Fayette Regulations Regarding Signs ordinance (§ 405.340)

A. Regulations regarding signs shall be as follows:

1. In any "R" District, there may be a nameplate not exceeding nine (9) square feet in area attached to the wall at the entrance to be lighted only with indirect non-intermittent light.

2. In the "B-1" District, there may be signs displayed in accordance with the following regulations:

a. General Regulations.

(1) Permit Required. Except as otherwise stated in the exemptions Section set out below, any person erecting, installing, constructing or structurally altering a sign in the City of Fayette in the "B-1" District must obtain a sign permit from the City of Fayette. Applications for a sign permit shall be made on a form approved by the City of Fayette.

(2) Inspections. Any sign for which a permit has been issued may be inspected periodically by the City of Fayette for compliance with the Code of Ordinances of the City of Fayette. During construction phase, the owner or his/her designee is required to schedule all appropriate inspections in a timely manner as needed.

(3) Maintenance Of Signs. All signs and components thereof shall be maintained in good repair and in a safe, neat, clean and attractive condition and shall be refurbished often enough to be clearly legible.

b. General Design Issues.

(1) Projecting Signs. Projecting wall signs that give the name of the business or the logo of the business or product sold such as a watch for a jeweler or a drug company logo. These signs should have the following characteristics:

(a) Material. Unframed painted wood or metal panels hung from painted metal wall brackets. Wood signs with carved or sandblasted designs that are painted are also appropriate.

(b) Lighting. Shall be non-illuminated or externally illuminated with spotlights.

(c) Location. Bottom of sign eight (8) feet zero (0) inches above the sidewalk and below the building parapet or the second floor windows.

(2) Wall Signs/Wall Murals. Wall signs are painted signs located in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront where one exists. Wall murals are painted signs on the sides of the buildings. The old faded signs on the sides of the buildings are commonly called "ghost sign" and should be preserved where possible. Wall signs should have the following characteristics:

(a) Material. Painted on brick wall or on wood or metal panels or composite materials.

(b) Lighting. Shall be non-illuminated or externally illuminated with spotlights.

(c) Location. Appropriate locations for wall signage on buildings with more than one (1) story shall be in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront where one exists. Wall signs should be located on flat, unadorned parts of the building facade, somewhere above storefront display windows (where they exist) and below second-story windows (where they exist). If the building facade or storefront has a lintel strip, the wall sign should be placed directly on it. Wall signs should be located centrally on the facade. They should not protrude more than six (6) inches from the facade.

(3) Window/Door Signs. Painted or foiled lettering on the display window glass or door glass. These often advertised a doctor, dentist or attorney. Window signs should have the following characteristics:

(a) Material. Painted or foiled lettering.

(b) Lighting. Natural lighting or the inside lights of the building.

(c) Location. On the glass of the entry door or the display window at eye level.

(4) Awning And Canopy Signs. Lettering on the front of a fabric awning or a painted sign hung from the underside of a fixed canopy. Awning or canopy signs should have the following characteristics:

(a) Material. Lettering silk screened on awning fabric or painted on wood or metal sign panels.

(b) Lighting. Natural lighting on the awning sign. Hung sign panels could be illuminated with external spotlights.

(c) Location. Six-inch to eight-inch high lettering on the front valance of a fabric awning or a hung sign panel. These panels should be a maximum of twelve (12) inches high. Awning and canopy signs shall have a ground clearance of no less than eight (8) feet above the ground elevation.

(5) Sidewalk Signage. Symbolic signage, such as barber poles, are permitted. Movable sandwich signs, also called A-frame signs, are permitted with one per business or establishment. Sidewalk signage should have the following characteristics:

(a) Material. Painted wood or metal.

(b) Lighting. Natural illumination. Do not internally illuminate.

(c) Location. Shall be temporarily placed on the ground in front of the business or on the corners of the blocks in which the business is located, at the street edge of the sidewalk or at the building face. These signs should be portable so that they can be taken inside.

(6) Permanent Principal Use Ground Signs. Ground signs shall only be permitted in the front yard of properties containing a detached, residential building that has been converted to office, retail, service, or commercial use, and/or a commercially designed building with a landscaped front yard area. Permanent principal use ground signs shall have the following characteristics:

(a) Material. Painted wood or metal supported by two (2) wooden or metal posts, no less than four (4) inches by four (4) inches. However, single post signs, if deemed more compatible with the building, property, and/or surroundings may be allowed.

(b) Lighting. Natural illumination or externally illuminated with spotlights directed at the sign.

(c) Location. No more than two (2) ground signs shall be permitted per property. No ground sign shall exceed an area of thirty-two (32) square feet per sign face. This shall be considered the principal sign. If two (2) signs are erected, the second sign shall be no larger than eight (8) square feet in area. The second sign shall be considered an auxiliary sign.

c. Number And Area Of Signs.

(1) Principal Business Signs. Signs that identify the name and nature of the principal business are limited to two (2) per building storefront. These signs could be any combination of the sign types discussed above.

(2) Auxiliary Signs. In addition, each business may have a sign stating hours of business and an "open" sign. These should be limited to two (2) square feet each. The "open" sign may be internally lighted.

(3) Sign Area. The aggregate area of any principal signs shall not exceed one hundred (100) square feet. Where buildings with front wall area of one thousand (1,000) square feet or less, the aggregate sign area should not exceed approximately ten percent (10%) of the front wall area.

(4) Lettering Size. The size of lettering on any sign type should not exceed eighteen (18) inches high.

d. Signs Not Permitted.

(1) Flashing or animated signs with moving parts or the effect of movement or vary in intensity of color.

(2) Internally illuminates signs except signs indicating the business is "open."

(3) Signs that make sounds or music.

(4) No phosphorescent or reflective paint shall be used in any sign face or sign structure.

e. Appeals And Variance.

(1) In the case of a request for a variance to the sign ordinance as it pertains to the "B-1" District, the applicant must request that the Board of Adjustment review the application and issue its recommendation to the Board of Aldermen. The Board of Aldermen then shall, after giving the applicant an opportunity to be heard, render the final decision on the variance application.

(2) Conditioning Of Variance. The Board of Adjustment may recommend and the Board of Aldermen may make any variance granted herein be subject to any conditions that it deems necessary or desirable to make the device that is permitted by the variance compatible with the other purposes of this Section.

(3) Expiration Of Unused Variance. All variances shall expire six (6) months from the date of issuance if not used within that time period.

f. Non-Conforming Signs. Where a lawful sign exists at the effective date of adoption or amendment of this Article that would be illegal under the terms of this Article, such sign may be continued until such time that the business it advertises has been discontinued for a period of twelve (12) months. At that time, the use of the sign shall be deemed to have been abandoned. Abandoned signs and sign structures shall be removed or brought into conformation with the provisions of this Article and any other applicable provisions of the Code of Ordinances by the sign, business or property owner within thirty (30) days of receiving notice by the City.

g. Exemptions. Notwithstanding the foregoing provisions, the following signs shall be permitted in the "B-1" District:

(1) Government building signs erected on a municipal, county, state or federal building.

(2) Temporary signs indicating "For Rent," or "For Sale" or "For Lease" on any property which are removed within thirty (30) days of sale, rental or lease.

(3) Political signs removed within thirty (30) days after the election for which they were made.

3. In the "B-2" District, there may be signs displayed in accordance with the following regulations:

a. Signs shall contain only the name of the business establishment or the principal business conducted on the premises, motto, slogan, insignia or combination thereof.

b. Signs painted on a vertical surface of the building or attached thereto.

c. Signs shall not project above the principal roof of a building except that a sign may be attached flat against or painted on a parapet wall which does not extend more than three (3) feet above such roofline.

d. The aggregate gross area in square feet of all signs on a lot shall not exceed the number of lineal feet of frontage of such lot and in no case shall it exceed a total of three (3) square feet per foot of frontage, except on corners two (2) square feet per foot frontage.

e. When any such sign is illuminated, the light or lights shall be shaded or concealed or shine indirectly on residential property located in any residential district; illumination of such signs shall not be flashed and no sign simulating movement shall be permitted.

f. Gasoline filling stations may have one (1) double-faced freestanding sign not over twelve (12) inches in thickness on which shall be advertised only the trade name of the product offered for sale; the area of a double-faced sign shall be the area of one (1) face of the sign and be included as a part of the permitted area. Said sign shall not constitute a traffic hazard as determined by the City Engineer.

4. In the "I" District there may be any advertising sign or billboard.

5. Any home business properly licensed under the Code of Ordinances may erect one (1) sign, which shall be an unanimated, non-illuminated, flat or window sign having an area of not more than nine (9) square feet and shall be attached flat to the building or window.

6. No person, except a public officer or any employee in the performance of a public duty, shall fasten any sign or notice or any kind on any curbstone, lamppost, pole, street or sidewalk surface, bridge or tree upon a public street. This prohibition is not to be construed as prohibiting signs or notices indicating danger or aides to service or safety, or subdivision identification signs which are to be erected with the written permission of the City Administrator. This prohibition includes, but is not limited to, advertisement, announcements of buildings or land for sale or rent, garage sales, private picnics and election campaign posters.

7. Penalty. Any person who shall violate any provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as provided for in Chapter 100, Article III, of this Code. Every day a violation of this Article shall continue shall constitute a separate offense.