Code Enforcement

ARTICLE IX SIGN REGULATIONS

Section A.        Purpose and Rationale.

It is the purpose of this Article to advance significant government interests by establishing the reasonable and impartial regulation of signs within the City of Martin to accomplish the following goals:

1. To protect and promote public safety, health, convenience and general welfare by decreasing the risk of traffic hazards which distract, confuse or impair the visibility of motorists and pedestrians and by increasing the effectiveness of signs needed to direct the public;
2. To protect the public investment in streets and highways;
3. To enhance public prosperity and the general welfare by minimizing any adverse effects upon the natural scenic beauty and by providing an attractive visual environment in the city so that it is a more desirable place to live, visit and conduct business; and
4. To protect property values by ensuring compatibility with surrounding land usage and by ensuring light, air and open space.

These signs regulations are intended to complement the various codes and ordinances of the city of Martin and state and federal governments. Wherever there is inconsistency between these sign regulations and other regulations of the aforementioned governments, the more stringent shall apply.

The word “sign” is chosen to signify all nonverbal communication in public viewed areas because of its traditional use. The work “graphic” is synonymous with “sign” and the two may be used interchangeably within the context of this Article.

Section B.        Definitions.

Words in the text of this Article shall be interpreted in accordance with the definitions set forth in this section. Where words have not been defined, the definition found in the most current edition of Webster’s Unabridged Dictionary shall be used.

Generally, the word “sign” means any writing (including letters, work or numerals), pictorial representation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant), inflatable structure or any other figure of similar character, which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure and is used to announce, direct attention to or advise.

In addition, the following terms are defined:

1. “Billboard” is defined as a sign exceeding 200 square feet in sign area (or exceeds the maximum allowable sign area allowed in a zoning district, if more restrictive) that is used to advertise or inform by directing attention to a cause, event, campaign, business, profession, commodity, product, service or entertainment which is conducted, sold, distributed or offered elsewhere than upon the same premises as the billboard, or which directs attention to any brand name or trade name product which may be available on the same premises as the billboard.
2. “Building sign” means any sign attached to or supported by any building or other structure that has a purpose other than solely to support a sign. A building sign may be attached by means of projection, wall mounting or roof support subject to height restrictions.
3. ^“Business Directional Sign” means a sign specifically denoting the direction (by the use of directional arrow) to a business not located on a thoroughfare designated as a federal or state route or as a collector or arterial status street on the Martin Major Road Plan.
4. “Display surface area” means the entire area within a single continuous perimeter enclosing the extreme limits of wording, representation, emblem, or any figure of similar character, together with any background materials, color or area defined by a border or frame, any of which forms an integral part of the display or serves to differentiate such display from the structure to which it is affixed.
5. “Ground sign” means a sign that has no attachment to any part of a building and meets one of the following criteria:
   • Mounted directly on and securely attached to a concrete slab at ground level; or
   • Mounted on and securely attached to one or more posts, columns, braces or structures other than buildings extended from ground level and anchored in the ground.
6. “On-premises sign” is a sign that advertises or attracts attention to a specific event, activity, establishment, commodity, product, service or entertainment which is conducted, sold, distributed or offered on the same premises as the sign, or offered elsewhere than upon the same premises as the sign if the sign is accessory to the principal use.
7. “Portable sign” means any sign, unless otherwise permitted by this Article, that is designed and constructed in such a way as to not require permanent attachment to the ground, a building, or other unmovable object/structure. The use of hold-down stakes/poles or other like methods does not constitute permanent attachment.
8. ^“Projection-mounted sign” means a building sign that is:
   • Attached to a wall and projects outward from the wall more than six inches; or
   • Suspended from any structure that constitutes a covering or shelter such as a canopy, portico or marquee. Usually, though not always, the face of a projecting sign will be perpendicular to or form a wide angle with the surface to which it is attached.
9. “Roof-mounted sign” means a building sign that is attached to or mounted on a roof in such a way that the top of the sign does not exceed the roofline.
10. “Signage” means the area in square feet of the continuous perimeter of copy including any wording, numerals, emblem or representation which is used to announce, direct attention to or advertise.
11. “Sign setback line” means the spacing between a sign and a lot line or two signs.
12. “Temporary sign” means a sign that announces an event, use or availability for the duration of that event, use or availability and limits the placement and removal of the sign to a limited period of days before and after the event, use or availability.
13. “Wall-mounted sign” means a building sign that conforms to the following:
    • Attached to a wall (including a parapet wall) or other structure that supports a roof, including any sign that is part of or attached to a canopy or awning and any sign attached to any side face of a marquee; and
    • Does not project outward more than six inches from the surface to which it is attached; and
    • The sign face is parallel to the plane of the surface to which it is attached.

Section D.              Exempt signs.

The following on-premises signs are exempt from the operation of these sign regulations provided they are not placed within, or constructed to be in violation of, the required sign height/setback lines for permanent on-premises signs established for that particular zoning district or create a hazard of any kind through the obstruction of vision by motorists and/or pedestrians:

1. Within nonresidential districts, signs that are displayed for the direction or convenience of the public, such as signs which identify entrances, exits, drive-thru windows, or signs of a similar nature. Such signs shall not exceed six square feet in area, provided that such sign, or combination of such signs, does not constitute a sign prohibited elsewhere within this ordinance;
2. Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property with permission from the appropriate federal, state or local government;
3. Legal notices and official instruments;
4. Holiday lights and decorations with no commercial message;
5. Public warning signs to indicate the dangers of trespassing, swimming, animals or similar hazards;
6. Works of art that do not constitute advertising;
7. Signs carried by a person when the person does not receive any financial compensation;
8. Official government, fraternal, religious or civic flags when mounted on permanent poles attached to the ground or building;
9. In all nonresidential districts decorative flags of sixteen square feet or less in size that are mounted on individual poles. The poles shall be separated by a minimum distance of twenty­five feet, except that four poles may be clustered at one location per street frontage. If the option to cluster is exercised no other poles shall be erected along that street frontage. The flags may contain a logo and shall be subject to the height and front setback requirements for the respective district;
10. Temporary signs for political purposes not to exceed twenty-four square feet in residential districts and thirty-two square feet in non-residential districts and shall be subject to the height and front setback requirements for the respective district;
11. Decorative flags and bunting for a celebration, convention or commemoration subject to removal within seven days following the event;
12. Temporary merchandise displays and signs behind or painted onto storefront windows and doors;
13. Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of a building;
14. Signs incorporated into machinery or equipment by a manufacturer or distributor which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, fee collection boxes, and gasoline pumps;
15. In residential districts, any sign of a type described below which does not exceed two square feet in area:
    • A sign giving a property identification name or number or name(s) of occupant(s), one sign per lot;
    • A mailbox sign (one sign per dwelling unit), or
    • A sign(s) posted on property relating to private parking, trespassing or dangerous animals (limited to one sign per zone lot if less than one acre in size);
16. Temporary or permanent signs identifying traffic control measures on private property, such as “stop,” “yield,” and similar signs, the face of which meet the standards of the “Manual for Uniform Traffic Control Devices” and which contain no logo or commercial message of any sort and which do not exceed six square feet in area per sign;
17. Temporary signs announcing yard sales which do not exceed six square feet in area, limited to one per lot, which are erected no sooner than five days before the event, and are removed within two days after the event;
18. Temporary signs announcing construction (to include builder and/or materials supplier(s), designer, etc.) in residential districts which do not exceed twenty-four square feet in area and six feet in height, and in nonresidential districts which do not exceed thirty-two square feet in area and ten feet in height, and are installed after the issuance of a building permit and removed prior to occupancy of the dwelling/building. If a sign is displayed pursuant to this section but construction is discontinued for a period of sixty days, the sign(s) shall be removed pending continuation of construction activities;
19. Temporary signs announcing real estate availability in residential districts which do not exceed six square feet in area and six feet in height for ground signs, and in nonresidential districts which do not exceed thirty-two square feet in area and ten feet in height for ground signs. These signs are limited to one sign per street frontage. Further, in nonresidential districts, one building sign (not exceeding thirty-two square feet in area and ten feet in height) with wall attachment per building facade is permitted if the entire building is for sale or lease, or one building sign (limited to sixteen square feet in area and six feet in height) with wall attachment per leasable area if subunits of the building are for lease or rent;

 

Section E.        Temporary Signs.

On-premises temporary signs are permitted in all districts subject to the restrictions imposed by this section and other relevant parts of this ordinance.

1. Sign Types Allowed. A temporary sign may be an on-premises ground or on-premises building sign, but may not be constructed of or operated by electrical, electronic or mechanical parts. Banners are defined as being temporary signs as are signs commonly referred to as wind signs, consisting of one or more flags which are not otherwise exempted, pennants, ribbons, spinners, streamers or captive balloons which are less than ten feet in their greatest dimension, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind;
2. Removal of Illegal On-Premises Temporary Signs. Any temporary sign not complying with the requirements of this section or other relevant parts of this ordinance is illegal and subject to immediate removal.
3. Restrictions on On-Premises Temporary Signs. Any on-premises temporary sign may display any message so long as it is not harmful to minors as noted by this ordinance and may be displayed for the following purposes:
   • To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located;
   • In nonresidential districts to indicate the opening of a new business, a change in use or ownership, a general merchandise sale, or a going out of business sale. Such message may be displayed for a period not exceeding twenty-one days within the first three months that the occupancy is open for business or under new ownership or the last three months before closing, or a period not exceeding twenty-one days in the event of a general merchandise sale;
   • In nonresidential districts to indicate the existence of a new business, or a business in a new location, if such business has no permanent sign(s). Such message may be displayed for a period of not more than sixty days or until installation of permanent signs, whichever shall occur first;
   • To announce or advertise such temporary uses as fairs, carnivals, revivals, sporting events, flea markets, or any public, charitable, educational or religious event or function. Such message shall be erected no sooner than fourteen days before the event, and removed within seven days after the event;
   • To indicate the availability of goods for sale, either on a vacant lot, or within a temporary structure, such as a tent. Such message may be displayed for a period not exceeding thirty days, and not more than once a quarter on a yearly basis.
4. Open Space Requirements for On-Premises Temporary Signs. On-premises temporary signs shall comply with the established front setback requirements elsewhere in this Article and shall not be permitted in any required side or rear setback.
5. Permissible Size, Height and Number.
   • Single-Family and Duplex Residences. Any lot occupied by a one-family or two-family residence may display one on-premises temporary sign with a maximum sign area of six square feet and a maximum height of six feet.
   • Triplex and Fourplex residences. Any lot occupied by a three-family or four-family residence may display not more than two on-premises temporary signs with an aggregate sign area of not more than twelve square feet. No individual sign shall exceed six square feet in area or six feet in height.
   • All Other Uses. All other lots may display one square foot of on-premises temporary signage per ten feet of frontage to a maximum of thirty-two square feet. Lots with frontage on more than one side may apply this provision to one additional side. No on ­premises temporary sign shall exceed ten feet in height.

Section F.              Permanent On-Premises Signs.

Permanent on-premises signs are permitted in all districts subject to the following provisions unless prohibited by this ordinance or other ordinance adopted by the City of Martin. All permanent on-premises ground and building signs shall comply with the minimum setbacks and spacing as established in the setbacks and spacing section of this ordinance. Signs placed in districts designated as a historic district (HD) on the Zoning Map of Martin, Tennessee shall, in addition to compliance with this section, comply with the design guidelines of that respective historic district and receive a Certificate of Appropriateness (COA) approved by the Historic Zoning Commission of Martin, Tennessee prior to installation/construction.

1. Residential Districts. Permanent on-premises ground and on-premises building signs that serve the specific function of identifying a residential development are permitted subject to the following provisions:

• Each residential development containing three through fifteen dwelling units and approved under one plat shall be permitted one on-premises identification sign, with a maximum size of twelve square feet and a maximum height of six feet, at the development entry from a public street subject to the setback requirements in the setbacks section of this Article. The sign may be illuminated by direct and steady means only.
  • Each residential development containing at least sixteen units and approved under one plat shall be permitted one on-premises identification sign, with a maximum size of twenty-four square feet and a maximum height of six feet, per development entry from a public street subject to the setback requirements in the setbacks section of this Article. Each sign may be illuminated by direct and steady means only. Further, the on-premises identification sign at each entry may be one of the following:
    • A double-sided sign located perpendicular to the public street and containing up to twenty-four square feet for the one sign face.
    • A single-sided sign located parallel to the public street and containing up to twenty­four square feet for the one sign face. Displaying a sign on the opposite face is prohibited.
    • A flared wall, or similar, to which two single-sided signs are attached or imbedded and each sign does not exceed twelve square feet; or one single-sided sign attached or imbedded which does not exceed twenty-four square feet.

NOTE: Each residential development identification sign shall be maintained perpetually by the developer, sign owner, owners’ association or other person who is legally accountable under an approved maintenance agreement. Signs that are not maintained shall be removed by the developer or owner.

• A building that contains a minimum of sixteen units may be permitted one flat-mounted on-premises building sign of a maximum of twenty-four square feet in area, for each street frontage, and may be placed on the street facing facade of the building provided that it does not extend more than six inches from the facade of the building. The sign may be illuminated by direct and steady means only.
• R-4 districts.
  • One on-premises ground sign limited in area to one square foot of sign per one foot of road frontage, but not to exceed a total of thirty-two square feet. In the case of a corner lot, only one road frontage may be used in the computation of the maximum sign area. The maximum height of an on-premises ground sign shall be limited to ten feet and the maximum horizontal or vertical dimension may not exceed eight feet.
  • One on-premises building sign limited in area to a maximum of twenty square feet. The on-premises building sign must be attached to the primary structure with no projection from the building greater than six inches and shall be placed on the side of the building and, if illumination is desired, may be illuminated by direct and steady means only. Signs shall not be permitted on roofs.

2.   Commercial Districts. Permanent on-premises ground and on-premises building signs are pennitted in Commercial districts subject to the following provisions:

A. B-1 and B-3 Districts.

• One on-premises ground sign limited in area to one square foot of sign per one foot of road frontage, but not to exceed a total of sixty-four square feet. Corner lots may utilize both road frontages in the computation subject to the maximum sign area of sixty-four square feet. The maximum height of an on-premises ground sign shall be limited to fifteen feet.
• On-premises building signs are not limited in number and may be placed on. the building itself or a canopy or awning attached thereto. However, the total area of all on-premises building signs may not exceed ten percent of the square footage of the building facade facing a public street and in no case may exceed a maximum total of seventy-two square feet in area. The building facade will be calculated using the sidewall of a building actually facing the street; no other wall or roof area may be used in the computation. Further, in the case of multiple buildings on a lot, only one building (the largest, if desired) may be used in the building facade computation. Roof signs may be utilized as on-premises building signs but may not exceed the maximum height of the building roof
• In the case of a building, or individual tenant space, having a canopy, each tenant shall be permitted one under canopy sign limited to six square feet in area and a minimum ground clearance of seven feet.

B. B-2 and P-B Districts.

• One on-premises ground sign limited in area to one square foot of sign per one foot of road frontage, but not to exceed a total of 100 square feet. However, in the case of a shopping center, mall, or other arrangement in which the property for parking and/or frontage is under common or shared ownership, the shopping center, mall or grouping of business and/or offices may, upon approval of a master sign plan for the development to ensure uniformity in free-standing and building signs, erect one permanent on-premises ground sign per street frontage limited in area to one square foot of sign area per one foot of road frontage but not to exceed a total of 200 square feet in area. Corner lots may utilize both road frontages in the computation. The maximum height of an on-premises ground sign shall be limited to thirty-five feet; however, if the street grade of a collector status street (as shown on the City of Martin’s Major Road Plan) is at an elevation above the proposed lot so that a thirty­five feet tall sign is rendereiseless, a taller sign up to a maximum of fifty feet may be allowed.

• On-premises building signs are not limited in number and may be placed on the building itself or a canopy or awning attached thereto. However, the total area of all on-premises building signs may not exceed ten percent of the square footage of the building facade facing a public street and in no case may exceed a maximum total of sixty-four square feet in area. The building facade will be calculated using the sidewall of a building actually facing the street; no other wall or roof area may be used in the computation. Further, in the case of multiple buildings on a lot, only one building (the largest, if desired) may be used in the building facade computation. In the case of a shopping center, mall, or other arrangement in which the property for parking and/or frontage is under common or shared ownership, each tenant may utilize only the building facade facing the parking and/or frontage in the building facade computation. Roof signs may be utilized as on-premises building signs but may not exceed the maximum height of the building roof.

• In the case of a building, or individual tenant space, having a canopy, each tenant shall be permitted one under canopy sign limited to six square feet in area and a minimum ground clearance of seven feet.

3. H and U Districts. Permanent on-premises ground and on-premises building signs are permitted in Hospital (H) and University (U) districts subject to the following provisions and the setbacks as established in the setback section of this ordinance:

• One permanent on-premises ground sign per street frontage limited in area to one square foot of sign area per one foot of road frontage with the maximum area per sign limited to sixty-four square feet. The maximum height of any permanent on-premises ground sign shall be ten feet.
• Permanent on-premises building signs are not limited in number and may be placed on the building itself or any canopy or awning attached thereto. The aggregate total of all on-premises building signs may not exceed one square foot of sign area per two feet of road frontage but in no case may exceed 100 square feet. Only one road frontage dimension may be used in the computation.

4. M Districts. Permanent on-premises ground and on-premises building signs are permitted in Industrial (M-1 and M-2) districts subject to the following provisions and the setbacks as established in the setback section of this ordinance:

• One permanent on-premises ground sign per street frontage limited in area to one square foot of sign area per one foot of road frontage with the maximum area per sign limited to 200 square feet. The maximum height of any permanent on-premises ground sign shall be twenty feet.
• Permanent on-premises building signs are not limited in number and may be placed on the building itself or any canopy or awning attached thereto. The aggregate total of all on-premises building signs may not exceed 150 square feet.
• Billboards having an allowable area of one square foot for each one foot of road frontage not to exceed 300 square feet and not to exceed thirty-five feet in height. In no case shall billboards be located closer than 1,000 feet from any other billboard sign on the same side of the street. In the case of a billboard being placed perpendicular to the street, only one face of the signage will be used in the computation of allowable sign area even though both faces may be utilized.

Section G.      Business Directional Signs.

In order to promote the economic welfare of the Martin community, directional signs will be allowed for certain business not located on a thoroughfare designated as a federal or state route or as a collector or arterial status street on the Martin Major Road Plan. Such are signs allowed in any municipal zoning district. However, the placement of the signs must be in accordance with the following provisions:

1. All such signs must be permitted through the Office of the Building Inspector (Code Enforcement).
2. All signs must be located on a metal pole approved by the enforcement officer.
3. No sign shall be allowed between a height of two and one-half feet and ten feet where the sign is located within ten feet of the front property line in order to prevent any obstruction of vision. Signs more than ten feet from the public right-of-way may not exceed twelve feet in height.
4. All signs must conform to the uniform dimensions of thirty-six (36) inches in width and twenty-four (24) inches in height.
5. All signs must be of a metal, or equally durable, material so as to appear as a standard public road sign and must contain reflective lettering and a directional arrow.
6. No more than one approved pole supporting no more than two approved signs may be located on any one lot of record.
7. All signs must be located on private property and may be placed only through the permission of the property owner.
8. Such signs are allowed in any zoning district. However, if such sign is proposed within a Historic District, the sign and pole must meet the approval of the Martin Historic Zoning Commission.

Section H. Setbacks and Spacing.

Minimum setbacks from property lines and spacing of signs are required for the protection of the public, to provide for reasonable future expansion of the public right-of-way with the least disturbance of existing conforming signs, and to allow the general public, whether pedestrian or motorist, to have an equal right to view buildings, structures and natural features in the foreground and background. Therefore, all ground signs within the City of Martin are subject to the following setback and spacing requirements:

1. Setbacks.

• Temporary signs. No temporary sign may be placed in a required side yard or required rear yard. All temporary signs in all districts must maintain the following front setback:
  • Temporary signs no more than two and one-half in height- two feet from front property line.
  • Temporary signs more than two and one-half feet in height- fifteen feet.
• Permanent signs. No permanent sign may be placed in a required rear yard. All permanent signs must maintain a side yard setback of ten feet. All permanent signs in all districts must maintain the following front setback:

• • Permanent signs no more than two and one-half feet in height- two feet from front property line.
  • Permanent signs more than two and one-half feet to no more than ten feet in height­fifteen feet from front property line.
  • Permanent signs more than ten feet in height- ten feet from front property line.

2. Spacing.

• All temporary signs shall be spaced a minimum of ten feet apart.
• No permanent ground sign greater than two and one-half feet in height shall be located closer than one hundred feet to another permanent ground sign greater than two and one­half feet in height located on the same lot.
• No permanent ground sign no more than two and one-half feet in height shall be located closer than twenty-five feet to another permanent ground sign no more than two and one­half feet in height on the same lot.
• No permanent ground sign no more that two and one-half feet in height shall be located closer than ten feet to a permanent ground sign greater than two and one-half in height on the same lot.
• No permanent ground sign shall be located closer than fifteen feet to another permanent ground sign on a neighboring lot.
• No billboard shall be located closer than one hundred feet to a permanent ground sign nor any closer than 1,000 feet to any billboard located on the same side of the street.

Section I.        Nonconforming Signs.

It is the intent of this section to provide for the orderly elimination of all nonconforming signs. Any lawfully erected permanent sign that is now considered to be nonconforming may continue to be maintained exactly as it existed prior to the enactment of these provisions except as provided below:

• Shall not be replaced with another nonconforming sign.
• Shall not have any changes in the words, logo or symbols which are part of a message unless the sign is an off-site sign or bulletin board.
• Shall not be structurally altered so as to prolong the life of the sign, increased in size, shape, type or design.
• Shall not be re-established after damage or destruction if the estimated expense of repair exceeds fifty percent of the value of the original sign.
• Shall not be re-established after the activity or name of the business or ownership shall have changed requiring a change in the sign name or advertisement itself.

17-104. Location of containers. Where alleys are used by the city refuse collectors, containers shall be placed on or within six (6) feet of the alley line in such a position as not to intrude upon the traveled portion of the alley. Where streets are used by the city refuse collectors, containers shall be placed adjacent to and back of the curb, or adjacent to and back of the ditch or street line if there be no curb, at such times as shall be scheduled by the city for the collection of refuse therefrom. As- Gaon as practicablerafter such containers have been emptied they shall be removed by the owner to within, or to the rear of, his premises and away from the street line until the next scheduled time for collection. (1978 Code, § 8-204)

17-105. Disturbing containers. No unauthorized person shall uncover, rifle, pilfer, dig into, turn over, or in any other manner disturb or use any refuse container belonging to another. This section shall not be construed to prohibit the use of public refuse containers for their intended purpose. (1978 Code, § 8-205)

17-106. Collection. All refuse accumulated within the corporate limits shall be collected, conveyed, and disposed of under the supervision of such officer as the board of mayor and aldermen shall designate. Collections shall be made regularly in accordance with an announced schedule. (1978 Code, § 8-206)

17-107. Collection vehicles. The collection of refuse shall be by means of vehicles with beds constructed of impervious materials which are easily cleanable and so constructed that there will be no leakage of liquids draining from the refuse onto the streets and alleys. Furthermore, all refuse collection vehicles shall utilize closed beds or such coverings as will effectively prevent the scattering of refuse over the streets or alleys. (1978 Code, § 8-207)

17-108. Disposal. The disposal of refuse in any quantity by any person in any place, public or private, other than at the site or sites designated for refuse disposal by the board of mayor and aldermen is expressly prohibited. (1978 Code, § 8-208)

17-109. Collection fees. The city shall collect monthly fees for the collection, removal, and disposal of refuse in accordance with such procedure and schedule as the board of mayor and aldermen may approve. (1978 Code, § 8-209)