§ 134-311. Definitions.  


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  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Animated illumination or effects means illumination or effects with action, motion, moving characters or flashing lights. This may require electrical energy, but shall also include wind actuated devices. Specifically included is any motion picture or video mechanism used in conjunction with any structure in such a manner as to permit or allow the images to be visible from any public right-of-way. This definition also does not include electronic message signs as permitted within this article.

    Animated signs means a sign which contains the appearance of movement to depict action or to create a special effect or scene, including any electronic sign which contains anything other than static messages or changes its message more often than permitted by this ordinance.

    Awning sign means a sign, symbol, trademark or other message written on an awning attached to a wall. Awning signs are included in the definition of wall signs.

    Banner means a sign made of a pliable material.

    Blade sign means a sign that projects from a wall or surface that normally runs perpendicular to the wall or surface that it is attached.

    Block out zone means an area that is measured from the intersecting points of a public right-of-way, street, road, highway, railroad, at any entrance onto or exit from any public road or other location and extending 20 feet along the right-of-way in each direction and closed so as to form a triangle in the corner created by the intersection.

    Buildable area of lot means that area of a lot within the building setback lines as set by this chapter within which a principal building or structure may be erected.

    Building setback line means the minimum yard requirement adjacent to any public street or property line set by this chapter beyond which no part of a principal building or structure may be erected.

    Bunting means a long colored strip of cloth or other pliable material used for festive decorations that must be attached to the structure.

    Canopy sign means a sign affixed to, imposed upon or painted on any permanent rooflike structure extending over a driveway or vehicle access area. Such signs may be mounted flush or suspended. A flush canopy sign is one that is mounted in such a manner that a continuous face with the canopy is formed. A hanging canopy sign is one suspended from or beneath the canopy.

    Copy means the wording and designs on the surface of a sign.

    Directional means providing instructions for travel to or indicating the location of a place or event, whether by words, arrows or other symbols.

    Distance means the measurement in lineal feet from the closest point of the sign to the nearest property line or to the closest point of another sign, as the case may be.

    Electronic sign means a sign whose message may be changed at intervals by computer controller, microprocessor controller or by remote control, and whose message is displayed through the use of LED, LCD, plasma or other similar type panels or screens, including devices known as commercial electronic message signs and similar devices.

    Face means the surface of the sign that displays the message.

    Flag means a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words or emblems used as the symbol of an organization or entity.

    Flashing means a pattern of changing light illumination where the light intensity alternates suddenly during display of a message for the purpose of drawing attention to the sign. The term "flashing" excludes Electronic Signs which are operated in conformity with this ordinance.

    Frame effect means a visual effect on an Electronic Sign which depicts movement, fading, mosaic flips, wipes, or other changing effects associated with the transition from one static message to another.

    Freestanding sign means a self-contained sign which is physically independent of any building or other structure, including a portable display sign; but not including any off-premises sign, any canopy sign, any residential subdivision/development sign, any sign for a nonresidential use in a residential zone, any sign designated under section 134-372 or temporary signs.

    Ground based monument sign means a self-contained sign permanently attached to the ground which is wholly independent of any building or other structure. The sign must be a solid structure. No open spaces which allow a direct line of sight from one side of the sign to the other are permissible in the area located beneath the widest part of the sign face where the message is located in a direct vertical plane to the ground. By way of example and without limitation the sign cannot be attached to, resting upon, or supported by any pillars, columns, pylons which allow for open spaces or direct line of sight from one side of the sign to the other beneath the widest area of the sign face in a direct vertical plane to the ground. Ground based monument signs do not include any off-premises sign, any canopy sign, any wall sign, any sign designated under section 134-372 or temporary signs.

    Height means the measure in linear feet from the highest point on the sign to the unaltered elevation of the ground at the base of the sign or directly beneath the sign. At the election of the permit holder, the height of a sign may be measured from the highest point on the sign to the level of the nearest road from which the sign is intended to be viewed.

    Includes denotes a partial definition.

    Inflatable devices includes air- or gas-filled signs and figures. The term "inflatable devices" excludes latex and similar balloons of less than two feet in diameter.

    Interactive sign means a sign where the message displayed is changed or modified as a result of the exchange of information or instructions between the sign and a person viewing the sign, or is otherwise designed to modify the message displayed based upon the identity of a specific individual viewing the sign.

    Interior sign means signs intended to be viewed from the interior of a building.

    Interstate highway includes I-20, I-75, I-285 and I-575, and any road of the state highway system which is a portion of the national system of interstate and defense highways, as officially designated or as may hereafter be so designated by the state department of transportation and approved by the United States Secretary of Transportation pursuant to 23 USC 103, or any limited access highway as officially designated or as may hereafter be so designated by the state department of transportation and approved by the United States Secretary of Transportation pursuant to the provisions of 23 USC 103.

    Legal lot of record means a lot which meets the legal requirements set forth for the applicable zoning district.

    Lot means contiguous parcels of land, legally platted as one lot, recorded as a legal lot of record in single or common ownership, not divided by a public street. Lot also shall mean property listed and permitted as one overall development at the time of zoning or issuance of land disturbance permit.

    Measurement condition means establishing a brightness level for electronic signs by recording an ambient light reading for the sign at the designated measurement distance, using a foot candle meter while the electronic sign is off or displaying all black. The foot candle meter should be aimed directly at the electronic sign at the appropriate pre-set distance (as established in this ordinance). A follow up recording should then be performed while all lights are illuminated white.

    Nonconforming sign means any lawfully erected sign which, on the effective date of the ordinance from which this article is derived, fails to comply with the requirements of this article.

    Normal maintenance and repair. Normal maintenance and repair includes painting and cleaning. However, normal maintenance or repair conclusively does not include any structural alteration, any modification that requires a building permit or any alteration that costs in excess of 50 percent of the value of the sign prior to such maintenance and repair. For purposes of this definition, the value of the sign shall be the replacement cost of the sign structure. The valuation of the sign as shown on the records of the county tax assessor shall be presumed to be the replacement cost. If no amount appears in the records of the county tax assessor for the individual sign, then the amount stated as the value of the sign on the original sign permit application shall be presumed to be the replacement cost. These presumptions of replacement costs may be rebutted by an appraisal.

    Off-premises sign means a sign containing a message for a business which is located on a lot that does not contain or otherwise conduct the business for which is advertised. This shall include, but not be limited to, those signs commonly referred to as billboards. For purposes of this article, "off-premises sign" shall not include any sign that is allowed under this article and not requiring a permit or any sign requiring a temporary permit under this article. Changing the sign face on an off-premises sign will not change the grandfathered or nonconforming status of the sign under this article.

    On-premises sign means a sign containing a message for a business which is located on a lot that does contain or otherwise conduct the business for which is advertised. "On-premises sign" shall be classified for the purposes of this article as canopy, freestanding, wall, residential subdivision/development signs and signs for nonresidential uses in residential zones. For purposes of this article, "on-premises sign" shall not include any sign not requiring a permit or any sign requiring a temporary permit under this article.

    Owner includes any person having possession of or control of a sign or owner of record of real property.

    Portable display sign means any sign not permanently affixed to the ground, including signs mounted or designed to be mounted on a trailer-type frame or portable wood or metal frame. Portable display signs are included in the definition of freestanding signs.

    Primary highway means any road of the state highway system which is a portion of connected main highways, as officially designated or as may hereafter be so designated by the state department of transportation and approved by the United States Secretary of Transportation pursuant to 23 USC 103.

    Prohibited sign means any sign, other than a nonconforming sign, not conforming to this article.

    Public service information means time, temperature, notice of public meetings, special events, road/traffic directional signs, etc.

    Right-of-way means the real property owned and controlled by a governmental agency for maintaining public infrastructure, including streets, sidewalks, pathways, mass transit rail lines, freight and passenger railroad lines, drainage ditches and structures, shoulders, traffic control devices, and vegetative buffers. The width of the right-of-way outside the pavement of any given street or road can be determined by the county department of transportation.

    Roof sign means a sign erected, constructed or maintained above the roof of any building. The sign or copy area shall not extend beyond the pitch boundaries or extremities of the roof line. The sign shall be mounted flush as depicted in the illustrations below. Square footage is to be calculated the same as wall signage. Permit applications shall be accompanied by a site plan which shall be stamped by a registered engineer or architect as to dimensions, above requirements and structural integrity.

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    Allowed and Not Allowed

    Sign means any name, identification, description, display, illustration, banner, string of lights or device which is affixed to or represented directly or indirectly upon a building, structure, vehicle or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.

    Soffit sign means a sign which hangs or is suspended beneath the cover of a walkway or beneath a support extending from a building.

    Streamer means strips of fabric or other flexible material combined together and used as a wind activated device.

    Wall sign means a sign, including an awning sign, permanently attached to the exterior wall of a building. A wall sign shall also include blade signs, glass facades or rows of windows which when viewed in conjunction with or collectively with the sign, may represent a name, logo or other advertisement.

    Window sign means a sign painted upon or affixed so as to be visible through a window.

    Zoning district means the zoning designation of parcels of land under this chapter.

(Ord. of 1-9-90, § 21; Ord. of 2-25-92, § 21(C), (F), (P), (Q); Ord. of 2-14-95, § 19; Ord. of 1-26-99; Ord. of 9-10-02; Ord. of 7-25-06; Ord. of 9-8-09; Amd. of 2-26-13; Amd. of 2-24-15; Amd. of 7-26-16)