Article 08 Sign Regulations

8.1. Intent and Purpose

A. It is the intent of these sign regulations to define the allowable uses of signs within the zoning jurisdiction and to regulate the time, place, and manner of signs without regulating speech or content.

B. This Article is to ensure that the constitutionally guaranteed right of free speech is protected.

C. The purpose of regulating signs is to protect public health, safety, and general welfare as well as:

1. Guide pedestrian, bicycle, and vehicle traffic

2. Identify and minimize safety hazards to drivers, bicyclists, and pedestrians

3. Eliminate excessive and confusing signs

4. Prevent blight and clutter

5. Encourage context-sensitive signs

6. Protect public and private investments

7. Support the desired quality aesthetics and development patterns in various zoning districts

8. Provide, maintain, and enhance the aesthetics, safety, and welfare of neighborhoods and the community

9. Provide adequate opportunity for signs

10. Protect free speech

8.2. Applicability

A. No sign shall be erected or altered until a sign permit has been issued by the Zoning Administrator, except as explicitly allowed by these regulations.

B. Any sign shall, by definition, be a structure. No land, personal property, or structure shall be used for sign purposes except as specified in this article.

C. Adherence to the regulations and provisions of this article are the responsibility of the property owner.

D. The regulations and requirements of this article apply to all signs that are or are intended to be viewed from a public right-of-way or adjacent property, or that are intended to be viewed from outdoor areas of private property, except as otherwise exempt under this article.

E. The Zoning Administrator is responsible for administering and enforcing all provisions of this article, other than those specifically reserved and assigned to other entities.

F. The Zoning Administrator is responsible for determining the appropriate sign category or sign type based upon the definitions provided and using his or her professional judgment.

G. The boundaries and locations of all zone and zoning district designations referenced in this article are shown on the City’s Official Zoning Maps.

H. Sign regulations are based upon the land use of a zoning lot or property as described in Article 05.

I. Regulations based upon zoning districts are intended to provide additional guidance to the general standards. If the zoning district standards conflict with general standards, the zoning district standards supersede the general standards. Where there are other conflicting regulations, the most restrictive applies.

J. Proposals for signs where the code is silent or where rules of this chapter do not provide a basis for concluding that the sign is allowed, are prohibited.

K. If the code regulations, descriptions, and examples do not provide adequate guidance to clearly address a specific situation, the stated intent of the regulation and its relationship to other regulations and situations are considered.

8.3. Substitutions Clause

The owner of any authorized or legal nonconforming sign may substitute sign copy in lieu of any other sign copy. Such changes affecting the copy only may be made at any time without additional approval or permitting. This provision prevails over any more specific provision to the contrary. This clause shall not be construed to include structural alterations, changes to required dimensions or other modifications.

8.4. General Definitions

Abandoned Sign Structure: A sign structure where no sign has been in place for a continuous period of at least one- hundred and eighty (180) days.

Aggregate Sign Area: The combined area of all sign faces on a single zoning lot.

Awning: An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

Beacon: A concentrated beam of light intended to attract or divert attention to its location but does not include any kind of lighting device required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

Decorative Cap: An element of the sign structure that is distinguishable from the sign face and placed above the sign face and is not used for mounting or securing the sign. It is intended to plug the open end of a sign post with a cover having aesthetic appeal.

Dilapidated Sign: A sign that is structurally unsound or unsafe, is completely or partially defective, or is in need of maintenance.

Festoons: Strings of lighted devices, or strings of ribbons, tinsel, pennants, streamers, or similar devices designed to move in the wind.

Marquee: A permanent roof-like structure projecting over an entrance attached to and supported by the building for the purpose of supporting a marquee sign.

Nit: A unit of measurement referring to luminance. One (1) nit equals one (1) candela per square meter.

Off-Premise Sign: A sign that identifies a use or advertises products or services offered somewhere other than on the zoning lot where the sign is displayed.

On-Premise Sign: A sign that identifies the use or advertises products or services offered on the zoning lot where the sign is displayed.

Parapet Wall: A portion of a building wall that rises above the roof level.

Primary Sign: The main, most prominent or largest permanent freestanding or building sign on a property’s street frontage or principal building, other than a project entrance sign.

Prohibited Sign: A sign, other than a legal non-conforming sign, that exists illegally or otherwise does not conform to this article.

Roof Line: The upper-most edge of the roof, or in the case of an extended facade or parapet, the upper-most height of said facade.

Secondary Sign: All signs not deemed to be primary signs, not including incidental signs.

Sign: A medium for visual communication that conveys a message or image and is used to inform or attract the attention of the public.

Sign Base: The portion of a sign structure attached to the ground that supports the sign.

Sign Body: The portion of a sign structure that is intended to display the sign face, exclusive of the sign base or decorative cap.

Sign Copy: The words, letters, logos, symbols, or other design elements that are used to convey the message, idea, or intent for which a sign has been placed.

Sign Face: The surface of a sign that includes or is intended to include sign copy and encloses or may enclose sign copy.

Sign Panel: Each portion or unit of a sign face that is clearly distinguishable and separable from other portions or units based on its individual or independent construction or framing.

Sign Setback: The minimum distance from the property line that a sign must be located, which may differ from the building setback.

Sign Structure: The structural support and bracing elements for a sign, including the post(s).

Structural Alteration: The modification of a sign or sign structure that affects the size, shape, height, or sign location; changes in structural materials; or replacement of electrical components with other than comparable materials.

Structural alteration does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets.

8.5. Sign Category Definitions

Signs are categorized by five (5) different aspects of the sign. The five (5) aspects are duration, portability, structure, lighting, movement. An individual sign

will fit within one of the defined categories for each aspect (e.g. in terms of duration, a sign will either be a permanent sign or a temporary sign).

A. Duration: The time for which the sign is designed to be displayed. A sign will be either a permanent

ILLUSTRATIVE EXAMPLES: SIGN CATEGORIES

sign or a temporary sign.

1. Permanent Sign: A sign that is securely affixed to the ground or a building and not readily removable and not temporary.

2. Temporary Sign: A sign that is affixed to or placed on the ground or a structure but is readily removable and not intended for permanent installation.

B. Portability: The ability to move a sign. A sign will be either a fixed-location sign or a portable sign.

1. Fixed-Location Sign: A sign structure that is designed to be in a fixed location, which is securely affixed to the ground or permanent structure.

2. Portable Sign: A movable sign that is not attached to the ground, building, or other structure or that is attached to a movable structure such as a vehicle, trailer, or other conveyance.

PERMANENT

ILLUSTRATIVE EXAMPLES: SIGN CATEGORIES

VEHICLE

C. Structure: The structure to which the sign is affixed or placed. A sign will be either a building sign, a freestanding sign, or a vehicle sign.

1. Building Sign: A sign mounted or painted on, or otherwise affixed to or projects from, or otherwise part of the exterior wall, roof, door, window, canopy, or other exterior part of a building or similar type structure such as a free-standing canopy, or to structures accessory to the building such as a fence, retaining wall, or similar type structure to which the sign is accessory. Building signs are classified based on the location on a building or structure to which they are affixed or placed. Building signs include, but are not limited to awning signs, canopy signs, marquee signs, projecting signs, roof signs, wall signs, and window signs.

2. Freestanding Sign: A sign mounted or painted on, or otherwise affixed to or projects from, or part of a completely self-supporting structure other than a building in which the main purpose of the structure is

to support a sign. Freestanding signs include, but are not limited to column signs, hybrid monument signs, monument signs, and pole signs.

3. Vehicle Sign: A sign placed, mounted, painted on, or affixed to a motor vehicle or to a trailer or other conveyance, whether motorized or drawn.

D. Lighting: The illumination of a sign. A sign will be either an illuminated sign or a non-illuminated sign.

1. Illuminated Sign: A sign designed to give forth any artificial light or reflect light from an artificial source that is primarily intended to

illuminate the sign. Illuminated signs include internally illuminated signs and externally illuminated signs.

2. Non-Illuminated Sign: A sign not designed to give forth any artificial light or reflect light from an artificial source that is primarily intended to illuminate the sign.

E. Movement: The actual or appearance of movement of the sign or sign elements. A sign will be either a dynamic sign or a static sign.

1. Dynamic Sign: A sign, or portions of a sign that, through its design has, or appears to have movement. Dynamic signs have one or more of the following characteristics more than once every twenty four (24) hours: moves or has moving parts; varying direct or indirect light intensity; varying color effects; blinking, rotating, spinning, flashing, fading, dissolving, or similar lighting effects; changing sign copy; or video screens.

2. Static Sign: A sign that does not include the actual, or illusion of, moving parts or action, varying lighting effects. Signs with changeable copy which do not change sign copy more than once in a twenty four

(24) hour period are considered static signs.

8.6. Sign Type Definitions

This section defines specific sign types. Each of these sign types will fit within the broader categories defined in 01.03. An individual sign can and may fit within more than one (1) sign type definition presented in this section.

Air-Activated Sign: A dynamic sign that is designed to move and attract attention through movement caused by the wind or moving air or gas, such as an air blower.

Awning Sign: A building sign on or affixed to an awning.

Balloon Sign: A sign on any lighter than air or gas filled inflatable object attached by a tether to a fixed object.

Banner Sign: A sign composed of non-rigid material with no enclosing framework or electrical components that is supported or anchored to a building, pole, fence, or similar structure on two or more edges or at all four corners and not intended for movement in the wind.

Blade Sign: A sign composed of non-rigid material with no enclosing framework or electrical components that is mounted on a pole and may move in the wind or be stationary.

Canopy Sign: A building sign on or affixed to a canopy.

Changeable Copy Sign: A sign in which sign copy changes in position, format, display, or similar. Those which change by hand are manual and those which change by a control mechanism such as electronic or mechanical means are automatic. Those that change more than once in a twenty four (24) hour period are dynamic signs. Those that change less often are static signs.

Column Sign: A freestanding sign in which the sign face(s) is supported by at least one column or similar vertical support, where the sign body is elevated above the ground and each vertical support is more than ten (10) percent of the width of the sign body.

Digital Video Sign: An electronic message sign commonly using Light Emitting Diodes (LED) or related video technologies to transmit messages, animations or video clips.

Electronic Message Sign: A automatic changeable copy sign in which the sign copy can be electronically changed by remote or automatic means. Electronic message signs include digital video signs.

ILLUSTRATIVE EXAMPLES: SIGN TYPES

Externally Illuminated Sign: An illuminated sign, other than a non- flashing sign, that is illuminated from an external artificial source, where the light source is primarily intended to illuminate the sign.

Flag Sign: A sign composed of a lightweight, non-rigid material supported or anchored along only one edge or at only two corners and moves in the wind. This does not include banner signs or blade signs as defined.

Free-Form Sign: A sign that has no identifiable frame or border.

Hybrid Monument Sign: A monument sign that does not have a solid and continuous background for the sign from the ground to the top of the sign structure.

Incidental Sign: A small emblem, decal, or similar with a sign area of less than or equal to one and one-half (1½) square feet.

Incidental signs are static, non-illuminated and generally not intended to be viewed from any location beyond the site on which it is located.

Inflatable Sign: A sign that is expanded, activated, set in motion, or supported by air at pressures greater than the surrounding atmospheric pressure or gases within the sign. Inflatable signs include those supported by air from air blower.

Internally Illuminated Sign: An illuminated sign of which the sign face, or portions of the sign face, is designed to give forth any artificial light.

Marquee Sign: A building sign on or affixed to a marquee.

Mechanical Movement Sign: A dynamic sign that has physical movement through mechanical means.

Monument Sign: A freestanding sign in which the entire bottom of the base of the sign structure is in contact with the ground, the base of the sign structure is at least as wide as the total width of the sign body plus any vertical supports, and there is a solid and continuous background for the sign from the ground to the top of the sign structure.

Pole Sign: A freestanding sign in which the sign face(s) is supported by at least one pole or similar vertical support, where the sign body is elevated above the ground and each vertical support is less than ten (10) percent of the width of the sign body.

Projecting Sign: A building sign that is completely or partly supported by a building structure and extends more than twelve

(12) inches from the face of the structure.

Roof Sign: A building sign completely supported by the roof of a building structure and does not extend more than twelve (12) inches beyond the face of the structure.

Sidewalk Sign: A portable, temporary sign placed on a public access walkway.

Umbrella Sign: A sign integrated into the body of an umbrella.

Wall Sign: A building sign supported by a wall of a structure or where the wall forms the background surface, and does not project more than twelve (12) inches from such structure.

Window Sign: A building sign on, within, or behind a window pain or glass door intended to be viewed from the exterior of the building.

Yard Sign: A temporary, freestanding sign placed on a lot of residential use.

ILLUSTRATIVE EXAMPLES: SIGN TYPES

8.7. Measurements and Calculations

A. Primary Building Elevation

1. The primary building elevation shall be any elevation that faces onto a street right-of-way to which the parcel has street frontage and has the principal entrance to the building or has an entry used primarily for customers or clients.

2. The wall area of the primary building elevation shall be determined as follows:

a. When scaled architectural elevations are provided to depict the elevation of the structure, the vertical wall area of the elevation shall be the wall surface of the building elevation exclusive of roofs,

parapets and false fascia, except that a parapet on the primary building elevation, that is part of a parapet of a uniform height and building material on three sides of a structure may be included in the elevation area, but decorative parapet extensions of irregular height on one or two sides of a structure are excluded from the calculation.

b. When architectural plans are not provided, it shall be assumed that the height of the elevation of the first floor is twelve (12) feet and that the height of the elevation of all floors above the first floor is ten (10) feet per floor. The area of the elevation is then calculated based on the formula:

(building length x 12 feet) + (building length x (number of additional floors x 10 feet))

B. Setbacks for Signs

Setbacks for freestanding signs shall be measured from the farthest most protrusion of the sign or sign structure to the nearest point along the property line.

C. Street Frontage

Street frontage shall be measured parallel to the centerline of the public street. Where a zoning lot has more than one public street frontage, street frontage shall be the combined linear street frontage.

D. Sign Clearance

The sign clearance shall be measured from the highest point of the ground directly below the sign to the lowest point of the sign structure.

SIGN FACE HEIGHT

SIGN

COPY

E. Total Sign Height (also referred to as sign height)

1. The total sign height of freestanding signs shall be measured from the ground elevation at the base of the sign structure to the highest element of the sign structure. For signs that may vary in height, such as inflatable signs, the total sign height shall be measured from the ground elevation at the base of the sign structure to the highest element of the sign structure at its peak elevation.

2. For building signs, the total sign height shall equal the sign face height.

F. Sign Area

1. The sign area shall include the entire area of the sign face. The area of a sign face shall be calculated by multiplying the sign face width by the sign face height using a rectangular shape that completely encloses the sign face.

2. The sign area of a free-form sign shall include the entire area

SIGN COPY

SIGN FACE WIDTH

within a single rectangle enclosing the extreme limits of the

sign copy and other graphic element used to portray the sign’s message.

3. The sign area of electronic message signs shall include the entire area within a single rectangle enclosing the extreme limits of possible locations for sign copy and other electronic message elements.

4. A sign designed to be viewed from two (2) or more directions shall be considered one (1) sign, provided that the sign

faces are parallel or form an angle of no more than ten (10) degrees. If one sign face is larger, the larger of the two sign faces shall be used to determine the sign area.

5. For cylindrical sign structures, the sign area shall be area of the largest flat plane rectangle that would bisect the sign

structure and be completely contained within the outer bounds of the sign structure.

6. The aggregate sign area shall be the sum of all sign area for signs on a zoning lot, not including incidental signs.

8.8. Sign Permitting Process

A. As required by this article, a sign permit application shall be considered incomplete, unless accompanied by:

1. Plans and specifications of the proposed sign, which may include relevant drawings with items such as location, dimensions, construction, structural design, electrical design, and illumination specifications.

2. A certificate of Accident Public Liability Insurance issued to the person or firm installing a sign or sign structure over public property; with minimum coverages of providing $50,000

per person, $100,000 per accident and $25,000 property damage.

B. Review and Action

1. The Zoning Administrator shall review the sign permit application in detail for the purpose of determining whether the proposed sign complies with all the applicable sign regulations of this article, if applicable. Within 15 days of the submission of a complete application for a sign permit, the Zoning Administrator shall either:

a. Issue the sign permit, if the sign complies in every respect with the standards of this article, if applicable; or

b. Deny the sign permit if the sign fails in any way to comply with the standards of this article. The Zoning Administrator shall specify all reasons for the denial.

2. A sign permit issued under the provisions of this chapter shall expire and become null and void if the work authorized by the sign permit is not commenced within one-hundred and eighty (180) days from the date of issuance of such permit, or if the work authorized by the sign permit is suspended or abandoned for one- hundred and twenty (120) days or more at any time after work has commenced. After such time, a new sign permit is required.

C. Permit Fees

Every application before being granted a permit hereunder, shall pay to the Office of the Zoning Administrator. Permit fees for each such sign or other advertising structure are based upon the value of the project. A schedule of fees is available from the Zoning Administrator. The fees may be modified by resolution of the City Council and shall be effective upon approval.

D. Inspection

Once the sign has been erected or installed, the permit holder shall notify the Zoning Administrator who shall inspect such sign and approve the same if it is in compliance with the provisions of this article. The Zoning Administrator may, from time to time, as he or she deems necessary, inspect all signs or sign structures regulated by this article for the purpose of ascertaining whether the same is secure or insecure or whether it is in need of removal or repair.

E. Permit Revocable at Any Time

All rights and privileges acquired under the provisions of this article or any amendment thereto, are mere licenses revocable at any time by the Zoning Administrator; and all such permits shall contain this provision.

F. Variances

The Board of Zoning Appeals has the authority to authorize a variance from the specific terms of this article in specific cases. Variances shall not be contrary to the public interest and where, under special circumstances, enforcement of the provisions of this article will result in unnecessary hardship. The purpose and intent of this article shall be observed.

8.9. Signs Not Requiring a Sign Permit

A. Any sign exempt from these regulations.

B. Temporary signs on a zoning lot within an A-1, R-1, or R-2 zoning district with a single-family residential primary use that meet all of the following provisions.

1. No more than two (2) shall be displayed on a zoning lot at any given time.

2. No single temporary sign shall exceed six (6) square feet in sign area.

3. Sign height shall not exceed five (5) feet.

4. No single temporary sign shall be displayed for a period exceeding ninety (90) days.

5. Signs shall not be portable, illuminated, or dynamic, as defined in this article.

C. Temporary signs on a zoning lot within any zoning district with a primary use other than single-family residential that meet all of the following provisions.

1. No more than two (2) shall be displayed on a zoning lot at any given time.

2. No single temporary sign shall exceed twelve (12) square feet in sign area.

3. Sign height shall not exceed ten (10) feet.

4. No single temporary sign shall be displayed for a period exceeding ninety (90) days.

5. Signs shall not be illuminated or dynamic, as defined in this article.

8.10. Signs Exempt from Regulation

A. Signs placed by, at the direction of, or by requirement of the City of Rose Hill or any other government entity in the right-of-way or on any government owned parcel.

B. Signs required by federal, state, or local statute or order with a sign area of thirty-two (32) square feet or less.

C. Signs identifying historic events, buildings, or other aspects of Rose Hill and authorized by the City.

D. Signs not visible and distinguishable beyond the zoning lot where the sign is located.

E. Incidental signs up to a maximum aggregate sign area of nine (9) square feet for all incidental signs on a zoning lot.

F. Flag signs that adhere to the following regulations.

1. Sign area of a single flag sign does not exceed forty (40) square feet.

2. Sign height does not exceed twenty five (25) feet.

3. Aggregate sign area of all flag signs on a zoning lot does not exceed fifty five (55) square feet.

4. Flag signs that meet the above regulations shall not count towards the allowable aggregate sign area for temporary signs.

G. Antique or collectible signs that are part of a museum exhibit, painted on a wall or architectural element of a historic building or displayed outdoors as merchandise for sale in a manner consistent with these regulations.

H. A display of goods in a window.

I. Signs carried by a person.

J. Scoreboards and off-premise signs on athletic fields which are oriented towards the field of play.

K. Signs affixed to or incorporated into machines or equipment by the manufacturer or distributor.

L. Vehicle signs are exempt unless one or more of the following applies.

1. The vehicle on which the sign is displayed does not have a current, lawful license plate affixed to such vehicle;

2. The vehicle on which the sign is displayed is inoperable; or

3. The vehicle on which the sign is displayed is not parked in a lawful or authorized location, or is on blocks or other supports, or is parked in a manner that is distinct or different from the per-determined parking area design.

8.11. Prohibited Signs

A. All signs that are not in compliance with this article, other than legal non-conforming signs.

B. Signs which by location, color, or design element conflict with traffic control signs or signals or that may interfere with, mislead, or confuse traffic.

C. Privately owned signs on or above public property other than the government entity responsible for such property or other private entity occupying or working on public property pursuant to government contract or franchise, unless explicitly allowed by this article.

D. Vehicle signs visible from the public right-of-way that are not otherwise exempt.

E. New signs located on property without the permission of the property owner except those authorized or required by federal, state, or local government.

F. Signs incorporating beacon lighting or strobe lights.

G. Signs which emit smoke, particulate matter, sound, odor, or other visible vapors.

H. Signs which prevent free ingress or egress from any door, window, or fire escape.

I. Festoons.

J. Abandoned sign structures.

8.12. General Sign Standards

A. Construction Materials

1. All signs shall be constructed of non-combustible materials.

2. Permanent signs shall be constructed of permanent all-weather materials.

B. Sign Placement

1. All signs and sign structures shall be completely within the zoning lot except when otherwise allowed to encroach into the right-of-way under this article.

2. Signs shall not be placed on or otherwise attached to any tree, utility pole, or light pole.

3. All signs and sign structures shall not obstruct pedestrian access along a sidewalk or to building entrances and exits, disabled access ramps, or designated disabled parking spaces or otherwise block access or violate Americans with Disabilities (ADA) requirement or any other federal, state, or local access requirements or regulations.

4. All signs and sign structures shall not obstruct vehicular access of a driveway, alley, parking area, or other designated vehicular access area.

5. Signs extending into or placed within the right-of-way.

a. Projecting signs that extend into the right-of-way shall meet the following standards.

i. Where allowed, the sign shall not extend more than six (6) feet into the right-of-way. However, a sign shall not extend closer than two (2) feet from the curb if a curb is provided. If a curb is not provided, the sign shall not extend closer than two (2) feet from the edge of the street pavement.

ii. No more than thirty (30) square feet of the sign face may extend into the right-of-way.

iii. There shall be a minimum sign clearance of eight (8) feet, except that signs projecting into a sight triangle shall have a minimum clearance of ten (10) feet.

b. Awnings, canopies, and marquees that extend into the right-of-way may contain signs.

c. Portable temporary signs may be placed in the right-of-way, subject to these regulations.

d. Signs extending into the right-of-way may be required by the City Engineer to be modified or removed due to improvement projects in the right-of-way. Modification or moving will be at the expense of the owner. Non-conforming signs that are required to be moved or modified under this provision may be replaced without being brought into conformance.

6. Setbacks and Sight Triangles

a. All freestanding signs shall have a setback of no less than five (5) feet from the property line or ten (10) feet from the edge of the street pavement, whichever distance is greater.

b. Any freestanding sign placed in the sight triangle shall not exceed three (3) feet in total sign height.

c. Further guidance on sight triangles is provided in Section 04.

C. Landscaping

Freestanding signs shall be landscaped in order to make the signage a more integral element of the overall site design. The landscaping shall be within a defined planting area and shall extend no less than three feet from the base of the sign. In general, a combination of ornamental deciduous trees, evergreen trees, shrubbery, ground cover, perennials and bulbs covering twenty-five percent (25%) of the area surrounding the sign base is

appropriate. This material is intended to accent the signage, minimize its impact on surrounding development, and separate the sign from traffic and parking.

D. Portability

1. Vehicular signs are subject to applicable regulations for the appropriate vehicular code when in use on public roadways.

2. Portable signs shall not be illuminated or dynamic.

3. Portable signs may be placed in public right-of-way, subject to the provisions of this article and the following.

a. This shall only apply to public rights-of-way immediately adjacent to commercial lots zoned B-1 or C-1 and having a commercial primary land use.

b. Each commercial establishment located on the adjacent zoning lot shall be allowed to display one (1) on- premise portable sign in the right-of-way during its operating hours only.

c. The sign structure shall be placed completely outside of the street or roadway.

d. The sign area shall be no greater than eight (8) square feet and shall be counted against the aggregate allowed sign area of the zoning lot.

e. The maximum height of the sign structure shall be four (4) feet, except that those placed in a sight triangle shall not exceed three (3) feet in height.

E. Building Signs

1. Awning, Canopy, and Marquee Signs

a. Shall not extend beyond the highest point of the awning, canopy, or marquee to which is it affixed.

2. Projecting Signs

a. Shall only be affixed to a building.

b. Shall not extend higher than the highest point of the building to which it is affixed.

c. The edge of the sign nearest the building wall to which it is affixed shall not be more than twelve (12) inches from such wall.

3. Roof Signs

a. Shall not extend beyond the highest point of the building to which it is affixed.

b. Signs on pitched roofs shall be parallel to the building wall and shall not extend beyond the building wall.

c. Support structures shall not be visible above the sign.

4. Wall Signs

a. Shall not extend higher that the highest point the wall or structure to which it is affixed.

b. Shall not extend more than twelve (12) inches from the building to which it is affixed.

5. Window Signs

a. The aggregate sign area of all sign faces displayed on or through an individual window shall not cover more than fifty percent (50%) of the area of said window.

F. Freestanding Signs

Permanent freestanding signs shall not be located within twenty (20) feet from another freestanding sign or projecting sign on the same zoning lot or on another zoning lot.

G. Illuminated Signs

1. Shall conform to all applicable illumination regulations in this article and the current edition of the building code adopted by the City of Rose Hill.

2. Glare from any illuminated sign shall not directly or indirectly illuminate beyond the zoning lot on which the sign is located, or the ground under those allowed to extend into public right-of-way, in excess of a measurement of one-half (½) foot candle of light above ambient light conditions.

3. Shall be equipped with a light detector/photocell, or a scheduled dimming timer by which the sign’s brightness shall be dimmed when ambient light conditions darken.

4. The light source, including fixture, of any sign utilizing external illumination shall be shielded from view from any public right-of-way and from any residential dwelling unit.

5. All electrical wiring to freestanding signs shall be placed underground. All electrical wiring to building signs shall be concealed from public view.

6. Prior to approval of a sign permit for any illuminated sign, the applicant shall certify in writing that such signs meet all of the illumination requirements.

H. Changeable Copy Signs

1. Shall display each individual message for a minimum of eight (8) seconds.

2. Individual messages displayed shall be static.

3. Automatic changeable copy signs.

a. If illuminated, shall adhere to theses regulations.

b. Shall not be located in A-1, R-1, R-2, or R-3 zoning districts.

c. Shall be equipped with a light sensing device that automatically adjusts the brightness of the sign as ambient light conditions change.

d. The transition from one static display to another shall be instantaneous to the human eye without any transition effects. Transition effects include wipes, fades, or other special effects, however, scrolling is allowed.

e. Shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than fifty percent (50%) of the sign face.

f. All automatic changeable copy signs lawfully in existence prior to the effective date of this article shall conform to the requirements in Section 08.12.G and Section 08.12.H within one (1) year of official adoption of this article. Exception: An automatic changeable copy sign, which was lawfully established with no dimming capability, shall be considered legal nonconforming regarding the requirement for dimming control technology.

I. Dynamic Signs: That are also illuminated signs shall comply with applicable provisions.

8.13. Permanent Sign Regulations by Zoning District

Permanent signs shall conform to the following provisions based upon the zoning district in which the property exists, unless otherwise specified elsewhere in this article. Each sign or sign type referenced in this section is assumed to be a permanent sign unless otherwise specified.

A. A-1, R-1, and R-2 zoning districts

1. Lots with Single-Family Residential Primary Uses

a. Aggregate sign area shall not exceed four (4) square feet.

b. Sign area for a single sign shall not exceed four (4) square feet.

c. Sign height shall not exceed five (5) feet.

d. No more than one (1) sign per zoning lot shall be externally illuminated.

e. Signs shall not be off-premise, portable, projecting, roof, internally illuminated, or dynamic.

2. Residential Subdivisions of Twenty (20) Lots or More

a. Shall be permitted one freestanding sign per vehicular entrance but shall be a minimum of five hundred

(500) feet apart.

b. Sign area for a single sign shall not exceed thirty-two (32) square feet.

c. Sign height shall not exceed ten (10) feet.

d. Signs shall be monument, hybrid monument, or column signs.

e. Internally illuminated signs shall not be allowed.

f. Signs shall not be off-premise, portable, or dynamic signs.

3. Non-Residential Primary Uses

a. Aggregate sign area shall not exceed one (1) square foot per two (2) feet of street frontage with a minimum guaranteed aggregate sign area per zoning lot of sixteen (16) square feet.

b. Sign area for a single sign shall not exceed thirty-two (32) square feet.

c. Sign height shall not exceed ten (10) feet.

d. No more than two (2) signs per zoning lot shall be externally illuminated.

e. Signs shall not be off-premise, portable, internally illuminated, or dynamic signs.

B. R-3 zoning district

1. Lots with Single-Family Residential Primary Uses

Shall have the same regulations as single-family residential zoning lots in an A-1, R-1, or R-2 zoning district.

2. Lots with Primary Uses Other than Single-Family Residential

a. Aggregate sign area shall not exceed one (1) square foot per two (2) feet of street frontage with a minimum guaranteed aggregate sign area per zoning lot of twenty (20) square feet.

b. Sign area for a single sign shall not exceed thirty two (32) square feet.

c. Sign height shall not exceed ten (10) feet.

d. No more than two (2) signs per zoning lot shall be externally illuminated.

e. Signs shall not be off-premise, portable, internally illuminated, or dynamic signs.

C. B-1, C-1, and I-1 zoning districts

1. Primary On-Premise Freestanding Signs

a. One (1) primary on-premise freestanding sign is allowed per zoning lot based upon the street classification to which the zoning lot is addressed.

i. Zoning lots addressed to an arterial street shall have a sign height less than or equal to twenty (20) feet and shall have a sign area less than or equal to sixty four (64) square feet.

ii. Zoning lots addressed to a collector street shall have a sign height less than or equal to fifteen (15) feet and shall have a sign area less than or equal to thirty-six (36) square feet.

iii. Zoning lots addressed to a local street shall have a sign height less than or equal to ten (10) feet and shall have a sign area less than or equal to twenty-four (24) square feet.

b. Multi-Tenant Zoning Lots

For multi-tenant zoning lots sharing the same freestanding sign structure, the sign area allowed for a primary freestanding sign for each tenant may be placed on one (1) zoning lot. Sign height shall be regulated by the street classification for which the zoning lot, on which the sign is located, is addressed.

2. Additional On-Premise Freestanding Signs

a. One (1) on-premise freestanding sign per vehicle entrance to a zoning lot shall be allowed an entrance location, sign area shall not exceed eight (8) square feet, and sign height shall not exceed four (4) feet, and not within twenty (20) feet of another freestanding sign.

b. Additional freestanding signs may be placed on a zoning lot based upon the amount of street frontage. An additional one (1) square foot of aggregate sign area for on-premise freestanding signs per four (4) linear feet of street frontage is allowed. For each additional sign, the sign height shall not exceed eight

(8) feet, and the sign area for a single sign shall not exceed four (4) square feet. Signs allowed under this provision shall not be located within twenty (20) feet of another freestanding sign. This additional aggregate area shall not increase the allowed sign area for single signs.

3. High-Speed Roadway Frontage Freestanding Signs

Due to sign visibility concerns at high travel speeds, one (1) additional on- or off-premise freestanding sign is allowed on zoning lots frontages of roadways having a posted speed limit of 60 mph or greater, only when such a freestanding sign is located within one-hundred (100) feet of the street right-of-way and the sign face is oriented towards traffic on said streets. The sign height shall not exceed thirty (30) feet, the sign area shall not exceed two-hundred (200) square feet, and such signs shall not be placed within one-thousand (1,000) of another such sign. Such signs shall not be within one-hundred (100) feet of any other permanent freestanding sign.

4. Building Signs

a. The aggregate area of all permanent building signs shall not exceed ten (10) percent of the wall area of the primary building elevation(s).

b. Signs may be placed on any elevation of the building and shall not extend beyond the highest point of the building.

5. No more than one (1) sign on a zoning lot shall a dynamic sign.

6. No more than two (2) signs per zoning lot shall be illuminated.

7. No more than one (1) sign on a zoning lot may be an automatic changeable copy sign, including electronic message sign, or portions of a sign that include similar characteristics, shall not exceed fifty percent (50%) of the maximum sign area for an individual sign, shall be limited to two (2) signs per zoning lot, a single

electronic message sign shall not exceed thirty two (32) square feet, and shall only be located along freeway, arterial, or collector street frontage.

8.14. Temporary Sign Regulations by Zoning District

Temporary signs, as defined in this article, shall conform to the following provisions based upon the zoning district in which the property exists.

A. General Provisions

1. A temporary sign permit is required for all temporary signs except as exempted.

2. Any temporary sign not requiring a sign permit and not specifically exempt shall count towards the maximum aggregate sign area for temporary signs.

3. Temporary signs are allowed in addition to allowed permanent signs.

4. If a primary sign is removed due to a project by a government agency or at the direction of a government agency, a temporary sign(s) of comparable size, height, number and aggregate area allowed for permanent sign(s) is allowed, provided it is removed within ten (10) days after construction is complete.

5. Portable temporary signs are allowed in the B-1, and C-1 zoning districts, shall be counted towards the limits on temporary sign size and number.

B. A-1, R-1, R-2 and R-3 zoning districts

1. Lots with Single-Family Residential Primary Uses

a. Aggregate sign area shall not exceed twenty (20) square feet.

b. Signs per zoning lot shall not exceed three (3) signs.

c. Sign area for a single sign shall not exceed sixteen (16) square feet.

d. Sign height shall not exceed five (5) feet.

e. Signs shall not be displayed for more than ninety (90) days. However, one (1) sign is allowed to be displayed for up to one-hundred and eighty (180) days.

f. Signs shall be constructed of non-rigid or semi-rigid materials and designed so as to not be permanent. The one (1) sign allowed to be displayed for up to one-hundred and eighty (180) days shall be constructed of a rigid frame and be resistant to rot, decay, and deterioration.

g. Signs shall not be portable, building, dynamic (except flag signs), or illuminated signs.

2. Lots with Primary Uses Other than Single-Family Residential

a. Aggregate sign area shall not exceed thirty (30) square feet.

b. Signs per zoning lot shall not exceed three (3) signs.

c. Sign area for a single sign shall not exceed twenty (20) square feet.

d. Sign height shall not exceed five (5) feet.

e. Signs shall not be displayed for more than ninety (90) days. However, one (1) sign is allowed to be displayed for up to one hundred and eighty (180) days.

f. Signs shall be constructed of non-rigid or semi-rigid materials and shall be designed so as to not be permanently installed or displayed. The one (1) allowable sign to be displayed for up to one-hundred and eighty (180) days shall be constructed of a rigid frame and be resistant to rot, decay, and deterioration by the elements.

g. Signs shall not be portable, building, dynamic (except flag signs), or illuminated signs.

C. R-3, B-1, C-1, and I-1 zoning districts

1. Aggregate sign area shall not exceed sixty-four (64) square feet.

2. Signs per zoning lot shall not exceed five (5) signs.

3. Sign area for a single sign shall not exceed thirty-two (32) square feet.

4. Sign height shall not exceed ten (10) feet.

5. Signs shall not be displayed for more than ninety (90) days. However, one (1) sign is allowed to be displayed for up to one hundred and eighty (180) days.

6. Signs shall be constructed of non-rigid or semi-rigid materials and shall be designed so as to not be permanently installed or displayed. The one (1) allowable sign to be displayed for up to one-hundred and eighty (180) days shall be constructed of a rigid frame and be resistant to rot, decay, and deterioration by the elements.

7. Signs shall not be internally illuminated.

8. Signs shall not be dynamic signs (except air-activated signs).

8.15. Maintenance

A. Existing Sign Maintenance

All signs shall be designed, constructed, and maintained in compliance with applicable provisions of the building code and other City codes.

B. Removal of Unsafe or Illegal Signs

If the City shall find that any sign regulated by this article is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this regulation, it shall give written notice to the permit holder thereof. If the permit holder fails to remove or alter the structure so as to comply with the standards herein set forth within ten (10) days after such notice, such sign may be removed or altered to comply by the City at the expense of the permit holder or owner of the property upon which it is located. The City shall not approve a permit to any permit holder or owner who refuses to pay costs so assessed. The enforcement

agency may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice.

C. Sign Maintenance Enforcement

1. All signs within the City shall be maintained in a safe condition and in such a manner that they shall not become a visual detriment to the community at large. The designated official shall be charged with the responsibility and authority to inspect all signs within the City and direct the maintenance of said signs. Maintenance of signs is defined as keeping sign structures in a safe condition, free of rust, with broken glass or plastic replaced, electrical lights and other electrical operations in operable condition, letters and other sign components in the equivalent condition as on the sign permit or as approved.

2. Should the City find a non-maintained sign as defined above, it shall cause the owner of said sign to be notified as to the deficiency and the corrective action that needs to be taken.

3. Should the owner fail to exhibit evidence of compliance within thirty (30) days after the mailing of the letter of notification, the City shall cause the owner to be cited for violation of this regulation.

D. Painted Sign Maintenance

All painted sign components shall be maintained in good condition and free of rust or corrosion. Paint shall not be allowed to peel, flake, crack or chip. Sign supports and structural components shall be painted, unless the same are galvanized, non-ferrous, or otherwise treated to prevent rust.

E. The City may, whenever it is necessary to enforce any provisions of the Article, inspect signs to ensure compliance with the requirements of this article or whenever there is reasonable cause to believe there exists a violation of this article. No person may refuse entry or access to a site of a permitted or registered sign to any authorized representative of the City who provides proper credentials and requires entry for the purpose of conducting an inspection. In addition, no person may obstruct, hamper, or interfere with representatives of the City while in the process of carrying out their official duties.

8.16. Nonconforming Signs

A. All permanent signs legally existing at the time of passage of these regulations may remain in use under the conditions of legal non-conformance. Sign maintenance, sign repair, and changing of permanent sign faces is allowed so long as no structural alterations are made.

B. All temporary signs legally existing at the time of passage of these regulations that are non-conforming due to the passage of these regulations shall be removed within sixty (60) days from the approval of these regulations.

8.17. Removal of Nonconforming Signs

A. All nonconforming signs not otherwise prohibited by the provisions of this article shall be removed or shall be altered to conform to the provisions of this regulation when:

1. The nature of the business conducted on the premises changes and the sign is changed or modified either in shape, size, or legend;

2. The name of the business changes and the sign is changed or modified either in shape, size, or legend;

3. A principal structure is destroyed or removed due to natural or man-made circumstances, unless a building permit has been issued to replace the structure within ninety (90) days;

4. The sign is damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of damage; or

5. The building or use to which the sign applies is vacated, abandoned, or otherwise dormant for a period of more than twelve (12) months.

B. All nonconforming signs required to be removed by these regulations shall be removed within ninety (90) days of notification by the City.

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