ORDINANCE NO. 72

SECTION 1.  Purpose. 

These sign regulations are adopted for the following purposes:  to extend regulations concerning the use of land to the erection, placement, display and maintenance of signs and outdoor advertising media; to protect places of historical and cultural importance; to increase safety; to encourage sound sign practices and decrease the objectionable effects of competitive signage; to conserve the value of buildings; to preserve residential values and to encourage the most appropriate use of land. 

SECTION 2.    Regulations and Standards.

These regulations are intended to regulate signage within the Town of Slaughterville regarding size, location, safety issues, maintenance, upkeep and removal.

1.        All signs that exceed thirty-two (32) square feet in size, or eight (8) feet on any one side, whether or not listed as an exception to this ordinance, shall require approval through the application and permit process prior to emplacement.

2.        Free-standing, permanent signs, unless specifically exempted under Section 3, must be approved through the application and permit process.

3.        Portable signs, that are designed to be moved from place to place without significantly altering the sign's construction whether or not the sign's content is altered, must be approved through the application and permit process, whether or not their purpose is otherwise allowed as an exception under Section 3. Such signs will not exceed fifty (50) square feet or ten (10) feet on any one side nor be emplaced so that the overall height is greater than six (6) feet from the ground.

4. No free-standing sign, whether permanent or temporary, shall be greater than twelve (12) feet in height or width nor shall it exceed ninety-six (96) square feet in display surface area or be located in a manner in which its maximum height is greater than eighteen (18) feet above ground level; nor shall any sign which is attached to any building exceed the height or width of the building.

5.        No more than one (1) free standing or portable sign per frontage shall be allowed on-premise.  Off-premise advertising signs are not allowed. 

6.        Off-premise directional signs require approval through the application and permit process.  They must be no larger than four (4) square feet in display surface area and not exceed six (6) feet in overall height.  To reduce clutter, one sign containing more than one establishment's directional information will generally be allowed on private property at intersections. Such signs will not interfere with the intersection’s sight triangle nor exceed eight (8) feet on one side and thirty-two (32) square feet in display surface area nor twelve (12) feet in overall height. The number of establishments served by the directional sign will determine its overall size. Off-premise directional signs shall contain only the following information:

a.       the name, address and telephone number of the establishment;
b.      an arrow indicating the direction of travel; and
c.       the distance involved.

7.        No sign shall be placed at any location, including the sight-triangle of street intersections, where, by reason of its position, size, shape or color, it may interfere with the view of, or be confused with, any traffic control signs or signals, or where it may mislead, block, or confuse traffic.

8.        Setback requirements for permanent and portable signs shall be off of the street right-of-way.  Setback requirements for temporary signs shall be determined based on safety concerns.

9.        No sign may be attached to a tree or utility pole or placed on public property.

10.    All signs must be safe, securely built and non-obtrusive. Signs may be illuminated; however, flashing, blinking, running and other distracting lighting effects are not allowed.

11.    Every sign shall be maintained in a safe, presentable and good structural condition at all times. Owners of the signs and of the real estate where the sign is located are responsible for sign maintenance, including the replacement of defective parts, painting, repainting, cleaning and any other requirements.  All signs and the premises surrounding them shall be maintained in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and overgrowth of weeds and brush.

12.    Any sign that is deemed by the Town to be unsafe, dangerous or defective, or that creates an immediate hazard shall be removed pursuant to the provisions of Section 8 of this Ordinance.

13.    No permanent sign, except for subdivision identification and home based businesses, as provided in paragraph 14, shall be allowed, installed, erected or maintained on property zoned Residential unless such property is the subject of a special use permit or is owned or operated by a political subdivision of the state. 

14.    Permanent signs advertising home-based businesses must be approved through the application and permit process. Such signs will not exceed fifty (50) square feet in display surface area, and eight (8) feet on any one side, in areas zoned Agricultural, Industrial or Commercial, or six (6) square feet, and three (3) feet on any one side, in areas zoned Residential. Where such signs are approved, nameplates and street address signs are limited to six (6) inches in height. Homeowners Association covenants that prohibit or restrict signage take precedence over this authorization. Applicants in a Homeowners Association will include a Homeowners Association approval letter for the sign with their application to the Town.

15.    No political sign shall exceed thirty-two (32) square feet in display surface area. Political signs are allowed only on private property; those placed on public property are subject to immediate removal without notice. Political signs are, by their nature, temporary signs and will be removed following the event to which they refer.

16.    Free-standing signs larger than seventy-six (76) square feet in size shall be limited to Highway 77 only.

17.    Requirements of this Ordinance as well as any State and Federal laws and regulations shall apply to all signs.  However if any requirement of this Ordinance is in conflict with the requirements of any other law, regulation, or ordinance, the more restrictive requirement shall be controlling.

SECTION 3. Exceptions.

The following signs and activities do not require a sign permit but shall comply with all other provisions of this Ordinance:

1.       Public use or public service signs which are erected by a public officer in the performance of a public duty, including traffic control and street name signs, community service information signs, public transit service signs, public utility information signs, safety signs, and danger signs.

2.       Street addresses, and/or nameplates not exceeding a total display surface area of fifty (50) square feet in display surface area, and eight (8) feet on any one side, in areas zoned Agricultural, Industrial or Commercial, or six (6) square feet, and three (3) feet on any one side, in areas zoned Residential. Signs in residential areas may be subject to more stringent Homeowners Association covenants, which will apply.    

3.       Memorial signs, names of buildings and/or dates of erection when cut into the masonry surface, or constructed of bronze or other noncombustible material, and embedded into the building exterior, and when such signs do not exceed six (6) square feet in display surface area.

4.       Scoreboards in athletic facilities.

5.       On-premise directional signs not exceeding four (4) square feet in display surface area, displayed for the convenience of the public, including signs identifying entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances and parking spaces reserved for the handicapped, and other similar directional signs.

6.       On-premise prohibitory signs or other such signs regulating the use of property, such as “No Trespassing,” “No Hunting,” and “No Fishing” signs, that are not more than four (4) square feet in display surface area, or longer than two (2) feet on any one side.

7.       One real estate sign per frontage, advertising the sale, lease or rental of the property on which the sign is located, so long as the sign’s display surface area is no more than eight (8) square feet in display surface area on Residentially-zoned parcels and thirty-two (32) square feet in display surface area in other zoning districts.

8.       Temporary construction signs for traffic control.

9.       Temporary home-improvement or home building construction signs may be displayed during the project and for one month following its completion when the homeowner will remove the signs; PROVIDED HOWEVER, that in no event shall such signs interfere with traffic safety. 

10.   One temporary construction sign per frontage of a subdivision or other major construction project so long as the sign advertises the entire subdivision or other construction project and its display surface area is no more than fifty (50) square feet and no more than ten (10) feet on any one side. Permanent subdivision signs shall be subject to approval through the application and permit process. 

11.   On-premise non-commercial temporary signs, not larger than thirty-two (32) square feet in display surface area and no more than eight (8) feet on any one side, including but not limited to special event signs, political signs, garage sale signs, and estate sales. Such signs shall be removed immediately after the event to which they pertain.   Off-premise directional signs for garage sales and estate sales shall include the date/s of the event and the address at which it will take place; such signs, no larger than six (6) square feet in display surface area, are allowed three (3) days before the event and will be removed immediately following the advertised event.

12.   On-premise, temporary signs intended to advertise the availability of seasonal products at residences, such as vegetables, fireworks and income tax services.  Such signs will not exceed four (4) square feet in total display area or two (2) feet on any one side. Only one (1) sign per product is allowed.

SECTION 4.   Permits and Applications.

It shall be unlawful to display, erect, rebuild, expand or relocate any sign that requires a permit without first filing with the Town an application in writing and obtaining a sign permit in accordance with the provisions of this Ordinance.  Once the Town has issued a sign permit, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of that permit without prior approval of the Town. 

The application for a sign permit must be made by the owner(s) of the land and the owner(s) of the sign and shall be signed by all applicants as being true and correct and shall include all of the following:

1.       Name, address and telephone number of the owner(s) of the sign and the owner(s) of the land.

2.       The purpose or intent of the sign.

3.       The plans to scale showing the sign and any support(s) for the sign, including whether the application pertains to one sign, one sign with advertising space on one side, one sign with advertising space on both sides, or multiple levels of advertisement signs.  The plans will indicate the sign's height when emplaced, individual and overall dimensions of the sign and support(s), design, colors, materials to be used for the sign and support(s), illumination and wiring specifications, method(s) and material(s) to be used for its support(s), and a map showing the proposed location, including nearby public and/or private roadways by name and the distance from the sign to buildings, roadways, rights of way, utilities and easements.

4.       Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction for sufficient safety.

5.       Such other information as the Town may require showing full compliance with this Ordinance and all other laws and ordinances.

6.       The appropriate fee for a permit for the sign as set by resolution.

SECTION 5.   Structural Requirements and Wind Loads.

Signs and sign structures shall be designed and constructed to resist wind forces. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.

Anchoring and supporting members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, vertical or horizontal, shall not exceed safe values.  Braced ground signs shall be anchored to resist specified wind loads acting in any direction.  Anchors and supports shall be designed for safe bearing loads on the soil for effective resistance to a depth of not less than three (3) feet.  Anchors and supports shall be guarded and protected when near drive-ways, parking lots or similar locations where they could be damaged by moving vehicles.

SECTION 6.  Illegal, Non-conforming and Abandoned Signs.

In order to achieve the general purpose of this ordinance, it is necessary to provide for the removal or conformance of signs that are designated as illegal, nonconforming or abandoned (unused).  The following subsections identify circumstances under which such designations occur and the method of correction and/or disposition required.

1.       Any permanent sign erected or altered after the effective date of this Ordinance that does not comply with the provisions of this Ordinance shall be removed from the premises upon which it is located within thirty (30) days from the notice of violation and shall not be erected anywhere in the Town until a sign permit is issued. 

2.       It is the declared intent of the Town to have nonconforming signs brought into conformity. The right to operate and maintain nonconforming signs existing at the time this Ordinance is adopted shall terminate in accordance with the following schedule:

a.       All signs that are unsafe shall be immediately removed.
b.      Any pre-existing temporary sign that does not comply with the provisions of this Ordinance is subject to seizure and removal by the Town, after thirty (30) days notice to the owner(s).
c.       All other nonconforming signs shall be maintained in good condition and shall not be structurally altered or expanded in any manner that increases the degree of nonconformity unless approval is obtained through the application and permit process.

3.       Any sign, other than a real estate "For Sale" sign, that pertains to a building or parcel that has been unoccupied for a period of six (6) consecutive months or any sign that pertains to a business, product, service, event or purpose which has been inapplicable for thirty (30) consecutive days shall be deemed to be an abandoned sign and may be removed in accordance with Section 8.

SECTION 7. Review and Appeal.

The Town shall issue sign permits only after the Town has completed appropriate reviews and determined compliance with this Ordinance.  Any person aggrieved by an administrative decision pertaining to a sign may appeal to the Town Board of Trustees within ten (10) days of the date of the administrative decision, provided the fee for the appeal has been paid in full.  Further appeal may be taken to the Board of Adjustment so long as the appropriate fee has been paid.

SECTION 8. Nuisance and Removal by Town.

The Town is hereby authorized to direct removal of signs under the following conditions:

1.       Any sign that is unsafe or constitutes an immediate danger to the public is subject to immediate removal, without notice to the owner(s) of the land or to the owner(s) of the sign.

2.       Any sign placed within the public right-of-way or on a tree or utility pole is subject to immediate removal by the Town.  If an owner cannot be found, then the sign shall be deemed unclaimed property and disposed of accordingly.

3.       Any nonconforming sign that must be removed or brought into conformance with the requirements of this ordinance is subject to removal by the Town upon the owner’s failure to bring the sign into conformance or the owner's failure to remove the sign after thirty (30) days notice.

4.       Any sign that falls into disrepair and/or apparent disuse which the owner of the land fails to remedy or remove after thirty (30) days notice, is subject to removal by the Town.

5.       Storage and removal charges shall be borne by the owner(s) of the sign and/or the owner(s) of the land where the sign is located.  If unpaid upon demand, the Town Clerk shall cause the charges, including all costs associated with filing, to be placed as a lien on the real property owned by either the owner(s) of sign and/or the owner(s) of the land where the sign is located within the Town.  In the event an attorney is hired by the Town to collect the obligation, then all court costs and attorney fees shall be assessed against either the owner(s) of the sign or the owner(s) of the land where the sign is located.  Any sign that is removed by the Town shall be stored for a period of ninety (90) days at which time the sign shall be deemed abandoned and shall be disposed of as provided for in Title 11 O.S. Section 34-104.

PASSED AND APPROVED this 120th day of September, 2005.                                                                           

TOWN OF SLAUGHTERVILLE , OKLAHOMA

BY: signed (Linda L. Daniels)
Acting Mayor

ATTEST:
signed (Marsha Blair)

TOWN CLERK

Satae of Oklahoma
County of Cleveland
Filed For Record
October 20, 2005 at 3:20 p.m.
By Dorinda Harvey
County Clerk