SIGN ORDINANCE
ORDINANCE NUMBER 06-11-16
AN ORDINANCE TO AMEND THE OLIVER
SPRINGS ZONING ORDINANCE BY ADDING
SECTION 11-205, SIGNS, TO CHAPTER 2, ZONING
REGULATIONS AND AMENDING THE APPENDIX
BY INCLUDING ADDITIONAL DEFINITIONS
WHEREAS, The Oliver Springs Town Council, in accordance with Section 13-7-
204 of the Tennessee Code Annotated, may amend the zoning ordinance; and
WHEREAS, the Oliver Springs Municipal Planning Commission has reviewed and recommends the adoptions of the attached proposed regulations governing sign uses.
BE IT RESOLVED BY THE OLIVER SPRINGS TOWN COUNCIL:
SECTION 1. That Chapter 2, Zoning Regulations, shall be amended by deleting, in its entirety, Municipal Code 11-204 (10) Signs, Billboards, and Other Advertising Structures, as amended by Resolution 94-05-01 dated September 1, 1994.
SECTION 2. This ordinance amending the “Sign Regulations” is hereby adopted as Chapter 2, “Oliver Springs Municipal Zoning Regulations,” Section 205 of the “Oliver Springs Zoning Ordinance.”
11-205. Signs.
A. Purpose. It is the purpose of this section to establish reasonable and impartial regulations for the location of signs within the zoning districts of the community. To achieve a more aesthetically desirable environment through flexible and diversified standards that provide for adequate light, air, and open spaces and a reduction in congestion and hazardous conditions within the town. Therefore, all new and non-conforming signs erected, constructed, relocatedor placed upon any property or building within the town shall conform to the provisions of this section.
B. Signs Requiring a Permit.
1. Residential Districts.
a. For subdivisions, PUD’s (including multi-family developments), and mobile home parks, one (1) permanent identification/entrance sign, not to exceed twenty (20) square feet in area nor six (6) feet in height, is permitted. Individual buildings within a PUD may have one (1) identification sign not exceeding nine (9) square feet in area.
b. While under development a subdivision, PUD or a mobile home park, may have one (1) temporary sign, not exceeding twenty (20) square feet in area nor six (6) feet in height. Such sign is permitted in addition to any permanent identificationsign, but shall be removed after two (2) years or when ninety (90) percent of the project is sold, whichever occurs first.
2. Business Districts.
a. Shopping centers, malls, and commercial PUD’s shall be limited to one (1) major directory sign, not to exceed one hundred and fifty (150) square feet in area and each business within such developments shall be limited to one (1) wall sign containing no more than one (1) square foot of area per linear foot of wall which faces a public street and/or customer parking area. Separate businesses on out parcels with public road frontage developed or marketed along with a shopping center, mall or commercial PUD, may have one (1) ground sign and/or one (1) pole sign and one (1) wall sign not exceeding the general provisions set out in Section 11-205.C. Entrance and exit signs shall not be included when determining total square footage of sign area.
b. Except as provided for in Sections 11-205.C.5. the maximum sign area permitted per business, shall not exceed one hundred and fifty (150) square feet.
c. Temporary Portable Signs. Portable signs may be used to announce the grand opening of a new business, or the closing of an existing business, but in no event, shall such signs remain more than thirty (30) days. These signs shall be limited to thirty-two (32) square feet in size.
3. Industrial Districts.
a. In industrial PUD’s or buildings housing more than one establishment, each establishment may have one (1) ground sign per establishment not to exceed one hundred and fifty (150) square feet and a wall or other type of sign so long as the total sign area for each establishment does not exceed one hundred and fifty (150) square feet.
b. Maximum sign area permitted for separate establishments on individual lots located outside a PUD, shall be one hundred and fifty (150) square feet per separate industrial establishment; except that no ground sign or wall sign shall be greater than one hundred and fifty (150) square feet in area.
c. Industrial park entrance signs shall be limited to one (1) major directory sign not to exceed two hundred (200) square feet or twenty-five (25) feet in height.
C. General Provisions.
1. Plans Required. The building official shall be provided with plans and specifications identifying the location, type, and design of any sign that requires a permit under the provisions of this section.
2. Setback. No part of any sign shall be placed within any right-of-way and shall be set back a minimum of five (5) feet from all property lines.
3. Height. No part of any sign shall exceed twenty-five (25) feet in height.
4. Number of Signs. No business shall have more than two (2) signs, but not two (2) signs of the same type; except that on lots which extend between parallel streets, businesses may have three (3) signs, two (2) of which may be of the same type provided they do not front on the same parallel street. Entrance and exit signs shall not be included in the total number of signs allowed.
5. Size.
a. Ground-mounted. One (1) sign per each street on which the lot, parcel, or tract fronts, not to exceed thirty-two (32) square feet in area, six (6) feet in height, and is set back a minimum of five (5) feet from all property lines.
b. Pole Signs. One (1) sign per each street on which the lot, parcel, or tract fronts, not to exceed thirty-two (32) square feet in area, twenty-five (25) feet in height, and is set back a minimum of five (5) feet from all property lines.
c. Wall Signs. Wall signs shall be limited to the side of a building, which fronts upon a public street or faces upon a customer parking area. There shall be a maximum of one (1) wall sign per business, unless a business fronts on more than one street, in which case a wall sign may be permitted on each street frontage. Such wall signs are permitted a total area of one (1) square foot per each linear foot of building wall upon which the sign is mounted, not to exceed three hundred and fifty (350) square feet.
D. Exempt Signs. The following types of signs are permitted in all districts, subject to the conditions set out below and other applicable provisions of this ordinance. Such signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this title. The exemption shall apply to the requirement for a sign permit under this section.
1. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes.
2. Government Signs. Signs placed or erected by governmental agencies for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, signs of public service companies indicating danger, and aids to service and safety which are erected by, or for the order of government.
3. Holiday Decorations. Noncommercial decorations displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in safe condition and do not constitute a fire hazard. Decorations must be removed, or cease to be used, within 30 days following the holiday/event to which they relate.
4. Political Campaign Signs. All campaign signs may be erected on private property no more than thirty (30) days prior to the election. The property owner shall remove all campaign signs within seven (7) days after the results of an election are certified
5. Preventive Maintenance. The ordinary preventative maintenance of a lawfully existing sign which does not involve a change of placement, size, lighting, color or height.
6. Public Notices. Official government notices and legal notices.
7. Real Estate Sale/Lease Signs. Except as provided in Section 11-205.B. signs up to a total area of six (6) square feet in residential zones or up to total area of thirty-two (32) square feet in commercial and industrial zones, advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed are permitted. Such signs shall be removed within fourteen (14) days of the sale, rental or lease.
8. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity.
9. Residential Name/Address Signs. For each single family dwelling unit, one (1) nameplate indicating name, address, house number, home occupation, or an announcement of space for boarders or roomers if applicable, limited to four (4) square feet in area, is permitted.
E. Prohibited Signs.
1. Billboards and other Off-premise Signs. Billboards and off-premise signs, other than those signs that are city owned directional signs, are prohibited.
2. Flashing signs. Signs with lights or illuminations, which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations.
3. Moving Signs. Signs with visible moving, revolving, rotation parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes.
4. Portable signs, except as permitted under Section B.2.c.
5. Freestanding signs, which are not securely affixed to the ground, or otherwise affixed in a permanent manner to an approved supporting structure.
6. Sandwich Board, Sidewalk and/or Curb Signs.
7. Signs in any residential districts, which are internally illuminated.
8. Signs on public property including utility poles except those erected by an authorized public entity.
9. All signs which are not expressly permitted by this ordinance or any other ordinance of the city.
F. Administration.
1. Permit Required. It shall be unlawful to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign permit from the building official who is the sign administrator.
2. Application. Each person erecting, replacing, expanding, or relocating a sign shall make application for a sign permit. A permit shall be required for each sign, except where specifically exempted in this ordinance. A sign permit shall be in addition to a building permit.
a. Applicants for a sign permit shall submit a construction plan and a site plan with each application for a permit. The plans shall show the location of the proposed sign in relationship to property lines, right-of-way, flood hazard area and similar features, county tax map location, and specifications identifying the type and design of any sign.
b. For signs related to new buildings and uses which require site plan review by the planning commission, the sign site plan shall be included as part of the general site plan, but will not exempt the applicant from submitting sign construction plans to the building official prior to issuance of a sign permit.
c. The sign administrator may issue permits for signs meeting the provisions of this ordinance and any town building and electrical codes in force, except that, the sign administrator shall not issue permits for signs within a public right-of-way, as set out in this ordinance.
d. The sign administrator shall inspect, at any time he/she deems necessary, each sign regulated by this section to insure that such sign conforms to this section and all other ordinances of the town.
e. Signs existing on the effective date of this amendment shall be issued a sign permit within three months of such date by the building inspector. Sign permits shall be displayed on the premises in a location that is easily visible to the building inspector.
a. Every sign shall be constructed, maintained, and located in a manner that meets acceptable safety standards. The building official, using national, state or other recommended and documented standards shall determine safety compliance.
3. Approval. It shall be unlawful for any person to erect any sign requiring a permit without first complying with all the following requirements, unless hereafter excepted.
a. Completion of the sign permit application.
b. Site plan approval from the planning commission if part of a general site plan.
c. Approval of the sign administrator.
d. Issuance of a sign permit which shall be kept on display on the premises.
e. A sign permit shall become expired if erection is not commenced within one hundred and eighty (180) days of issuance.
SECTION 3. That the Oliver Springs Zoning Ordinance, Appendix VI, Definitions, be amended by adding the following in subsequent order:
Erect. To assemble, build construct, and install, place, raise, suspend, affix, paint, or in any way bring into being.
Mall. Mall, shopping center, Planned Unit Development, arcade, or any multi-tenant building on a single parcel of property which is internally separated or segregated into individual shops or similar subdivisions, each of which is, or appears to be, a separate and distinct business or function.
Multi-tenant Building. Two or more retail stores, rental living units and/or service establishments or any combination thereof, sharing common customer entries and areas, regardless of whether said stores, rental living units and/or establishments occupy separate structures or are under separate ownership. In the event two or more businesses occupy the same area, they shall be considered as a single tenant or business with regards to the total allowable signage.
Premises. The “premises” is the entire, single parcel of property occupied. In the case of malls, shopping centers, and multi-tenant buildings, the “premises” for each of the various businesses or functions is limited to the space occupied or directly connected to and associated with that particular business or function, exclusive of common areas.
Sign Administrator. The Town building official or his/her designated agent.
Sign. Any display, graphic, image, device, structure, or structure extension, to include banners and other attractions created by electronics, lasers, construction, sculpturing, painting, or other means, that has as its primary function and intent, purpose, or effect, the identification of an activity, event, product, or person, and the attraction or public attention to, or the promotion of, such service, facility, place, product, person, or business, whether for profit or not.
Sign, Advertisement. A sign that has as its primary function and intent, purpose, or effect, the attraction of public attention to or the promotion and marketing of, an activity, a facility, a product, a place, a business, or a service.
Sign, Area. The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure.
Sign, Banner, Pennant, Flags. Signs of lightweight fabric intended to convey a message or attract attention.
Sign, Billboard. An off-premise advertisement sign intended for periodic message rotation and is often sold or leased as advertising space.
Sign, Business. A sign that directs attention to a business of profession conducted on the premises.
Sign, Canopy. A sign that is part of or attached to an awning, canopy, etc., or structural protective cover over a door, window, or outdoor service area.
Sign, Directional. A sign located on public property as approved by the Board of Commissioners, which designates a definable area, business area, or community.
Sign, Ground. A sign erected on a freestanding frame and not attached to any building. Such signs may be two-sided provided that both sides cannot be seen simultaneously from any point.
Sign, Identification. A sign intended primarily for the purpose of identifying the location
and/or occupants of a site.
Sign, Off-Premises. A sign promoting or advertising products, items, services, and/or
activities available at a site other than that of the sign.
Sign, On Premises. A sign promoting or advertising products, items, services, and/or
activities available at the location of the sign.
Sign, Pole. Pole signs are supported by a pole(s) and the actual sign does not contact the ground.
Sign, Portable. Any sign that is not affixed to a building, structure, or the ground, usually
mounted on wheels and not permanently erected.
Sign, Projecting. A sign attached perpendicular to a building or the wall of a structure.
Sign, Roof. A sign attached to and/or painted on or over a building or structure roof.
Sign, Sandwich. An advertising device which is ordinarily in the shape of an “A” or
some variation thereof, on the ground, easily moveable, and which is usually two sided.
Sign, Special Event. A sign pertaining to a special event.
Sign, Suspended. A sign suspended from the underside of a horizontal plane surface and
is supported by such surface.
Sign, Temporary. Any sign permitted as a temporary sign and all signs normally
considered or designed to be used for limited duration, such as portable and moveable
signs, signs painted or mounted on vehicles, real estate and development location
promotion signs, special sales, yard sales, and other events.
Sign, Wall. Any sign that is attached to, painted on, or in some other way uses a wall or
roof for support, except for projecting signs which are attached to a wall surface and
extend perpendicularly therefrom.
Special Event. An activity or circumstance of a business or organization which is not part of its normal daily activities and occurs uninterrupted for a specified period of time not to exceed 10 days.
SECTION 4. This ordinance shall take effect after the required public hearing and upon final passage by this council.
PLANNING COMMISSION CERTIFICATION
_____________________ _____________________ _______________
CHAIRMAN SECRETARY DATE
Planning CommissionRecommends: Approval: x___________ Denial: _______________ Reason Denied: ______________________ ______________________
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Requested By: City Attorney Review: PUBLIC HEARING INFORMATION: TOWN COUNCIL ACTION: Approved: November 16, 2006 |