square feet in area may be permitted at any public entrance to a subdivision or multifamily development.
H. Illuminated signs within residential zones require the approval of the Building Commissioner, and may be permitted if the applicant can demonstrate that the proposed illumination will not intrude upon adjacent residential areas, will not be illuminated except during actual hours of business, and will not cause traffic hazards.
I. One identifying sign for lodging houses, bed-and-breakfast or similar identification not to exceed four square feet in area.
§ 240-64. Signs in Medical Services District. [Amended 7-14-2005 by Order No. 2005-100]
A. One sign giving the name of the occupant or other identification of a permitted use in a professional residential zone may be permitted. Such signs shall be no more than 12 square feet in area and shall not extend more than eight feet above the ground.
B. Any illuminated sign must comply with the provisions of § 240-63 herein.
§ 240-65. Signs in B, BA, UB, HB, HO, S&D and SD-1 Districts. [Amended 8-15-1991; 7-15-1999]
A. Each business may be allowed a total of two signs.
B. The maximum height of any freestanding sign will be 10 feet, except that a height of up to 12 feet may be allowed by the Building Commissioner if it is determined that the additional height will be in keeping with the scale of the building and will not detract from the appearance or safety of the area and will not obscure existing signs that conform to these regulations and have a Town permit.
C. The total square footage for all signs of each business shall not exceed 10% of the area of the building wall facing a public way or 100 square feet, whichever is the lesser amount.
D. Only one freestanding sign is allowed per business, which may not exceed half the allowable size as permitted in this section.
E. One projecting overhanging sign may be permitted per business in lieu of either a freestanding or wall sign, provided that the sign does not exceed six square feet in area, is no higher than 10 feet from the ground at its highest point and is secured and located so as to preclude its becoming a hazard to the public. Any sign projecting onto Town property must have adequate public liability insurance coverage, and proof of such insurance must be provided to the Building Commissioner prior to the granting of a permit for such sign.
F. Incidental business signs indicating the business, hours of operation, credit cards accepted, business affiliations, "sale" signs and other temporary signs shall be permitted so long as the total area of all such signs does not exceed four square feet and is within the allowable maximum square footage permitted for each business.
G. When a business property is located on two or more public ways, the Building Commissioner may allow a second freestanding sign, so long as the total square footage of all signs for a single business does not exceed the provisions of this section.
H. When two or more businesses are located on a single lot, only one freestanding sign shall be allowed for that lot, except as provided in this section, in addition to one wall or awning sign for each business. If approved by the Building Commissioner, the one freestanding sign can include the names of all businesses on the lot.
I. One awning or canopy sign may be permitted per business in lieu of the allowable wall or freestanding sign, subject to approval by the Building Commissioner.
J. In addition to the allowable signs as specified in this section each restaurant may have a menu sign or board not to exceed three square feet.
K. In lieu of a wall sign, one roof sign shall be permitted per business, subject to the following requirements:
(1) The roof sign shall be located above the eave, and shall not project below the eave, or above a point located 2/3 of the distance from the eave to the ridge.
(2) The roof sign shall be no higher than 1/5 of its length.
§ 240-66. Signs in industrial districts.
The provisions of § 240-65 herein shall apply, except that the total square footage of all signs, while normally not to exceed 100 square feet, may be allowed up to 200 square feet if the Building Commissioner finds that larger signs are necessary for the site and are within the scale of the building and are otherwise compatible with the area and in compliance with the provisions and intent of these regulations.
§ 240-67. Signs in OM, HG, TD, VB-A, and VB-B Districts. [Amended 6-1-2006 by Order No. 2006-136]
The provisions of § 240-65 herein shall apply except that:
A. The maximum allowable height of all signs is eight feet, except that the Building Commissioner may allow up to 12 feet if he finds that such height is necessary for the site and is compatible with the appearance, scale and character of the area.
B. The maximum square footage of all signs shall be 50 square feet or 10% of the building face, whichever is less.
C. The maximum size of any freestanding sign shall be 10 square feet, except that the Building Commissioner may grant up to 24 square feet if he finds that the size is necessary for the site and that the larger size is in scale with the building and does not detract from the visual quality or character of the area.
§ 240-68. Signs in MB-A1, MB-A2, MB-B and HD Districts. [Amended 7-14-2005 by Order No. 2005-100]
The provisions of § 240-65 herein shall apply except that:
A. The maximum allowable height of signs shall not exceed eight feet.
B. Freestanding signs shall not exceed 24 square feet in area.
C. The total square footage of all signs shall not exceed 50 square feet.
§ 240-69. Gasoline station signs.
A. In addition to the two allowable signs as specified in § 240-65 herein each gas pump may have signage not to exceed 12 inches by eight inches indicating the name or type of gasoline and its price and other information as may be required by federal, state or Town regulation.
B. Each gas station or garage may divide the one allowable attached wall sign into no more than four separate signs affixed to and parallel to the wall indicating the separate operations or departments of the business, provided that the total area of the separate signs shall not exceed maximum permitted areas specified in § 240-65 herein.
C. If the business is an approved inspection station, it may additionally have a sign indicating that fact as part of its permitted building or freestanding sign, except that the total square footage of all signs must not exceed the maximum permitted in § 240-65 herein.
D. Temporary or portable signs of any and every type are specifically prohibited.
§ 240-70. Shopping center signs.
Each business in a shopping center is allowed one attached building sign and one portion of a common freestanding sign. If the shopping center has two or more public entrances which are at least 500 feet apart, a second freestanding sign may be permitted if the Building Commissioner finds that an additional sign is necessary, will not represent a visual hazard, and will not detract from the visual quality or character of the area.
§ 240-71. Signs HVB District. [Amended 11-15-2001 by Order No. 2002-029; 7-14-2005 by Order No. 2005-100]
The provisions of § 240-65 herein shall apply except that:
A. The maximum allowable height of all signs on buildings shall be 12 feet, and the maximum height of a freestanding sign shall be eight feet.
B. The maximum square footage of all signs shall be 50 square feet or 10% of the building face, whichever is less.
C. The maximum size of any freestanding sign shall be 12 square feet.
D. Temporary street banners may be permitted in the HVB Business District only, for the purpose of informing the general public of community events and activities, with approval of the Town Manager. Street banners shall be hung in prescribed locations, securely fastened to buildings, maintain a minimum height of 16 feet above the street, be constructed of durable materials, used solely for community events in the district, and remain in place for no more than three weeks prior to the event and be removed within one week after the event.
§ 240-72. (Reserved)
§ 240-73. Construction signs.
A. When a building permit has been issued for the construction, alteration or repair of a structure, and all other required permits have been obtained, contractors or architects shall display a sign on the site while approved work is going on.
B. No contractor or architect shall display more than one sign on any building at any given time.
C. No sign shall be larger than 24 square feet in area, nor more than five feet tall.
D. The total area of all construction signs displayed at a site at any given time shall not exceed 24 square feet.
§ 240-74. Temporary signs.
Temporary signs and special sale signs may be permitted in all districts subject to the following requirements:
A. The total area of all temporary signs allowed in this section shall not exceed 20% of the glass area of the window in which the sign is placed.
§ 240-75. Directional or safety signs.
In addition to other allowable signs, directional, warning or traffic signs necessary for the safety and direction of residents, employees, customers and visitors may be allowed as follows:
A. Such signs shall not exceed one square foot in area, nor be more than three feet high.
B. No more than four such signs will be allowed per site.
C. The Building Commissioner may grant exceptions from the provisions of this subsection on a case-by-case basis if he finds that the site requires more or larger or higher directional or safety signs, and that such signs will not conflict with the visual quality and character of the area nor lead to clutter or confusion.
§ 240-76. Business area signs.
Business area signs may, at the discretion of the Building Commissioner, be permitted off-premises in remote areas, provided that the owner of record of the land on which the sign is placed has given written permission and that such signs shall be no more than eight square feet in area and shall identify the business area only, and not individual businesses.
§ 240-77. Movie houses and places of entertainment.
A. Movie houses and places of entertainment may use one of their signs as a display sign indicating movie titles, their ratings, the time(s) of showing, or in the case of places of entertainment, the names of current and/or next-appearing performers so long as they meet all dimensional requirements.
B. When a movie house or place of entertainment is one of two or more businesses on a single lot, the Building Commissioner may allow two freestanding signs, one of which may be a display sign, so long as the total area of both signs combined does not exceed the maximum square footage allowed in § 240-65 herein.
§ 240-78. Illumination. [Amended 11-15-2001 by Order No. 2002-029]
A. Illuminated signs will normally not exceed fifty-foot lamberts (or equivalent measurement) of intensity. Additional intensity may be permitted by the Building Commissioner if it is determined that additional intensity is necessary and that it will not detract from the visual quality or character of the area. [Amended 7-14-2005 by Order No. 2005-100]
(1) Internally illuminated signs shall not be permitted in the Hyannis Village Zoning Districts.
B. The light from any sign shall be so shaded, shielded or directed or shall be maintained at a sufficiently low level of intensity and brightness so that it shall not adversely affect neighboring premises or the safe vision of operators of vehicles moving on public roads and highways.
C. All illuminated signs shall be so shaded, shielded or directed that they will not reflect or shine on or into residential structures to an extent that would constitute a nuisance or a disruption of the residential character of the area.
§ 240-79. Signs in Old King's Highway Historic District.
A. The dimensional requirements of these regulations shall apply to all portions of the Town.
B. Within the boundaries of the Old King's Highway Historic District, the Historic District's Regional Committee shall exercise the duties of the Building Commissioner for the purposes of these regulations, except that the Building Commissioner shall be informed of all actions taken by the Regional Committee.
C. The Building Commissioner and the Chairman of Regional Committee shall consult with each other frequently regarding the administration of these regulations, and shall work together to establish common sign and architectural standards whenever possible.
§ 240-80. Relocating or changing signs.
A. Any sign that is moved to another location, either on the same or other premises shall require a permit.
B. Any change in the width, length, height, color, wording, materials, illumination or clearance between the bottom of the sign and the ground, other than authorized in the permit, will require a new permit prior to making any such changes.
§ 240-81. Transfer of permits prohibited.
Permits cannot be transferred, and the new owner of a business for which there are permitted signs must request a permit for those signs, which shall be granted if all signs are found to be in compliance with these regulations.
§ 240-82. Protection of subsequent purchasers.
Any vendor or lessor who sells or leases any real property which includes a nonconforming sign or signs has a duty to disclose to his vendee or lessee the time remaining in the amortization or transition period applicable to the sign or signs in question.
§ 240-83. Illegal signs.
A. Order to remove. Following the procedures described in these regulations for abandoned signs, the Building Commissioner can establish an order of removal for illegal signs which may then be removed by the Building Commissioner following due procedures of law, with costs assessed to the permit holder or property owner.
B. New signs at sites of illegal signs. No sign permit shall be granted for a new sign to be located on a building or on a lot where one or more illegal signs exist.
§ 240-84. Abandoned signs.
A. Signs which have been abandoned due to a closing of a business, a change in business name or for any other reason which renders the sign not applicable to the property involved shall be removed by the permit holder or the owner of the building or premises within 14 days from the date of the action that caused the sign to be considered abandoned.
B. A condition of approval for all sign permits shall be that permit holders or owners of the building or premises shall, at his or her own expense, remove all abandoned signs.
C. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed.
D. The Building Commissioner shall determine when a sign is abandoned. Notice shall be sent to the permit holder and to the property owner prior to administrative action.
§ 240-85. Permit required; identification stickers.
A. All signs regulated by this chapter require a permit from the Building Commissioner, with the exception of residential signs described in § 240-63A and B herein, so long as the house number has been approved by the Engineering Department.
B. Failure to obtain a permit shall make the sign illegal and subject to the penalty provisions of § 240-86 herein.
C. All signs regulated by this chapter shall be marked with an identification sticker supplied by the Building Commissioner. Failure to display this sticker as issued by the Town shall constitute a violation of these regulations and be subject to the provisions of § 240-86 herein.
§ 240-86. Violations and penalties.
A. The Building Commissioner may issue citations for violations of these regulations.
B. A failure to respond to properly issued citations or the issuance of three or more citations for a sign shall be construed as a major violation subject to a fine of not more than $100. Each day that such violation continues shall constitute a separate offense.
C. Continued violation, even with payment of penalties, for a period of 60 days, shall be grounds for removal of the sign(s) in question, following the procedures for illegal signs.
D. Applicants for signs who have previously had penalties for illegal signs may be required to post a deposit of not more than $500 per sign for new permits. The Building Commissioner shall review the sign one year from the issuance of a permit and either issue a certificate of compliance, release the deposit, or order necessary corrective action utilizing the deposited funds, with any remaining funds and a full accounting of monies spent returned to the applicant.
§ 240-87. Safety and maintenance.
A. All signs, together with their supporting structures, must be kept properly maintained, repaired, and in proper condition. All signs and the grounds about them shall be kept free from all rubbish and other objectionable material.
B. Failure to comply with these provisions shall be grounds for a citation.
C. If the Building Commissioner finds that a sign is unsafe or otherwise improperly maintained, he shall issue a written notice to that effect to the permit holder and the property owner. If the specified conditions are not corrected, the Building Commissioner is authorized to remove or repair the sign, all costs of which shall be assessed to the permit holder or property owner, including an administrative fee of $50. If public safety is involved, the Building Commissioner may take immediate action.
§ 240-88. Appeals.
Any individual aggrieved by a decision of the Building Commissioner may appeal to the Barnstable Board of Appeals, as provided under Chapter 40A of the General Laws.
§ 240-89. Enforcement. [Amended 10-17-2002]
A. The provisions of these regulations shall be enforced by the Building Commissioner.
B. Citations, as specified in § 240-85 may be issued by the Building Commissioner.
