§ 46-578. Signs.

(a)

Intent. The intent of this section is to create a comprehensive, balanced system of regulating signs and, thereby, facilitate an easy and pleasant communication between people and their environment, enhance the physical appearance of the village, and create a more attractive economic and business climate. It is intended by the provisions of this section to reduce sign or advertising distractions, to keep signs within a reasonable scale with respect to the buildings they identify, to promote a quality manner of display which enhances the character of the village, to eliminate hazards caused by signs being too close to the public rights-of-way, to avoid the confusion of conflicting adjacent signs, and to protect property values. With this purpose in mind, it is the intention of this section to authorize the use of signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors or of the development as a whole, and legible in the circumstances in which they are seen.

(b)

Exempt signs. The following signs are exempt from the permit requirements specified in this section:

(1)

Window signs. Window signs in nonresidential areas, which shall not occupy more than 30 percent of the total window area.

(2)

Residential nameplate signs. In residential districts, one nameplate on a dwelling for a permitted home occupation or for professional purposes, provided that such nameplate shall not exceed one square foot, is not illuminated, and is mounted flat against the wall of the dwelling unit.

(3)

Political signs. Not more than three political signs, which do not exceed a total aggregate area of 16 square feet, may be allowed on any one residential, commercial, or industrial zoned parcel. No such sign shall be displayed longer than ten days after the election for which the sign was erected. All such signs shall be set back at least ten feet from the public right-of-way.

(4)

Memorial signs. Memorial signs or tablets, names of buildings, and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

(5)

Government signs. Signs erected by or on behalf of or pursuant to the authorization of a government body, including legal notices, informational signs, directional or regulatory signs.

(6)

Flags. Flags, pennants or insignia of any governmental or nonprofit organization, when not displayed in connection with a commercial promotion or as an advertising device; decorative banners or displays for public demonstrations, promotions, civic events or charitable purposes, with no commercial advertising. Approval from the county road commission, the state department of transportation, and/or the village shall be required whenever the signs are located within a road right-of-way.

(7)

Handicapped accessibility signs. Signs indicating handicapped accessibility, not to exceed four square feet and bearing no advertising matter.

(8)

Architectural features/artwork. Integral decorative or architectural building features or works of art, provided that they do not contain letters, trademarks, moving parts, or lights.

(9)

Historical signs. Markers, plaques or signs describing a state or national designation as a historic site or structure and historic home plaques.

(10)

Contractor/construction signs. A temporary sign denoting the business name of the building; the architect, engineer, contractor; and anticipated completion, alteration or removal and not exceeding 16 square feet in residential districts and 48 square feet in nonresidential districts. All such signs shall be removed from the site within seven days after the issuance of an occupancy permit. To qualify for this type of sign, the contractor shall be required to display the building permit issued by the village.

(11)

Real estate advertising signs. One unlighted real estate sign advertising the sale, rental, or lease of the premises or property upon which the sign is located, and one unlighted sign indicating a building is "open" for inspection. In residential districts, no such sign shall exceed six square feet. In any nonresidential zoning district, such signs shall not exceed 25 square feet.

(12)

Real estate development signs. One unlighted real estate development sign located on the property under development. Offsite real estate development signs shall not be permitted. No such sign shall exceed 50 square feet in sign area. Such sign shall be removed seven days after the property has been sold or leased. Under no circumstances shall a real estate or development sign exempt under this section be allowed to occupy the property for more than one year. All such signs shall be registered with the village clerk prior to their erection on the site. Permits for real estate development signs may be renewed annually by the village clerk for projects that remain substantially undeveloped.

(13)

Directional signs. Directional signs not exceeding two square feet in sign area for each sign, with no more than two signs at each location. Horizontal directional signs painted on or adhered to the surface of paved areas are exempt from these standards. Directional signs may be located in the required front yard, except that in no case shall they be located within the road right-of-way. Directional signs, which may include a logo, shall not be used for advertising, but shall direct vehicular or pedestrian traffic to parking areas, loading areas, or to portions of a building.

(14)

Wall and behind-the-window signs. Wall or behind-the-window signs with lettering or symbols of three inches or less may also be allowed in addition to the permitted signs per establishment. The principal orientation of these signs is for pedestrian orientation. Permitted signage may also include business signs not exceeding two square feet containing information on credit cards and business affiliations. A single open or closed sign for each business establishment, is permitted provided such sign does not exceed 1½ square feet.

(15)

Gasoline price signs. Each establishment selling gasoline or diesel fuel as part of its principal permitted use shall be allowed one gasoline price sign, no larger than 12 square feet.

(16)

Other signs. Nonadvertising signs erected to warn the public of dangerous conditions and unusual hazard, including but not limited to caving ground, dropoffs, high voltage, fire danger, explosives and severe visibility limits.

(c)

Permit. A permit shall be issued in accordance with the following:

(1)

Application. Written applications for sign permits shall be made on forms provided by the village. All applications for sign approval shall be accompanied by the following information:

a.

The name and address of the property owner. If the applicant is not the property owner, the signature of the property owner shall be provided.

b.

An accurate scaled drawing of the property showing the location of all buildings, structures or lots to which the sign is to be attached or erected, showing other existing signs, property lines and the location of the sign.

c.

A drawing of the proposed sign to be erected or installed on the site, including the following detailed information:

1.

Height of the sign above the ground.

2.

Surface of the sign (material, color and dimensions).

3.

Area of the sign surface.

4.

Lettering of the sign drawn as it will appear on the erected sign. It need not be in the style of the finished sign, but must be neatly printed in the size and of a weight approximating that of the final constructed sign.

5.

Method and color of illumination, if any.

6.

Logos, emblems or additional features.

7.

Such additional information as the village clerk deems necessary and/or pertinent to the application.

d.

Copies of the application and all plans and supplemental statements of information required therewith shall be filed with the village clerk.

(2)

Approval or disapproval of application; issuance of permit. Upon receipt of all necessary submissions required by this subsection, the village clerk shall review the application for conformity with the requirements of this chapter. The village clerk shall either approve or disapprove the application within five business days. Approval may be conditioned upon compliance with reasonable regulations or limitations having regard to the character of the sign, the surroundings in which it is to be displayed, and the purposes of this section. If the application is approved by the village clerk, it shall then be reviewed by the building inspector for conformity with the village building code standards, and, if in compliance therewith, the building inspector shall issue a permit. A permit issued under this subsection shall not be assigned or transferred in any manner whatsoever if the sign covered by the permit is to be altered.

(3)

Suspension or revocation. A sign permit may be suspended or revoked as follows:

a.

Suspension. Any permit may be suspended by the village clerk whenever:

1.

Any provision of this section is being violated.

2.

Any condition of the permit is not being observed.

3.

It is necessary to preserve or protect public health, safety or welfare.

b.

Review and revocation. The village clerk shall notify the permit holder that the zoning board of appeals will review the action of the enforcing authority at its next regular meeting to determine whether the permit shall be reinstated, suspended for a further period of time, or permanently revoked.

(d)

Temporary signs. Because of a unique character of certain signs which are intended for use on a less than permanent basis and because of the effect of such signs on surrounding properties and persons, temporary signs shall be permitted only for a specific time period. Temporary signs may be permitted if they are necessary to the creation or relocation of a business; seasonal, anniversary, national or manufacturer's sale; or similar such circumstances, as determined by the village clerk. All temporary signs shall observe the following standards:

(1)

No sign shall exceed a maximum area of 24 square feet or exceed a maximum height of six feet.

(2)

All temporary signs shall observe the setback requirements contained in this chapter.

(3)

Temporary signs shall be permitted for a period of no longer than 15 days. Signs may be renewed for one 15-day period. No individual business may be allowed more than two temporary signs in any 12-month period.

(4)

All temporary signs shall be located on the same premises as the principal use that they are intended to serve.

(5)

The sign shall be installed in a manner so as not to impose a hazard to pedestrians or vehicular traffic, persons or property.

(6)

Inflatable signs may be allowed, provided that they observe all other applicable standards of this chapter.

(7)

An application for a temporary sign shall be filed by an applicant as provided by the village. The village clerk shall review the application for a temporary sign and, if the sign complies with all applicable requirements of this section, shall approve the application and direct the issuance of a permit for such sign. No person shall display or cause to be displayed a sign enumerated in this subsection without a permit.

(8)

Portable or sandwich signs are prohibited, regardless of form, size, placement or character, except when approved by the village clerk as part of the Peach Festival, sidewalk sales, or outdoor merchandising.

(e)

General regulations for all districts. The following standards shall apply to permitted signs in all districts:

(1)

Flashing lights. No festoon, flashing, animated or moving or bare bulb-type sign or display shall be permitted, nor shall it have any movement of any nature in its lighting. This requirement shall not apply to time and temperature signs.

(2)

Flags/banners. Streamers, windblown devices, spinners and pennants are prohibited, except as provided in subsection (d) of this section pertaining to temporary signs.

(3)

Right-of-way encroachment. No sign, except those established and maintained by the village, county, state or federal government, shall be located in, project into, or overhang a public right-of-way or dedicated public easement, except projecting signs or awnings permitted within the central business district. No such projection shall exceed three feet, nor shall a sign or awning be placed over a road surface.

(4)

Directional signs. All directional signs required for the purpose of orientation, when established by the village, county, state or federal government, shall be permitted.

(5)

Roof signs. Signs projecting above the roof are prohibited.

(6)

Lighting. Lighting shall be in accordance with the following:

a.

No light in excess of one-quarter footcandle from sign illumination shall spill over onto a residential district. Intensity shall be measured at the residential district or residence property line, whichever is closer to the sign.

b.

No colored light shall be permitted in any residential districts.

c.

Specialty lighting, such as neon accent lighting or "open" signs, may be permitted by the village clerk on a finding that the lighting meets all of the following standards:

1.

It is in character with the use.

2.

It is not distracting.

3.

It does not draw attention from other businesses.

4.

It is in scale with and does not eclipse other signs in the vicinity.

5.

It is not detrimental to other uses in the vicinity.

6.

It does not create a safety problem or hazard for motorists.

d.

Floodlight illumination, when permitted, shall be positioned so that none of the light shines onto adjoining property or into the eyes of motorists or pedestrians. The light source of such illumination shall be shielded from public view by either recessing the lights into the ground or screening them with landscape.

(7)

Vehicle business signs. Vehicle business signs are prohibited.

(8)

Time and temperature signs. Time and temperature devices may be approved in all commercial and industrial zoning districts, but shall be designed as an integrated part of a pylon or wall sign.

(9)

Wall-mounted signs. Signs mounted on a building shall not project more than 12 inches horizontally beyond the wall of a building, unless otherwise provided for in this chapter. A wall sign shall be placed and displayed only on the principal front of a building.

(10)

Setbacks. All signs, both permanent and temporary, shall observe the setbacks in this subsection. An accessory ground or pylon sign may be located in the required front yard, except that in no case shall it be located closer than ten feet to any property line, and it shall meet the following standards:

a.

The visibility of pedestrians and vehicles is in no way impaired.

b.

The sign does not encroach in a clear vision corner triangle of 25 feet, measured along the abutting road right-of-way and driveway to the site.

(11)

Special purpose signs. The village clerk may, upon his own authority, permit civic or philanthropic organizations or groups to display temporary nonpolitical signs not to exceed 16 square feet for no more than 30 days for a cause, function or activity they are sponsoring. All such signs shall observe the height and setback requirements of this chapter appropriate to the district in which they are located.

(12)

Awnings and canopy signs. Awnings and canopies with signage and those that are illuminated shall be regulated as a wall sign. All illumination shall be confined to that portion of the canopy used for signage purposes. Awnings or canopies in a shopping center or office complex shall be uniform or complementary in color. No awning or canopy shall extend into any required yard setback, with the exception of the central business district, in which it may project up to eight feet. All awnings and canopies shall be maintained in good condition. Torn or damaged awnings or canopies shall be removed or repaired by the owner of the site. Awnings or canopies shall have a minimum of eight feet of clearance from the lowest point of the sign to the ground or grade level.

(13)

Reader or changeable boards. Freestanding signs for office, commercial and industrial establishments may include a reader board to be calculated as part of the overall sign area.

(14)

Signs attached to utility poles, trees, or other structures. No sign shall be attached to either utility poles, trees, or other structures not specifically authorized by this chapter.

(15)

Traffic interference. No advertising device shall be erected or maintained which simulates or imitates in size, color, lettering or design any traffic sign or signal or other word, phrase, symbol or character in such manner as to interfere with, mislead, confuse or create a visual impediment or safety hazard to pedestrian or vehicular traffic.

(16)

Prevention of ingress to or egress from door, window or fire escape or of ventilation. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape or to prevent ventilation.

(f)

District regulations. No sign shall be erected, displayed or substantially altered or reconstructed, except in conformance with the following:

(1)

All residential districts. The following standards shall apply to all signs located within all residential districts:

a.

Single-family districts. In all single-family residential districts, no sign shall be permitted on a lot other than a temporary nonilluminated real estate, home occupation or political sign as provided for in subsection (b) of this section.

b.

Residential development identification signs. Residential development identification signs may be allowed at the principal street entrance to any development in all residential zoning districts, subject to the following standards:

1.

Entrance identification signs or structures shall be located outside of any right-of-way and clear vision intersection (see section 46-438).

2.

No more than two entrance identification signs shall be permitted. Such signs or structures are restricted to identification of the project or subdivision name only, and the sign or lettering shall not exceed a dimension of 24 square feet per sign. No more than one sign may be placed on each side of an entranceway or in an entrance road median.

c.

Accessory signs. Small accessory signs no more than two square feet in area, such as no trespassing signs, garage sale signs and signs warning of animals, may be allowed, provided that the total area of such signs shall not exceed six square feet.

d.

Institutional uses. Institutional uses such as schools, churches, libraries and similar uses shall be permitted one freestanding and/or one wall sign, which shall not exceed a total area of 32 square feet.

(2)

Central business district (CBD). The following standards shall apply to all signs located within the central business district:

a.

Each business may be allowed not more than one wall sign on each entrance side of the business. The total sign area shall not exceed one square foot for each lineal foot of building frontage. The total sign area (refer to subsection (f)(2)c. of this section) shall not exceed 50 square feet.

b.

In lieu of a wall sign, an individual business occupying a separate parcel may place a projecting sign perpendicular to the face of the building, subject to the requirements of subsection (e)(3) of this section. The maximum area of the projecting sign shall not exceed nine square feet.

c.

A business may be permitted one wall and one projecting sign or freestanding sign, where possible, provided that the combined area of both signs does not exceed the requirements as computed in subsection (f)(2)a. of this section.

(3)

South Main Street office district. The following standards shall apply to all signs located in the O office district:

a.

An individual business occupying its own site may be allowed one wall and one ground or monument sign. The maximum sign area shall not exceed 32 square feet. The maximum height of the sign shall not exceed six feet.

b.

All ground signs shall observe a minimum front yard setback at least ten feet from the property line or right-of-way.

c.

Ground signs shall not have internal lighting, but may have directed lights. They may be constructed of brick, metal, wood, or similar durable materials.

(4)

General commercial district and industrial districts. The following standards shall apply to all signs located in the GC general commercial district and the IND industrial district:

a.

Each individual business occupying its own site shall be permitted to display not more than two signs. One shall be a freestanding or ground sign located along the street or highway to which the business has its principal access. The second permitted sign shall be a front wall sign.

b.

The total sign area shall not exceed one square foot for each lineal foot of building frontage, up to a maximum of 500 square feet.

c.

A common signage theme shall be provided for each site with multiple tenants.

(g)

Permitted portable signs. Portable sidewalk or "A-frame" signs are allowed in the village, provided that each such sign has met the requirements of this section and a permit for such sign has been issued in accordance with and as required by subsection 46-578(c) of the Village of Romeo Zoning Ordinance.

(1)

Size and construction. All portable sidewalk or "A-frame" signs shall conform to the following size and construction criteria:

a.

The sign shall be of A-frame construction with a minimum base spread of 18 inches; not more than 24 inches wide; and not more than 36 inches high. The sign shall be sturdy and stable.

b.

The sign shall not have more than two faces and the surfaces of the sign shall be durable.

c.

Copy on the sign may be painted or printed on the surface or surfaces. Loose paper faces shall not be permitted. The sign shall not be illuminated by any means except natural light and existing street lighting.

d.

Placement of the sign shall be in a manner that is safe for and does not interfere with pedestrian or vehicular traffic. Placement of the sign shall be coordinated with other signs, benches, trees, planters and other streetscape elements such that a minimum of five feet of unobstructed sidewalk shall be maintained at all points along the sidewalk for pedestrian use.

e.

Only one sign is permitted for each permanent address of a building. A business with its only entrance door on a pedestrian alleyway, such as Starkweather Alley, may place one sign per pedestrian alley only at the curb edge along the street on which the building faces. All businesses in a building that have their only entrance door on a pedestrian alleyway shall share a single sign by listing the businesses on one sign, or by alternating usage of the sign at different times.

f.

A sign may be placed outside only during the hours when a business is open to the general public and shall be stored indoors, out of sight, at all other times.

g.

A sign application shall show a drawing of the front and side of the sign and shall include the dimensions of the sign and a plan of the sidewalk area and intended sign placement, all of which shall show compliance with the provisions of this section. The application shall include the applicant's name, address, business name, contact information and hours of operation.

h.

The owner of the sign and the owner of the site upon which it is located shall sign a statement assuming all liability for damage and injury that may be caused by the sign and releasing and indemnifying the village from and against any and all claims for liability or damages that may be caused by the sign. If requested by the village, the owner of the sign and the owner of the site upon which the sign is located must provide the village with proof of insurance against liability and damages in an amount and manner acceptable to the village.

(2)

Community purpose signs. Community purpose, general informational A-frame signs may be placed off-site by academic, charitable, or religious organizations, subject to the following limitations:

a.

The event for which the sign is being placed shall be of a specific and limited nature, such as, by way of illustration and not limitation, a community-wide breakfast, a performance for entertainment, a conference or special event or service.

b.

The sign shall not be displayed for more than two weeks before the scheduled event, and shall be removed within two days of the conclusion of the scheduled event.

c.

Signs permitted under this section shall not be placed on public property and may only be placed on private property. No commercial signs are permitted under this section.

d.

The owner of the sign and the owner of the site upon which it is located shall sign a statement assuming all liability for damage and injury that may be caused by the sign and releasing and indemnifying the village from and against any and all claims for liability or damages that may be caused by the sign. If requested by the village, the owner of the sign and the owner of the site upon which the sign is located must provide the village with proof of insurance against liability and damages in an amount and manner acceptable to the village.

(Ord. No. 482, § 6.07, 7-17-2000; Ord. No. 511, 2-22-2010)