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ORDINANCE NO. i'2
AN ORDINANCE AMENDING ORDINANCE NO. 557, THE
ZONING ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA
BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE,ALABAMA,
THAT ORDINANCE NO.557 BE AND THE SAME IS HEREBY AMENDED,
AS FOLLOWS:
Section 2.2 is amended by addition of the following
terms and definitions:
2.2.037 Building Official: The Building Official of the City
of Fairhope who is appointed the Zoning Officer and
is charged with enforcement of this Ordinance.
2.2.073 Canopy: An awning or similar structure.
2.2.158 Frontage, Building: The outside wall surface of a
building, excluding porch or deck, nearest to the front
lot line. For the purpose of this ordinance "Lot
"Line" shall mean the lot line which abuts a street
or separates the lot from a street, or another lot.
2.2.159 Frontage: The length of the property line of any one
premise along a street on which it abuts.
2.2.301 Kiosk: A small, light structure open on one or more
sides for displaying information.
2.2.371 Marquee: A permanent covered structure projecting
from and supported by a building when such covered
structure extends beyond the building alignment or
the property line.
2.2.545 Sign: Any words, lettering, parts of letters, figures,
numerals, phrases, sentences, emblems, devices,
designs, trade names or marks or combinations thereof,
by which anything is make known, such as the designa-
tion of an individual, a firm, an association, a
profession, a business, a commodity, or product
which are visible from any public way and/or used
as an outdoor display.
Sign, Animated: For purposes of this ordinance, an an -
imitated sign is any sign displaying movement of
lights, border, arrows, components, streamers, foil,
inflatables or any other regular or cyclical movement,
however achieved.
Sign, Changeable Copy: A sign with characters, letters
or illustrations affixed thereto or thereon, by any
1
2.2.545 Continued
method or means whatsoever, that can be changed, re-
arranged, or altered without changing the face of the
sign.
Sign, Construction: Any sign listing principal con-
tractors, architects, and any establishments for the
construction site where the sign is placed.
Sign, Copy: The wording on a sign surface in either
permanent or removable letter form.
Sign, Development: See Sign,Construction.
Sign, Directional: A sign permanently or temporarily
erected by or with approval of any authorized govern-
ment agency to denote the route to any city, town,
village, historic or religious place, shrine, public
building, or hospital and signs directing and regula-
ting traffic; public safety signs; sign or notices of
places of public and civic meetings and signs giving
the name of the owner, lessee, or occupant of the
premises or the street number.
Sign, Double-faced: A sign having two (2) display
surfaces, displaying the same copy, which are attached
parallel, and back to back, not more than twelve (12)
inches apart.
Sign Erection: The act of posting, affixing or in-
stalling any sign which is attached to or requires
a location upon the ground or any building or structure.
Sign Face: The area of a sign on which the copy is
placed.
Sign, Flashing: Time and temperature announcements,
excluding other advertising copy, are not deemed to
be flashing or intermittent illuminating signs.
Sign, Ground: Any sign which is supported by structures
or supports in or upon the ground and independent
of support from any building.
Sign Height: The vertical distance from the finished
grade at the base of the supporting structure to
the top of the sign, or its frame or supporting
structure, whichever is higher.
Sign Identification Tag: A tag required to be affixed
to the sign or sign frame by the sign contractor and
displaying the sign number, date of installation
and the name, address and telephone number of the sign
contractor or erector.
Sign, Illuminated: A sign designed or arranged
to reflect light from an artificial source.
Sign, Indirectly Illuminated: A sign illuminated with
a light directed primarily toward such sign, in-
cluding back lighted signs, and so shielded that
no direct rays from the light are visible.
Sign, Internally Illuminated: A light source which
is enclosed within the sign and viewed through a
translucent panel. This type of illumination is
often referred to as direct.
Sign, Mansard: Any sign attached to a mansard -type
roof with sloping sides will for the purpose of this
ordinance be considered a wall sign.
Sign, Non -Conforming: Any sign, which does not meet
the requirements of this ordinance.
Sign Number: The serial number of the permit issued
for installing or erecting a sign, said number be in-
cluded on the identification tag furnished by the
sign contractor.
Sign, Off Site: A Sign relating its subject matter
or any protion thereof to the premises other than the
premises on which it is located.
Sign, On Site: A sign relating its subject matter
to the premises on which it is located.
Sign, Outdoor Advertising: Any sign for which a permit
for erection or display is required by this ordinance
shall be deemed an outdoor advertising sign; any such
sign visible from the exterior of any building in-
cluding window signs.
Sign, Painted Wall: Any sign painted directly on the
surface of a structure.
Sign, Permanent: A sign affixed to a building or the
ground.
Sign, Political: A sign identifying and urging voter
support for or opposition to a particular issue,
political party, or candidate for public office.
Sign, Portable: A sign which is designed to be moved
from one place to another.
3
Sign, Projecting: Any sign other than a wall sign, any
part of w is extends beyond the building or wall;
a prohibited sign for purposes of this ordinance.
Sign, Promotional:
1. A sign designed and intended to promote the
sale of land or buildings.
2. A sign to advertise the opening of a business,
special promotions or similar events.
Sign, Real Estate: A sign which advertises the sale,
rental or development of the premise upon which it is
located.
Sign, Revolving: Any sign erected or constructed so as
to rotate.
Sign, Roof: Any sign erected, constructed, and
maintained with the principal support on the roof
structure.
Sign, Sandwich: Any double-faced sign, which may
readily be moved from place to place.
Sign, Shopping Center: A ground sign identifying a
shopping center as defined herein, by name only;
a wall sign located on a store within the shopping
center to identify the tenant therein.
Sign, Snipe: Any sign of any material whatsoever
that is attached in any way to a utility pole,
tree, fence post, or any similar object located or
situated on public or private property, not otherwise
exempt.
Sign Structure: Any construction used or designed
to support a sign.
Sign, Subdivision: Any sign designed to identify a
subdivision or neighborhood.
Sign, Surface Area: The surface area of a sign shall
be computed for the entire area within the periphery
of a regular geometric form, or combination of
regular geometric forms, comprising all of the
display area of the sign, and including all of
the elements of the matter displayed. The
surface area of a sign shall be measured from
the outside edges of the sign or the sign frame
or sign structure whichever is greater.
Sign, Temporary: A sign or advertising display
intended to be displayed for a limited period of
time.
4
Sign, Wall: A sign entirely attached against the
wall of uilding or the slope of a mansard -type roof.
Sign, Window: Any sign placed inside or upon a
window and which is intended to be seen from the
exterior.
2.2.550 Shopping Center: A group of retail and service estab-
lishments on the ground floor and located on commonly
owned property, or sharing the same parking facilities.
2.2.551 Sight Triangle: An area adjacent to street intersec-
tions maintained clear of visual obstructions; a tri-
angle so constructed that two sides thereof are super-
imposed upon the intersecting street centerlines
for a distance of 150 feet back from the point of
intersection of the centerlines, the third and
closing side terminating at the respective points
150 feet from the point of centerline intersection.
2.2.552 Street: A public or private right-of-way for vehicular
and pedestrian traffic.
2.2.760 Zoning Enforcement Officer: The Building Official of
the,City who is charged with enforcement of the
provisions of this ordinance.
Section 7.8 is hereby repealed and amended as follows:
7.8 Signs
7.81 General Provisions: The provisions of this Section shall
govern the location, size, setback and height of signs
in each of the use districts established in this Ordin-
ance in order to insure safe construction, light, air,
and open space, to reduce hazards at intersections,
to prevent the accumulation of trash, and to protect
property values of the entire community.
7.82 Permits and Inspections
7.821 Permits required. Except as otherwise provided
in this article, it shall be unlawful to erect,
alter or relocate any sign without first obtain-
ing a sign permit. When a sign permit has been
issued, it shall be unlawful to change, modify
alter or otherwise deviate from the terms or con-
ditions of said permit without prior approval
of the Building Inspector. A written record
of such approval shall be entered upon the
5
7.821 Continued
original permit application and maintained in
the files of the Building Inspector. The follow-
ing activity shall not require a sign permit:
The changing of advertising copy or message
on signs which are specifically designed for
the use of replaceable copy.
7.822 Application. In order to obtain a permit to
erect, alter or relocate any sign under the
provisions of this article, an applicant there-
for shall submit to the Building Inspector a
sign permit application which shall set forth
in writing a complete description of the proposed
sign including:
(1) The name, address, and telephone number of
the land owner or persons entitled to
possession of the sign and of the sign
contractor or erector.
(2) The location by street address and legal
description of the site of the proposed sign
structure.
(3) Complete information as required on
application forms provided by the Building
Inspector, including a site plan and
elevation drawings of the proposed sign,
caption of the proposed sign (for identi-
fication purposes only), such other data
as is pertinent to the application.
(4) Plans indicating the scope and structural
detail of the work to be done, including
details of all connections, guy lines,
supports and footings, and materials to be
used.
(5) Application, and required information for
such application, for an electric permit
for all electric signs if the person erect-
ing the sign is to make the electrical con-
nection.
Each application shall contain an agreement to
indemnify and hold the city harmless for all
damages, demands or expenses of every character
which may in any manner be caused by the sign or
sign structure. Each applicant shall present
11
7.822 Continued
to the Building Inspector on request a certificate
of liability insurance prior to the issuance of
a sign permit. The Building Inspector shall act
upon an application for a permit with plans as
filed, or as amended, without unreasonable or
unnecessary delay.
7.823 Signs required to be certified by a registered
engineer. The following signs shall, when required
by the Building Official, be designed, signed and
certified by an Alabama registered engineer, who
shall submit sufficient data to enable the Building
Inspector to determine whether the sign complies
with all applicable codes and ordinances.
(1) Ground signs over fifty (50) square
feet in area.
(2) All signs with unusual structural features.
7.824 Issuance of permit if application in order.
It shall be the duty of the Building Inspector,
upon receipt of a completed application for a
sign permit to examine such plans and specifi-
cations and other data, and, if the proposed
structure is in compliance with the require-
ments of this article and all other applicable
provisions of this Code, to issue to the applicant
a written permit evidencing the applicant's com-
pliance therewith. Issuance of the permit shall
in no way prevent the Building Inspector from
later declaring said sign to be nonconforming
if upon further review of information submitted
with the application, or of newly acquired in-
formation, the sign is found not to comply
with the requirements of this Ordinance.
7.825 Permit duration. A sign permit shall become
null and void if the sign for which the permit
was issued has not been completed within a
period of six (6) months after the date of
issuance.
7.826 Identification tag. The sign contractor shall
attach to the sign a weather -proofed tag which
shall have printed or impressed thereon: .
"CITY OF FAIRHOPE SIGN PERMIT, the
number thereof, the year of its
issuance and the name, address
and telephone number of sign erector".
7
No sign as herein defined, and unless spec-
ifically exempted, shall be erected, displayed,
rebuilt, repaired, painted or otherwise main-
tained which does not have such tag securely
attached thereto, or to its supporting
structure in such manner as to be plainly
visible from the street or roadway. The
absence of an identification tag shall be
prima facie evidence that the sign or ad-
vertising structure is being operated in
violation of the provisions of this article.
7.83 Removal, alteration or maintenance of signs.
7.831 All signs which are no longer functional or are
abandoned, shall be removed, or relocated, at
the owner's expense, in compliance within the
provisions of this Ordinance with thirty (30)
days following disfunction.
7.832 All outdoor advertising signs and sign structures
shall be kept in repair and in proper state of
preservation.
7.833 Weeds and grass shall be kept cut in front of,
behind, underneath, and around the base of the
ground signs for a perimeter distance of ten (10)
feet, and no rubbish or debris that would con-
stitute a fire or health hazard shall be per-
mitted under or near such signs.
7.84 Prohibited Signs
7.841 Prohibited signs are subject to immediate removal.
(1) Any sign erected or painted upon a
sloping roof, fence, tree, stand pipe,
fire escape or utility pole.
(2) Any sign which uses the word "stop" or
"danger" prominently displayed and/or
which is a copy or imitation of official
traffic control signs.
(3) Signs which flash or illuminate inter-
mittently, and animated signs except
time and temperature or public service
signs.
8
(4) Signs which emit visible smoke, vapor,
particles, or odor.
(5) Signs with any lighting or control
mechanism which causes radio or tele-
vision or other communication interference.
(6) Any sign or sign structure placed upon any
street or highway right-of-way, except dir-
ectional signs provided by the City for a fee.
(7) Any sign affixed to any fence, tree, utility
pole or traffic sign standard.
(8) Any sign attached to or painted onto a vehicle
parked adjacent to or on a public thoroughfare
for the principal purpose of advertising.
(9) Sandwich signs.
(10) Snipe Signs.
(11) Window signs which identify or advertise
activities, services, or products available
within the building which collectively cover
more than twenty (20) percent of the window
glass surface area.
(12) Bench signs with messages indicating the donor,
except as approved by the City Council.
(13) Tethered inflatable signs, either on -site
or off -site.
(14) Portable signs.
(15) Off -site signs.
(16) Streamers
(17) Revolving signs
7.85 Non -Conforming Signs. Any non -conforming sign in
existence on the date of enactment of this Ordinance
shall be considered a non -conforming sign and
shall be subject to the following conditions:
7.851 The following to be removed or made to conform
to this Ordinance within ninety (90) days:
0
7.851 Continued
(1) Non -conforming signs made of paper, cloth,
or other non -durable material.
(2) All temporary signs other than those
permitted herein.
7.852 If any non -conforming sign is removed or destroyed
then the replacement sign shall be in conformity
with the requirements of this Ordinance.
7.853 where a change in use, occupancy or ownership
occurs which necessitates the altering of a
sign in any manner, the altered or changed sign
shall be in conformance with the requirements
of this Ordinance.
7.854 All non -conforming signs, 150 or more in excess of
allowed maximum area, shall be either removed or
replaced with a conforming sign within five (5)
years of the date of enactment of this Ordinance,
except as otherwise provided by law.
7.855 Upon failure to comply within the time specified,
the building official is hereby required to
cause removal as provided by law of such sign
and any expense incident thereto shall be paid
by the owner, agent, or lessee of said sign
or of the property upon which the sign is located.
7.856 Existence of any non -conforming sign on the
premises will prohibit issuance of further sign
permits while non -conforming use exists.
7.86 Exempt Signs.
7.861 Except as otherwise provided, the following
on -site signs are exempt from the provisions
of this Ordinance and may be erected without
securing a permit, subject, however, to
meeting all other applicable codes and regulations.
(1) One (1) professional nameplate for
each occupant. Each professional name-
plate shall not exceed six (6) square
feet in area.
10
7.861 Continued
(2) One (1) identification sign for each premise,
denoting only the name, street, number
and business of an occupant in a commer-
cial building or public institutional building.
An identification sign shall not exceed six (6)
square feet in area.
(3) One (1) bulletin board or identification sign
per site for public, charitable, educational
or religious institution located on the
premises of said institution and not exceeding
thirty-two (32) square feet in area.
(4) Legal notices and official instruments.
(5) Flags or insignias of a governmental,
religious, charitable, or fraternal
organization mounted on a single pole.
Flags or insignias shall be limited to
(50) total square feet in area.
(6) Decorative flags, banners and bunting authorized
by the City Council for a city-wide celebration,
conventions or commemorations.
(7) Holiday lights and decoration only during
customary duration of holiday period.
(8) Memorial signs, tablets or cornerstones,
names of buildings and date of erection
when cut into any masonry surface or
when constructed of bronze or other non-
combustible materials.
(9) Nonadvertising (not to exceed two (2)
square feet in area) directional signs
or symbols (e.g. entrance, exit, caution,
slow, no trespassing) located on and
pertaining to a parcel of private property.
(10) Identification signs at the entrance drive
of residences, estates, farms, ranches,
and plantations which do not exceed two (2)
square feet in area.
(11) One (1) non -illuminated, double-faced,
temporary, real estate for sale sign per
street frontage not exceeding in face area:
11
7.861 Continued, (11)
a. In residential zoning districts:
1. Six (6) square feet where the
property being advertised has
a frontage of less than five
hundred (500) lineal feet.
2. Sixteen (16) square feet where
the property being advertised has
a frontage of five hundred
(500) lineal feet or more.
b. In all other districts, sixteen (16)
square feet where the property or
structure being advertised has a
frontage of less than two hundred (200)
lineal feet.
C. In all other districts, thirty-two (32)
square feet where the property or
structure being advertised has a frontage
of two hundred (200) lineal feet or more.
d. multiple -listing strips and sold signs
may be allowed when attached to a real
estate for sale sign. Signs shall be re-
moved immediately when ownership has
changed or the property is no longer for
sale, rent, or lease. Open for inspection,
signs not exceeding two (2) square feet in
area may be allowed on property that is
open for inspection.
(12) One (1) construction sign per street frontage
located on property where building is actually
in progress under a current building permit.
This shall be a ground sign not to exceed
thirty-two (32) square feet for non-residential
structures and sixteen (16) square feet for
residential structures and may include the
names of persons and firms performing services
or labor, or supply materials to the premises.
Such sign must be removed before a certificate
of occupancy is issued.
(13) Political signs, on private
such signs shall not exceed
(6 sq. ft. in a residential
signs shall not be erected
before an election and must
7 days after the election.
12
property provided
16 sq. ft. in area
district). such
more than 30 days
be removed within
7.861 Continued
(14) Window signs which identify or advertise
activities, services, goods or products
available within the building and which
collectively cover twenty (20) per cent or
less of the window glass surface area.
(15) Signs incorporated on machinery or equip-
ment at the manufacturer's or distributor's
level, which identify or advertise only
the product or service dispensed by the
machine or equipment, such as signs customar-
ily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps
and do not exceed two (2) square feet per
piece of equipment.
(16) Directional and regulatory signs erected by an
agency of government or any lawfully constitu-
ted utility.
(17) One under -canopy sign per business not to exceed
3 sq. ft., in area, not lower than 8 ft.
clear above the walkway surface and not
illuminated.
7.87 Sign Standards
7.871 Visual Obstruction: Signs in a sight triangle shall
not obscure vision between heights between three and
nine feet above grade.
7.872 Protection of Residential Districts:
(A) Except as may otherwise be provided herein
permanent signs are prohibited in single
family residential districts.
(B) Signs in commercial or industrial districts
which abut residential districts shall not
be located nearer than fifteen feet to any
residential boundary line.
(C) Illuminated or neon signs shall not produce
a glare or reflection onto residential
properties such as to be objectionable to
the occupants thereof.
7.873 Ground signs, wall signs, mansard signs, marquee and
canopy signs shall be subject to the following condi-
tions:
13
7.873 continued
(1) Temporary signs on private single
family residential property are
permitted at the property owner's
discretion, provided, however, the sign
shall be removed upon termination of the
activity, such as, garage or yard sale,
political campaign, real property sale
or other like activity, for which it
was erected. Signs permitted here-
under shall not exceed six (6) square
feet in surface area.
(2) No new ground sign shall be larger than fifty
(50) square feet, except as otherwise provided
herein.
(3) Aggregate surface area of all signs shall
not exceed one square foot of area for
each two feet of building frontage occupied
by the business displaying signs. Maximum
aggregate surface area allowed for each
frontage:
A. In professional business area
developments, fifty (50) square
feet.
B. In all other districts where
allowed, one hundred and fifty
(150) square feet up to 300
feet setback from the roadway.
For setbacks greater than 300
feet any increase in sign area must
be approved by the Planning Commission
(4) Signs in multiple -occupancy non-residential
building.
Where a single building or complex of
buildings contains two (2) or more separate
activities or establishments, the individual
establishment located therein shall be
permitted a wall sign and wall sign area
based on portion of building frontage used
by establishment as though they were
individual buildings with individual
street frontage. Such multiple
occupancy buildings will be permitted
one (1) directory on a common single
multi -listing sign with a surface area
not to exceed ten (10) square feet and
with a maximum height of ten (10) feet.
14
(5) Maximum number of signs. Only one (1)
ground sign and one (1) wall, mansard
marquee or canopy, shall be allowed
for each premises; except that on
corner and double frontage lots, two (2)
ground signs are allowed, provided that
premises with more than one (1) street
frontage may utilize up to the maximum
sign surface area allowed for each
frontage, but no transfers of allowable
area may be made from one frontage to
another.
(6) Ground signs.
A. Maximum height:
(i) All signs, maximum twenty (20)
feet above natural ground
level at sign structure
base.
(7) Wall sign projection. Wall signs may
not project more than twelve (12)
inches from the building to which they
are attached.
(8) Mansard Signs. Unless otherwise speci-
fied, the mansard type roof portion
of a structure may be used for the
mounting of a sign, provided such sign
shall not extend above the break point
of the mansard type roof line upon
which the sign is mounted.
(9) Marquee and canopy signs. Signs or
sign structures located on a marquee or
canopy shall be affixed flat to the surface
and shall not be greater than two (2)
feet in vertical dimension and shall not
extend beyond the marquee or canopy.
7.874 Shopping center signs. For each shopping center
signs bearing the name and identification of the
shopping center and logo shall be allowed subject
to the following requirements:
(1) One (1) ground sign with a maximum
height of twenty (20) feet and a maximum
surface area of fifty (50) square feet
is permitted to identify the name of
the shopping center only.
15
7.874 Continued
(2) Signs for establishments in the shopping
center. Each establishment located within
the shopping center shall be allowed:
One (1) wall sign not to exceed one (1)
square foot in area for each two (2)
lineal feet of store frontage with a
maximum surface area of one hundred
fifty (150) square feet.
7.875 Subdivision signs. One (1) permanent subdivision
sign may be located at each entrance to a subdivision
provided the following requirements are met:
(1) Such sign shall contain only the name of the
subdivision and motto, if any. It shall not
contain promotional material.
(2) The sign shall not create a physical or
visual hazard for motorists entering or
leaving the subdivision.
(3) An acceptable legal entity shall be provided
to assure the maintenance of the subdivision
sign.
(4) The sign shall not exceed seven (7) feet
in height.
(5) The sign shall not exceed thirty-two (32)
square feet in area.
7.876 Multiple family residential development and
mobile home park signs. One (1) wall or ground
sign may be located on the site of a multiple
family residential development or mobile home
park provided that it is not more than thirty-two
(32) square feet. Such sign shall not be more
than eight (8) feet in height. Where a multiple
family residential development or mobile home
park is located on more than one (1) street, one
(1) sign may be displayed on each street.
7.877 Gasoline pricing signs.
(1) One sign advertising the price of gasoline
is permitted, provided that it shall not
exceed twelve (12) square feet per sign face
and an aggregate area of twenty four (24)
square feet. If freestanding, the sign shall
not exceed five (5) feet in height.
16
7.877 Continued
(2) Signs which are placed on gasoline pumps in
order to provide required information to the
public regarding price per gallon or liter,
type of fuel and octane rating are permitted;
however, such signs may not exceed three (3)
square feet per side in surface area and
six (6) square feet in total area.
This ordinance shall become effective immediately upon due
adoption and publication as required by law.
ADOPTED THIS / DAY OF , 1989.
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