Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-217 Signs.
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Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-217 : Signs.

  1. Title, purpose, and scope. This section shall be known as the "Sign Ordinance of the City of Maryville, Tennessee," and may be so cited, and further referenced elsewhere as "sign ordinance" and herein as "the ordinance" or "this section" shall imply the same wording and meaning as the full title.
    The general purpose and intent of this section shall be the fair and comprehensive regulation of signs. The intent of this section is to assist the economic development of the city without lessening the citizenry's quality of life. The regulations as set forth in this section are established to provide for the public safety, area development, preservation of property values, and the general welfare within the city.
    The specific purposes of this section include, but not limited to:
    1. Aiding in traffic control and safety through the regulation of undue concentration of signs which could be distracting and which could adversely impact traffic safety and traffic flow;
    2. Protecting property values by avoiding unnecessary visual competition and the uncontrolled proliferation of signs;
    3. Lessen congestion of available land and air spaces by the establishment of reasonable standards for commercial and other advertising through the use of signs so as not to be a future detriment to business activity and area development;
    4. Recognizing the rights of the public when using the roads, streets, highways, and other public rights-of-way; and
    5. Preserve the attractive character of the city.
      This section will regulate all signs within the City of Maryville except those located within the interior of buildings and/or structures. All signs which are located either on or to the exterior of a building are to be regulated. All signs erected by local, state, and federal governmental agencies are subject to the provisions of this section except as set forth in subsections (4) and (12) herein.
  2. Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this subsection shall have the meaning indicated when used in this section.


    1. "Animated sign." Any sign which incorporates in any manner visible or mechanical movement within the sign frame and not rotating movement of the sign itself, or visible apparent movement achieved by electrical pulsations.
    2. "Backlighting." Backlighting is the process of illuminating a message from the back of a message area or substrate of a sign board. Lighting from the back of the message area creates a glowing or "halo" effect on or around the display area, individual letters, or logo. Backlighting is permitted and is not considered an internal lit sign by this ordinance, but an indirect lighted sign lit from the rear of the message or surface area.
    3. "Banner." A sign made of fabric or non-rigid material.
    4. "Billboard." Any off-premises sign in excess of one hundred (100) square feet.
    5. "Cabinet sign." A cabinet sign, also known as a box sign, is a sign with text or symbols printed on plastic or acrylic sheet that is mounted on a cabinet or box that houses or does not house a lighting source and associated equipment.
    6. "Changeable copy sign." A sign which by manual or mechanical means or by lighting effects can have its copy message changed, apart from any reworking of the sign.
    7. "Digital billboard." A digital billboard is an off-premises billboard sign in excess of one hundred (100) square feet that is digital in nature and uses LCD, LED, or similar electronic technology for providing content to the billboard.
    8. "Directory sign." A directory sign is one which directs and guides traffic on private property.
    9. "Electronic Message Center (EMC) sign." A type of changeable copy sign that uses a bank of lights or other lighting technology that can be electronically altered to form words, letters, figures, symbols, pictures or patterns to convey a message without altering the sign face. An EMC sign shall only be used as a marquee or message center on-premises business sign and shall be attached to a pylon, monument or wall sign.
    10. "Freestanding sign." A sign erected on a freestanding frame, mast or pole, and not attached to any building.
    11. "Internally illuminated sign." Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
    12. "Landmark sign." A sign that exemplifies the cultural, architectural or commercial identity of the City of Maryville, is iconic in its location, and contributes to the character of the surrounding area.
    13. "Marquee sign." A wall sign mounted on a permanent roof-like projection over the entry to an establishment, with or without changeable copy.
    14. "Monument sign." A freestanding sign sitting directly on the ground or mounted on a low base.
    15. "Mural." A picture or representation painted on a wall of a structure.
    16. "Nonconforming sign." Any sign which was lawfully erected and maintained prior to such time as it was subject to a sign ordinance and which now fails to conform to the present sign ordinance.
    17. "Off-premises sign." A sign or structure which advertises a business, product or service not on or offered on the premises on which subject sign is located, or a sign or structure which identifies an organization not located on the premises on which subject sign is located.
    18. "On-premises sign." A sign or structure which advertises a business, product or service on or offered on the premises on which subject sign is located, or a sign or structure which identifies an organization located on the premises on which subject sign is located.
    19. "Parapet or parapet wall." The portion of a building wall that rises above the roof level.
    20. "Pennant." A piece of plastic or cloth, pointed at the bottom and suspended at its top, and primarily used as an attention-getting device.
    21. "Permit." An authorization by the City of Maryville of a particular act or activity. A permit is required for the erection, relocation, or other alteration of a sign.
    22. "Perpendicular sign." A perpendicular sign is a type of projecting sign mounted on a building facade or attached to a surface perpendicular to the normal flow of traffic either vehicular or pedestrian.
    23. "Placard." A card generally used for advertising a product or service.
    24. "Product sign. A sign which displays petroleum product prices. Such sign is considered a changeable copy sign.
    25. "Propeller." A device of two (2) or more blades on a revolving hub used as an advertising device.
    26. "Right-of-way width." The particular distance across a public street or other right-of-way, usually measured from property line to property line.
    27. "Sign." Any letter, figure, design, symbol, trademark or device mounted or otherwise placed and intended to be visible from the outside of a building, for display as an advertisement, announcement, notice, or name.
    28. "Sign height." The vertical dimension from ground level at the base of the structure to the uppermost point of the sign.
    29. "Sign setback." The linear distance measured horizontally in feet from the property line or public right-of-way to the nearest edge of a sign.
    30. "Streamer." Any long, narrow, flowing strip primarily used as an attention-getting device.
    31. "Street frontage." The linear distance measured horizontally along that portion of a property adjacent to a street.
    32. "Temporary sign." A sign that is used in the connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time. If a sign display area is permanent but the message displayed is to be subject to periodic changes, that sign shall not be regarded as temporary.
    33. "Wall sign." Any sign erected parallel to the face or on the outside wall of any building and supported throughout its entire length by such wall where the edges of the sign do not project more than twelve inches (12") therefrom.
  3. Permit required for signs. Except signs excluded from regulation or signs not requiring a permit, no sign may be constructed, erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this section.
    1. Sign permit applications and sign permits shall be in accordance with § 14-204.
    2. In the case of a lot occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center), a master sign plan is required. Sign permits will be issued in the name of the individual business enterprise requesting a particular sign. Signage allocation per each business enterprise will be determined based on the amount of store frontage (business to business).
    3. Signs constructed in Maryville shall conform to the standards and specifications outlined in the International Building Code, as amended, in the edition most recently otherwise adopted by the city.
    4. The sign permit application fee shall be ten dollars ($10.00), and sign permit fees shall be one dollar ($1.00) per square foot beyond what is allowed without a permit.
    5. Replacement or modification of existing freestanding sign panels or signs attached to a building, such as cabinet signage, will not be charged a sign permit fee of one dollar ($1.00) per square foot beyond what is allowed without a permit, nor the sign permit application fee of ten dollars ($10.00), so long as the replacement or modified sign does not alter the square footage of the previous sign panel. Sign permit applications and sign permits for any replacement or modifications of existing freestanding signs and signs attached to a building will still be required.
    6. Where work for which a permit is required by this section is started or proceeds prior to obtaining said permit, the penalty shall be two hundred fifty dollars ($250.00), but the payment of such penalty shall not relieve any persons from fully complying with the requirements of this section nor from other penalties.
  4. Signs not requiring a permit. The following signs do not require a permit.
    1. Signs not exceeding six (6) square feet in a residential zoning district, the Office Transition District, Institutional District, and the Neighborhood District; or not exceeding nine (9) square feet in a downtown district (excluding the Office Transition District), Central Community District, the Office District; or sixteen (16) square feet in the Business and Transportation District, the High Commercial District, the High Intensity Retail District and the Industrial District.
    2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
    3. Official signs of a non-commercial nature erected by public utilities.
    4. Flags, pennants, or insignia of any government.
    5. Integral, decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, or moving parts.
    6. Directory signs.
    7. Signs painted on, or otherwise permanently attached to, currently licensed motor vehicles that are not primarily used as signs.
  5. Temporary signs.
    1. Temporary signs shall be regarded and treated in all respects as permanent signs. Except in Residential Zoning Districts temporary signs shall not be included in calculating the total amount of permitted sign area. The duration of temporary signage shall not cumulatively exceed six (6) weeks.
    2. One (1) additional sign not to exceed thirty-two (32) square feet in surface area shall be permitted on lots with an approved fireworks storage and retail sale permit during the times allotted for such sales in title 7, chapter 6 of the Maryville Municipal Code. This additional temporary sign shall not count towards the cumulative six (6) week duration.
    3. Applications for temporary sign permits are required and shall be issued by the development services office. Temporary signs or banners that are erected without a temporary sign permit shall be subject to the enforcement of applicable penalties outlined in this section.
  6. Determining the number of signs.
    1. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign.
    2. A two (2) sided or multi-sided sign shall be regarded as one (1) sign so long as:
      1. With respect to a V-type sign, the two (2) sides are at no point separated by a distance that exceeds five feet (5'); and
      2. With respect to double-faced (back-to-back) signs, the distance between the backs of each face of the sign does not exceed three feet (3').
  7. Computation of sign area.
    1. The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight (8) straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.
    2. If the sign consists of more than one (1) section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.
    3. With respect to two (2) sided, multi-sided, or three (3) dimensional signs, the sign surface area shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one (1) time by a person from one (1) vantage point. Without otherwise limiting the generality of the foregoing:
      1. The sign surface area of a double-faced, back-to-back sign shall be calculated by using the area of only one (1) side of such sign, so long as the distance between the backs of such signs does not exceed eighteen inches (18").
      2. The sign surface area of a double-faced sign constructed in the form of a "V" shall be calculated by using the area of only one (1) side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed thirty (30) degrees and at no point does the distance between the backs of such sides exceed five feet (5').
  8. Total sign surface area for all signs.
    1. Unless otherwise provided in this section, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs except temporary signs shall be included in this calculation.
    2. Unless otherwise provided in this section, the maximum, permanent sign surface area permitted on any lot in any residential district is four (4) square feet.
    3. Subject to the other provisions of this section, the maximum sign surface area permitted on any lot in a commercial land use, other than the Business and Transportation District or the Industrial Zone District, shall be determined as follows:
      1. There may be not more than one-half (1/2) square feet of sign surface area per linear foot of lot street frontage up to two hundred feet (200') of frontage.
      2. There may be up to three quarters (3/4) square feet of additional sign surface area per linear foot of lot street frontage in excess of two hundred feet (200').
    4. Subject to the other provisions of this section, the maximum sign surface area on any lot in the Business and Transportation District or the Industrial District shall be determined by multiplying the number of linear feet of street frontage of the lot by one foot (1').
    5. Whenever a lot is situated such that it has no street frontage on any lot boundary and an applicant desires to install on such a lot a sign that is oriented toward a street, then the total sign surface area permitted on that lot shall be sign surface area that would be allowed if the lot boundary closest to the street toward which such sign is to be oriented fronted on such street. The applicant shall be restricted to using only one (1) street and the closest lot boundary to this street for determining the total permitted sign surface area.
    6. The sign surface area of any sign located on a wall of a structure may not exceed one-third (1/3) or thirty-three percent (33%) of the total surface area of the wall on which the sign is located. If a wall painting is depicted with any advertisement (i.e., business name) then a sign permit shall be issued and such a wall painting will be considered as part of the overall signage for that particular development.
    7. The surface area for a marquee or changeable copy sign may not exceed twenty (20) square feet (thirty (30) square feet in the High Intensity Retail and Institutional Zoning Districts). The area of this type of sign does not count against the calculated total sign area for a given property. Only one (1) such sign per development will be allowed.
    8. An Electronic Message Center (EMC) sign is a type of electronically changeable copy sign. For EMC signs see § 14-217(13)(g).
    9. In the case of the retail sale of gasoline, diesel, kerosene, and oil, a product (price) sign may be installed on the freestanding sign or on the building itself. The product sign surface area may not exceed twenty-five (25) square feet. If the product sign is installed on the freestanding sign, a changeable copy sign may not be installed on the same freestanding sign. There shall be only one (1) product sign per individual lot or development. The product sign may not be installed as a separate freestanding sign nor may it be installed as a portable sign.
    10. The sign surface area for a perpendicular sign shall not exceed six (6) square feet in surface area. Each separate tenant space with their own separate entrance shall be allowed one (1) perpendicular sign. One (1) entrance serving more than one (1) tenant space will also be allowed one (1) perpendicular sign at the door entrance.
  9. Freestanding sign surface area.
    1. For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area. For example, wall signs typically have one (1) side. Freestanding signs typically have two (2) sides (back-to-back), although four (4) sided and other multi-sided signs are also common.
    2. In no case may a single side of a freestanding sign exceed fifty (50) square feet in surface area if the lot on which the sign is located has less than two hundred feet (200') of frontage on the street toward which the sign is primarily oriented, seventy-five (75) square feet on lots with two hundred feet (200') of frontage or more, but less than four hundred feet (400') of frontage, and one hundred (100) square feet on lots with four hundred feet (400') or more of frontage.
    3. In the Central Community District, no freestanding sign shall exceed one hundred (100) square feet in surface area.
    4. With respect to freestanding signs that have no discernible sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed for double-sided, freestanding sign.
    5. In the Parkway District, no freestanding sign shall exceed seventy-five (75) square feet in surface area on lots with two hundred (200') feet or more of frontage and no more than fifty (50) square feet on lots with less than two hundred feet (200') of frontage.
    6. In the Industrial Zone, no freestanding sign shall exceed one hundred fifty (150) square feet in surface area. The freestanding sign shall be monument type.
  10. Number of freestanding signs.
    1. Except as authorized by this section, no development (single or multi-tenant) may have more than one (1) freestanding sign.
    2. If a development is located on a corner lot that has at least one hundred feet (100') of frontage on each of the two (2) intersecting public streets, then the development may have not more than one (1) freestanding sign along each side of the development bordered by such streets.
    3. If a development is located on a lot that is bordered by two (2) public streets that do not intersect at the lot's boundaries (double-front lot), then the development may have not more than one (1) freestanding sign on each side of the development bordered by such streets.
    4. A development that has more than five hundred (500) linear feet of frontage or more, and located within the Parkway District along U.S. Highway 321, may have two (2) freestanding signs if the following provisions are met:
      1. Both signs do not collectively exceed seventy-five (75) square feet;
      2. Both signs and their support structures do not exceed ten feet (10') in height;
      3. The two (2) signs are separated by one hundred (100) linear feet as measured from base of sign to base of sign; and
      4. The property must have two (2) or more businesses on the same parcel.
  11. Subdivision and multi-family development entrance signs. Any entrance to a residential subdivision or multi-family development may have no more than two (2) signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen (16) square feet, nor may the total surface area of all such signs located at a single entrance exceed thirty-two (32) square feet, nor may the sign structure exceed a height of eight feet (8') from ground level.
  12. Location and height.
    1. Freestanding ground signs shall observe a minimum setback requirement of ten feet (10') from the property line, and, where feasible, shall observe the setback requirements of this section.
    2. No sign may extend above any parapet or be placed, erected or constructed upon any roof surface with the exception of canopies and roof surfaces with an angle of more than seventy-five (75) degrees measured from the horizontal. Any roof surface with an angle less than seventy-five (75) degrees from horizontal, individual letters may be installed on the roof surface provided the size requirements for the zoning district is met. The individual letters must be installed flush with the roof surface and not bounded by any type framework or additional flat surface such as a background.
    3. No sign attached to a building may project more than twelve inches (12") from the building wall.
      1. No sign or supporting structure may be located in or over any public right-of-way except as authorized by this ordinance. Exception: Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, traffic, directional, or regulatory signs may be erected or installed over public sidewalks.
      2. Perpendicular signs may also be installed in or over public sidewalks as long as the height of the perpendicular sign is a minimum of eight feet (8') or more above the grade of the sidewalk and it does not extend into or occupy more than two-thirds (2/3) the width of the sidewalk as outlined in the International Building Code.
    5. No part of a freestanding ground sign may exceed a height, measured from ground level, of twenty feet (20').
    6. Directory signs may not exceed four (4) square feet in size, be no more than three feet (3') in height, and do not have to meet the required ten feet (10') setback from the right-of-way and/or property line.
  13. Sign illumination and signs containing lights.
    1. Unless otherwise prohibited by this section, signs may be illuminated in accordance with this section.
      1. Perpendicular signs may only be indirectly illuminated.
    2. No sign within one hundred fifty feet (150') of a residential use may be illuminated between the hours of 12:00 A.M. midnight and 6:00 A.M., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential.
    3. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises. String lighting or backlighting techniques in accordance with the definition found in § 14-217(2) may be used for backlighting and is permitted as an indirect/external lighting method and may be used for permanent signage.
    4. Internally illuminated freestanding signs may not be illuminated during hours that the business or enterprise advertised by such sign is not open for business and/or operation. This subsection shall not apply to the following types of signs:
      1. Signs that constitute an integral part of a vending machine, telephone booth, device that indicates time, date, or weather conditions, or similar device whose principal function is not to convey an advertising message; and
      2. Signs that do not exceed two (2) square feet in area and that convey the message that a business or enterprise is open or closed.
        String lighting or backlighting techniques in accordance with the definition found in § 14-217(2) may be used for backlighting and is permitted as an indirect/external lighting method and may be used for permanent signage.
    5. Neon and bare fluorescent light tubes in any form on the exterior of any building or any other structure is prohibited.
    6. No sign may contain or be illuminated by flashing or intermittent lights or lights of changing intensity. Typical "time and temperature" displays are exempt from this requirement.
    7. Electronic Message Center (EMC) signs permitted as changeable copy on-premises business signs shall be allowed subject to the following standards:
      1. EMC signs are allowed in the Business and Transportation High Intensity Retail and Institutional Zoning Districts; as well as in the Central Community Zoning District if located along an arterial roadway as designated on the most recent City of Maryville Major Road Plan; and EMC signs may also be located at public schools and the Blount County Public Library in any zoning district as long as they conform to the EMC sign standards herein.
      2. EMC signs shall be limited to one (1) display per development, regardless of the number of tenants or owners within the project.
      3. The maximum size of an EMC sign display area shall be twenty (20) square feet in the Business and Transportation and Central Community Zoning Districts, and for EMC signs used by public schools and the public library; and thirty (30) square feet in the High Intensity Retail and Institutional Zoning Districts.
      4. The area of an EMC sign does not count against the calculated total sign area for a given property.
      5. EMC signs must hold a constant message for a minimum of sixty (60) seconds. Messages on an EMC sign cannot scroll, be animated, contain moving video images, etc.
      6. EMC signs must be located at least one hundred feet (100') from a residential structure, measured on a straight line from the nearest point on the sign face to the nearest point of the residence.
    8. Any illuminated freestanding sign erected within the corporate limits of Maryville must be installed in accordance with the National Electric Codes and must have a disconnect either installed on or be within sight of such sign and of no more than fifty feet (50') from such sign.
  14. Miscellaneous restrictions and prohibitions.
    1. As provided in the table of permissible uses, no off-premises signs (except those exempted from regulations or from permit requirements) may be located in any district.
    2. No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.
    3. Signs that revolve, rotate, or are animated or utilize movement or apparent movement to attract the attention of the public are prohibited. Unless their movement:
      1. Is not a primary design feature of the sign; and
      2. Is not intended to attract attention to the sign.
        The restriction of this subsection shall not apply to signs indicating the time, date, or weather conditions.
    4. No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.
    5. Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property.
    6. No signs are allowed which are written upon, temporarily or permanently placed upon or attached to a motor vehicle or trailer, which advertise the price of any product or service, or advertise special business events or sales. This provision prohibits the use of an automobile, truck or trailer for on-premises or off-premises advertising. This restriction shall not be construed to prohibit signs on vehicles which carry a firm name, telephone number, address of business, major enterprise, principle products, or service.
    7. No signs shall be allowed on any telecommunication tower or antenna.
    8. Streamers are prohibited.
    9. Animated signs are prohibited.
    10. Pennants are prohibited.
    11. Propellers are prohibited in relation to signs or attention seeking devices.
    12. Off-premises signs, including billboards, are prohibited. However, existing billboards that are grandfathered under state law as pre-existing, nonconforming uses may be replaced with digital billboards of the same or lesser size.
    13. No signs are allowed to exist in the median or right-of-way of any roadway. The city may immediately, and without prior notice, remove a sign erected, placed or maintained in whole or in part on public right-of-way if the sign is not authorized by state law or under the terms of this section. Removed signs will be stored at a City of Maryville facility pending disposal or returned to the rightful owner. The city will exercise ordinary care with such signs while in its possession. If the city removes a sign and the name and address of the owner is reasonably ascertainable, the city will notify the owner about the sign's removal within three (3) working days of the date of the removal and provide the owner information regarding retrieval of the sign. "Reasonably ascertainable" means that the name and mailing address of the owner are displayed on the sign, or a name is displayed on the sign from which the city can readily identify the name and address of the owner. The owner must pay removal costs in order to retrieve a removed sign. The owner will remit the removal cost by cash, cashier's check or money order with ten (10) days from the date of the removal of the sign in order to retrieve the sign. If the owner fails to timely remit the removal costs, the sign will be considered abandoned and may be discarded and disposed of by the city on or after the eleventh day from the date of removal. Any sign owner may declare ownership of a sign at any time between removal and prior disposal.
    14. Banners are prohibited in the City of Maryville except as permitted temporary signs.
    15. Placards are prohibited in the City of Maryville except as permitted temporary signs.
    16. Air inflated displays, including air powered displays, are prohibited at all business and commercial locations. This prohibition does not apply to residential type uses or locations, use on floats for a parade where a permit has been issued by the city or at recreational, festival or authorized events by the city or sponsored by the city.
  15. Maintenance of signs.
    1. All signs and all components thereof including, without limitation, supports, braces, and anchors, shall be kept in a state of good repair.
    2. If the message portion of a sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within thirty (30) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the prohibition on the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent changing a sign.
    3. The area within ten feet (10') of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than five inches (5") in height.
    4. The sign inspector as designated by the city manager shall notify in writing the owner of the sign if the sign is need of maintenance or repair.
  16. Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located:
    1. Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the City of Maryville;
    2. On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located; or
    3. In any area where such trees or shrubs are required to remain.
  17. Nonconforming signs.
    1. Subject to the remaining restrictions of this section, signs that were otherwise lawful on the effective date of this section may be continued only pursuant to rights granted under state law and as provided herein.
    2. No person may increase the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition, nor may illumination be added to any nonconforming sign.
    3. A nonconforming sign may not be moved, replaced, or altered except to bring the sign into complete conformity with this section. This subsection shall not apply to digital billboards which are regulated separately.
    4. If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this section, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value as listed for tax purposes) of the sign so damaged.
    5. The message of a nonconforming sign may be changed so long as this does not create any new nonconformity (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
    6. Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed, within any twelve (12) month period, fifty percent (50%) of the value of such sign. This subsection shall not apply to digital billboards which are regulated separately.
    7. If a nonconforming sign, other than a billboard, advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
    8. If a nonconforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this section or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if:
      1. It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted;
      2. The advertising message it displays becomes illegible in whole or substantial part; or
      3. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
  18. Enforcement of sign regulations. The sign inspector as designated by the City Manager of the City of Maryville shall be responsible for the enforcement of these regulations, including the issuance of permits, as required, for construction and placement of signs.
  19. Digital billboards. Billboards that are existing in the City of Maryville which are grandfathered under state law as pre-existing, nonconforming uses may be replaced at the same location with digital billboards of the same or lesser size. Digital billboards are otherwise prohibited in the City of Maryville. Such digital billboards shall be subject to the following rules and regulations:
    1. The message display shall remain static and fixed for a minimum of eight (8) seconds with a maximum transition time of one (1) second to the next message. Transitions shall not be scrolling, but shall be instantaneous.
    2. Video, continuous scrolling messages, and animation are prohibited.
    3. The minimum spacing is two thousand feet (2,000') between digital billboards measured billboard to billboard on the same side of the street.
    4. No person shall erect, operate, use or maintain a digital billboard without first obtaining and annually renewing a sign permit with the City of Maryville.
    5. Digital billboards must be single-faced with one (1) display area.
    6. Digital billboards must be located at least one hundred feet (100') from any residentially zoned property measured from the closest point of any structural element of the billboard to the residential property line.
    7. Displays on digital billboards cannot have varying light illumination and/or intensity, blinking, bursting, dissolving, distorting, fading, flashing, oscillating, rotating, scrolling, sequencing, shimmering, sparkling, traveling, tracing, twinkling or simulated movement or convey the illusion of movement other than the change of the entire copy of the sign message at one (1) time.
    8. No smoke, steam, or noise shall emanate from the digital billboard.
    9. The light intensity of a digital billboard shall have a monitor to allow it to automatically adjust for natural ambient light conditions.
    10. Owners of digital billboard will coordinate with the City of Maryville to convey real time emergency information such as Amber Alerts or National Disaster Directives.
    11. A digital billboard shall be at the same or lesser height as the billboard it replaces.
    12. A digital billboard shall be stationary and not contain any visible moving parts.
    13. Using industry standards, daytime brightness levels shall be no more than ninety percent (90%) maximum intensity. At night the brightness shall be reduced to no more than twenty percent (20%) of maximum light intensity for an LED (Light Emitting Diode) sign.
    14. Digital billboards shall conform to the standards and specifications outlined in the current adopted building code as amended in the edition most recently adopted by the city.
    15. Digital billboards shall not be lit externally.
    16. Digital billboards can only be placed in the city's High Intensity Retail Zone.
  20. Landmark signage. The Maryville City Council may, by resolution, designate certain existing signs as landmark signs. Upon such a designation, the following will apply:
    1. The sign may be restored and repaired to its original condition.
    2. In restoring or repairing landmark signs, the same color scheme and materials shall be used to an extent practicable in order to replicate the original condition of the sign.
    3. A designated landmark sign shall not count towards any applicable maximum sign allowances.
    4. Restoration or repair of the sign shall not be expanded beyond the original sign area nor shall such sign be lighted.
    5. A sign permit for repair and restoration of a landmark sign is required.
    6. At such time a landmark sign is removed or destroyed by purposeful intent of the property owner, agent or lessee, the landmark designation of such sign shall be rendered null and void. The Maryville City Council may also remove the landmark sign designation upon determination that the sign no longer meets the definition for a landmark sign. (1999 Code, § 14-218, as amended by Ord. #2019-27, Dec. 2019, Ord. #2021-13, April 2021, and Ord. #2022-02, Jan. 2022, modified, as amended by Ord. #2024-02, Feb. 2024)