§ 42-7. Prohibited signs.

The following signs are expressly prohibited and cannot be constructed or retained in any zoning district unless otherwise exempted or expressly authorized by this chapter. Certain of these signs are further defined in section 42-3.

(1)

Obscene signs. A sign must not contain statements, words, depictions or pictures of an obscene or indecent character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literacy, artistic, or scientific value based upon prevailing community standards.

(2)

Roof signs. Any roof sign whose height exceeds the top of the roof of any structure.

(3)

Obstructive signs. Any sign that presents safety, traffic or pedestrian hazard including signs placed in a location that obstructs the view of traffic signs, traffic signals, oncoming traffic, pedestrians, or in any way interferes with the placement or function of any traffic control device as determined by the appropriate transportation jurisdiction. Neither shall any sign obstruct free ingress to or egress from a required door, window, fire escaped or other required exit-way.

(4)

Unsafe signs. Signs that violate the building code or electrical code, or are determined by the town planner/zoning administrator or his designee to create a safety hazard due to improper bracing, structural or electrical conditions, or by reason of inadequate maintenance. A sign that has become unsafe after erection must be repaired to meet safety requirements or removed within 30 days of notice of the unsafe condition.

(5)

Moving sign. Permanent or temporary moving signs, windblown signs or devices to attract attention, all or part of which move by any means, including fluttering, rotating or otherwise moving devices, set in motion by movement of the atmosphere or by mechanical, electrical or other means, including but not limited to, flags, pennants, posters, propellers, discs, ribbons, streamers, strings of light bulbs, spinners, moving, fluttering or revolving devices, regardless of whether they contain written messages except for governmental traffic devices and signs.

(6)

Signs in the public right-of-way or on public property. Signs erected in or over public property, without the permission of the appropriate public authority (such as private utility poles, rights-of-way, easements, parks, streets and other public properties) located on public property, other than signs erected by public utilities or authorities for official public purposes.

(7)

Attached to the property of others. Signs attached or affixed to a structure or property such as a fence, wall, antennas, other signs trees or other vegetation, or to any public structure such as a utility pole without permission of the owner.

(8)

Abandoned or obsolete signs. Any sign, including the structural supports and electrical connections, which were legally erected as a location sign, is abandoned if the building has not been used for three months or more, or is obsolete if the business referenced on the sign relocates. A temporary sign at a seasonal site is abandoned or obsolete only if the site remains unused for 12 months. Sign structures no longer containing signs or sign copy are considered abandoned.

(9)

Off-site signs. Except as otherwise permitted by this chapter, off-site signs that contain messages not related to the site, or advertise goods, products, services, or facilities not available or located on the site, or direct persons to a different location from where the sign is installed.

(10)

Flashing signs. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, to include animated signs and automatic changeable message, except for electronic message boards and time and temperature signs as set forth in this chapter. Electronic message boards may not have flashing elements.

(11)

Portable signs. Portable Signs, except those listed in section 42-6 (e)(2), Temporary signs, including any signs displayed on vehicles or towed, and usually parked in public places or on private property primarily for the purpose of public display rather than serve the business of the location in accordance with the use of the vehicle or conveyance.

(12)

Deceptive signs. Nongovernmental signs that use the words "stop," "look," "danger" or any similar word, phrase, or symbol, or which is a copy or imitation of an official sign that resembles any official sign or marker erected by any governmental agency or that by reason of position, shape or color, would conflict with the proper functioning of any traffic sign or signal or be of a size, location, movement, content, color or illumination that may be reasonably confused with or construed as, or conceal a traffic control device.

(13)

Emitting signs. Signs which emit audible sound, odor or visible matter, such as smoke or steam.

(14)

Signs in violation of state law. Signs violating any provision of any law of the state relative to outdoor advertising.

(15)

Snipe signs. Snipe signs are prohibited.

(16)

Vehicle signs. Vehicle signs with a total sign area on any vehicle in excess of ten square feet, when the vehicle:

a.

Is parked for more than 60 consecutive minutes within 100 feet of any street right-of-way;

b.

Is visible from the street right-of-way that the vehicle is within 100 feet of; and

c.

Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of the business.

(17)

Nonconforming signs. Except as otherwise provided, any nonconforming sign or un-permitted sign under this or any prior town ordinance, including billboards, whose "grandfathered" status expired under any prior town ordinance, and has not been made conforming by operation of this chapter.

(18)

Towed signs. Any sign on or towed behind an automobile, truck, motorcycle, boat, raft, aircraft or helicopter.

(19)

Inflatable signs. Inflatable signs, except as part of a seasonal display.

(20)

Any other sign not described or enumerated. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this chapter.

(21)

Carried signs. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events.

(22)

Billboards.

(Ord. No. 2010-11-13, 5-23-2011)