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Zone lot means a parcel of land that is of sufficient size to meet minimum
zoning requirements for area, coverage, and use, and that can provide
such setbacks and other open spaces as are required by the applicable
local government zoning regulations. For the purpose of this definition,
a shopping center, mall, or other lot or parcel of land which contains
a single unit or an integrated group of commercial establishments and
is developed, operated, managed and/or owned as a unit shall be considered
as a zone lot.
(b) General sign requirements.
(1) Permitting process.
a. All signs except those specifically exempted under this section
shall require a zoning clearance and permit prior to erection.
b. Applicants for sign permits shall provide the following information:
1. Detailed scale drawing of the sign showing all dimensions.
2. Accurate plot plan drawn to scale showing location of the sign
on the site. Such plan shall show location of all uses on the site,
including but not limited to structures, parking areas, driveways, green
areas, walkways, and roadways.
3. Survey of the parcel on which the sign is to be placed (this may
be waived for attached signs).
4. Statement signed by the permit applicant as to the number and size
of existing on-site signs.
5. Application for attached signs shall include a floor plan showing
dimensions and layout of the building.
6. Information as may be required by the county building department.
7. Other appropriate information relative to the sign and its location.
8. Signs of a height greater than six feet and within ten feet of
current or proposed right-of-way lines shall require a letter of no
objection from the local electric power company to ensure current and
future compliance to applicable codes and to protect the safety of the
public.
(2) Relationship to other codes.
a. All signs shall comply with applicable building, electrical, and
maintenance codes.
b. The maintenance of signs shall be in keeping with the intent of
section 22-231(b)(2) to ensure the public health, safety and welfare
is maintained. The owner and/or leaseholder shall be responsible for
keeping the area immediately surrounding the sign free from trash and
debris as per chapter 58, articles IX and X, and shall be responsible
for maintaining the signs concerned in good operating conditions and
appearance. Failure to comply with chapter 22, article V shall constitute
cause for revocation of the sign permit and removal of the sign, if
the owner and/or leaseholder fails to correct same within ten days after
written notice of violation.
(3) Nonconforming signs.
a. Except as provided in this section, no nonconforming sign shall
be moved, reconstructed, extended, enlarged, or altered, unless changed
to conform with this section.
b. Nonconforming signs may be maintained, repaired, or the message
of the sign may be changed. If, however, the nonconforming sign is relocated,
replaced, or structurally altered at a cost of more than 25 percent
of the replacement cost of the sign, the sign must be made to conform
to this section.
c. A building or site which is improved or redeveloped at a cost in
excess of 50 percent of the assessed value of the existing building
or site shall require any nonconforming sign which is located on or
is a part of such building or site to conform to this section.
d. Signs that exist on the effective date of this section that were
not in conformance with previous regulations are illegal signs and shall
conform with this section or be removed within 90 calendar days of the
effective date of this section.
e. Notwithstanding any contrary provisions in this section, no nonconforming
sign is required to be removed solely by the passage of time if to so
require, without compensation, is otherwise prohibited by state and
federal laws.
(4) Removal of nonconforming signs.
a. All legally erected nonconforming signs must be made to conform
to the applicable provisions of this section within seven years of the
effective date of this section. All such signs shall be made to comply
by March 15, 1999.
b. In the event that a court of competent jurisdiction determines
that, as applied to a particular nonconforming sign, the seven-year
period for attaining conforming status is not enforceable, then a ten-year
period shall apply.
c. In the event that a court of competent jurisdiction determines
that, as applied to a particular nonconforming sign, the period for
attaining conforming status provided for in subsections (b)(4)a or b,
above, is unenforceable, then the court shall determine what additional
period of time shall be required and, consistent with subsection (b)(4)d,
that period shall tack on to the otherwise applicable time period.
d. The intent of subsections (b)(4)b and c, above, is to prevent a
successful legal challenge to the application of these removal provisions
from requiring the amortization period to begin anew. Therefore, any
additional period of time either required by the preceding three-year
extension provision of subsection (b)(4)b, above, or any court decision
that extends the time beyond the ten-year period provided for under
subsection (b)(4)c, shall tack on to the period of time that has passed
since the effective date of this section for purpose of calculating
the eventual removal date.
(5) Variances.
a. Requests for variances from any provisions of this section shall
be processed and authorized pursuant to article II, division 3 of this
chapter.
b. Variances from the terms of this section may not be contrary to
the public interest; but variances may be granted where, owing to special
conditions, the literal enforcement of the provisions of this section
would result in unnecessary hardship, not to include economic hardship.
However, no variance shall be granted unless the criteria of section
138-113 is met. In addition to these usual criteria for variances to
the provisions of this section, any additional signage allowed pursuant
to a variance shall be conditioned in such a way that, taking into consideration
existing allowable signage in the area, the additional signage does
not exacerbate visual clutter, driver distraction, or traffic safety
in the area.
c. Variances to the time limit for removal of nonconforming signs.
1. Requests for variances of up to three additional years beyond the
seven-year period that would otherwise be allowed under subsection (b)(4)a,
above, may be granted where, owing to the peculiar facts of the structure
involved, and based on no single one of the criteria listed below, but
rather when, on balance, the private loss suffered by owners of the
particular structure is substantial when compared to the public benefit
achieved by the consistent application of the amortization period. The
specific criteria for determination of a variance to the seven-year
removal period shall include the following considerations:
i. Length of the amortization period in relation to the investment;
ii. A sign owner does not have to be given a period of time necessary
to permit him to recoup his investment entirely, but an amortization
period should not be so short as to result in a substantial loss of
the sign owner's investment;
iii. Initial capital investment;
iv. Investment realization to date;
v. Life expectancy of investment; depreciation schedules;
vi. Existence or nonexistence of a lease obligation, as well as a
contingency clause permitting termination of the lease;
vii. Removal costs directly attributable to the regulatory effects
of this section;
viii. The depreciation period of the sign structure;
ix. Location of the sign structure;
x. What part of the owner's total business is concerned;
xi. Monopoly or advantage, if any, resulting from the fact that similar
new structures are prohibited in the same area; and
xii. The fact that the use is also on public streets since the messages
are directed to the passerby.
2. No variance under this subsection shall be granted unless the conditions
listed under article II, division 3 of this chapter are also satisfied.
(6) Signs on public lands.
Signs shall not be located on publicly owned land or easements or inside
street rights-of-way except signs required or erected by permission
of the authorized governmental agency. Such prohibited signs shall include,
but not be limited to, handbills, posters, advertisements, or notices
that are attached in any way upon lampposts, telephone poles, utility
poles, bridges and sidewalks. All signs shall be moved by the owner
of the sign at no expense to the applicable governmental jurisdiction
when the signs are within any public property including existing rights-of-way.
Nothing shall prohibit a duly authorized public official from removing
a sign from public property.
(7) Official signs and notices.
Nothing in this section shall be construed to prevent or limit the
display of legal notices, warnings, informational, directional, traffic
or other such signs which are legally required or necessary for the
essential functions of governmental agencies.
(8) Illumination.
a. The light from any illuminated sign shall be shaded, shielded,
or directed from adjoining residential and nonresidential parcels.
b. No sign shall have blinking, flashing, or fluttering lights or
other illumination devices which have a changing light intensity, brightness,
color, or direction.
c. No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
d. Neither the direct nor the reflected light from primary light sources
shall create a traffic hazard to operators of motor vehicles on public
thoroughfares.
(9) Intent.
It is the intent of the board of county commissioners that protection
of First Amendment rights shall be afforded such that any sign, display,
or device allowed under this section may contain, in lieu of any other
copy, any otherwise lawful noncommercial message that complies with size,
lighting and spacing requirements of this section.
(c) Exempt signs.
The following types of signs are exempt from the permitting process
and other provisions in this section, except those relating to construction,
illumination, safety, nonconformity, and any other noted requirement
(these signs shall not be located within ten feet of a public right-of-way
or within 15 feet of the intersection of any road rights-of-way):
(1) Address number.
The address numbers shall be at least three inches in height, in Arabic
numerals, and of contrasting color to background and displayed on the
front of the establishment. (See section 170-4.)
(2) Artwork.
(3) Changeable message on permitted signs.
(4) Commemorative and historic signs.
(5) Construction signs.
Such signs shall not exceed 32 square feet in area per sign face. The
sign may be displayed only during the time a valid building permit is
in force and shall be removed within one week after the certificate
of occupancy is granted.
(6) Government and public signs, including, but not limited to, community
identity and entrance signs, signs for special community events, and coordinated
countywide trail-blazing signs that provide direction to places of interest.
(7) There shall be a maximum of three noncommercial flags permitted
on each zone lot.
Flags containing a corporate name or logo or directing attention to
a business operated for profit, or to a commodity or service for sale,
shall be part of the computation of the allowable area for freestanding
signs. Three additional noncommercial flags may be allowed for each
additional street frontage and lots or parcels with over 500 feet of
street frontage may be permitted three additional flags for each 500
feet of additional frontage.
(8) Machinery signs.
Examples of machinery signs are signs on newspaper machines, vending
machines, gasoline pumps and public telephone booths.
(9) Menu signs for drive-through establishments.
There shall be a maximum of two such signs per zone lot or business;
no more than one sign per drive-through lane. Sign area may not exceed
40 square feet per sign face.
(10) On-site directional signs. No individual sign shall exceed four
square feet in area per sign face.
(11) Political signs.
Signs in residential districts shall not exceed six square feet in
area per sign face; signs in nonresidential districts shall not exceed
32 square feet in area per sign face. Such signs shall be removed within
one week after the election.
(12) Real estate signs.
Signs in residential districts shall not exceed six square feet in
area per sign face; signs in nonresidential districts shall not exceed
32 square feet in area per sign face. One such sign per saleable or
leasable unit is permitted. Directional off-site real estate signs are
permitted for a particular property only on those days when there is
an open house. Waterfront parcels are permitted one real estate sign
oriented toward the water in addition to the real estate sign permitted
for nonwaterfront property. Saleable or leasable units fronting on two
or more streets are allowed the permitted real estate signs for each
frontage, but these signs cannot be accumulated and used on one street
in excess of that allowed for the saleable or leasable units based on
that one street frontage. For parcels with over 500 feet of street frontage
on one right-of-way, one additional real estate sign may be permitted.
(13) Small off-premises signs that are for public/semipublic purposes
and are directional only, provided, that the maximum area of these signs
shall be four square feet per sign face. No more than two such signs per
zone lot shall be permitted. Such signs shall be located within a 2,500-foot
radius of the public/semipublic property which the sign serves.
(14) Temporary window signs.
Such signs shall be allowed in areas classified as multifamily residential,
office, commercial, industrial and public/semipublic. The maximum area
of such signs in areas classified as office, commercial, industrial,
and public/semipublic shall be 25 percent of windowpane area or 100
square feet, whichever is less. In multifamily residential areas, the
area of temporary window signs shall not exceed 25 square feet.
(15) Warning signs. Such signs shall not exceed six square feet in area
per sign face.
(16) Temporary signs, when in conjunction with a temporary use permitted
by section 138-1338 of this chapter.
These signs shall not exceed 32 square feet in area and only one such
sign shall be used in conjunction with and during the time period allowed
for the temporary use (see section 138-1338).
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