Legal Documents of Mountain City

The words, terms and phrases set out below, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

1. "Abandoned sign" means a sign that was lawfully erected on the property in conjunction with a particular use, that use having been subsequently discontinued for a period of thirty (30) days or more, or a lawfully erected temporary sign for which the time period allowed for display of the sign has expired.
2. "Animated sign" means any sign or permanent structure that uses movement, projection, or change of lighting, LED, or other electrical impulses to depict action, moving pictures, or create a special effect, other than "reader boards" as defined herein.
3. "Banners, pennants, festoons and balloons" shall mean any sign of fabric or other flexible material including:
   
   1. "Banners" such as cloth, vinyl or plastic material suspended between two (2) poles, a long piece of cloth or other material, often bearing a symbol or slogan, and attached at each end to a pole or hanging from the top of a pole;
   2. "Balloons" such as a gas-filled bag used as a toy or for advertising purposes and not certified by the Federal Aviation Administration for flight such as: a small or large colored bag made of thin rubber, plastic or other flexible material that is inflated with air, helium or other gas and used as a toy, advertisement or decoration;
   3. "Festoons" such as an ornamental chain of flowers, leaves, balloons, inflatable objects, streaming fabric, ribbons or other material hanging or suspended in a loop or curve between two (2) or more points;
   4. "Flags" shall not be considered as banners or pennants under this chapter and are defined separately in this section; and
   5. "Pennants" such as a triangular flag, or other shape flag or series of flags such as those displayed on sporting arenas, ball parks, carnivals and special events for identification and signaling or a small flag or series of flags or streamers suspended by poles or other structures, wires, string or rope.
4. "Billboard(s)." An off-premises outdoor sign which has a flat surface sign space upon which a message, commercial or otherwise, may be posted, painted, or affixed, and which is designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists.
5. "Building marker" means any sign indicating the name of a building or date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material which is architecturally compatible with the building.
6. "Canopy sign" means any sign that is a part of, attached to, or made up of an awning, canopy, or other protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
7. "Commercial message" means any sign wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity.
8. "Community facilities" are churches, schools, daycare centers, nursing homes, funeral homes, orphanages, and parks and recreation facilities which may be located in residential zoning districts.
9. "Construction sign" means a sign conveying information about a building project, such as the name and use of the building being constructed, and the names of architects, engineers, contractors, and other persons involved with the construction project.
10. "Development complex sign" is a freestanding sign identifying a multiple-occupancy development which shares common vehicular access to a major roadway, such as a planned industrial, office park, or commercial complex, or high density residential development which is controlled by a single owner or landlord.
11. "Dilapidated sign" means any sign that is structurally unsound, has defective parts, or is in need of painting or other maintenance.
12. "Directional sign" means a sign, temporary or permanent, erected for or by a governmental entity for purposes of identification, direction or public safety.
13. "Directory sign" means a sign providing orientation within a planned residential development, development complex, or shopping center, listing such information as on-site businesses and other tenants and their respective activities.
14. "Flag" means any fabric or bunting containing distinctive colors, patterns or symbols that is used as a symbol of a government, commercial or noncommercial entity.
15. "Freestanding sign" means any sign supported by structures or supports that are anchored in the ground and that are independent of any building or other structure.
16. "Front facade" means the front elevation of a building that faces the front property line, as recorded on the plat and/or site plan. If a structure is located on a corner parcel, the side which includes the primary entrance shall be considered the front facade. If a structure located on a corner parcel contains a primary entrance on more than one (1) side, the longer side with a primary entrance shall be considered the front facade.
17. "Governmental entity" includes those federal, state, municipal, and county offices which provide purely governmental services to the public. A governmental entity does not include schools or entities which receive governmental funds to provide nongovernmental or quasi-governmental services.
18. "Illegal sign" means any sign which is a prohibited sign or does not comply with the requirements established herein, is not a lawful nonconforming sign and is not exempted by law from the requirements established herein.
19. "Illuminated sign (internally)" means any sign that transmits light through its face or any part thereof.
20. "Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "exit," "loading only," "no trespassing," "no hunting," "phone," "ATM," etc.
21. "Inflatable sign" means any sign that is either expanded to its full dimensions or supported by gases contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.
22. "Marquee sign" means any sign attached to, or made part of, a marquee or other permanent roof-like structure that projects beyond a building face and is not supported from the ground.
23. "Menu board" means a structure primarily designed for the display of menu items and process for the purpose of placing orders for such items in conjunction with a restaurant utilizing drive-through or curbside service.
24. "Monument sign" means a freestanding permanent sign, no higher than six feet (6'), attached flush to the ground without poles or visible supports, and which incorporates a design and materials complementary to the architectural theme of the buildings on the same property.
25. "Noncommercial" means not naming, advertising or calling attention to a business or commercial product, service or activity.
26. "Nonconforming sign or sign structure" means any existing permanent sign or sign structure which does not conform to the provisions of this chapter, but which was lawfully erected and complied with the sign regulations in effect at the time it was erected.
27. "Off-premises sign(s)" means any sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
28. "Painted wall sign" means any sign or display painted directly on any exterior surface, exclusive of window or door glass areas.
29. "Pennant." See definition of "banners, pennants, festoons, and balloons."
30. "Permanent sign" means any sign that is intended for other than temporary use or a limited period. A "permanent sign" is generally affixed or attached to the exterior of a building, or to a pole or other structure, by adhesive or mechanical means, or is otherwise characterized by construction materials, a foundation or anchoring indicative of any intent to display the sign for more than a limited period.
31. "Planned residential development sign" is a sign located at the primary entrance to a residential development as identified on a final site development plan approved by the planning commission which for the purpose of this chapter shall contain the construction of one (1) or more public or private right-of-way.
32. "Political preference sign" means any temporary sign erected on private property for the purpose of supporting a political candidate, stating a position regarding a political issue or similar purpose.
33. "Portable sign" means any sign designed or intended to be readily relocated, and not permanently affixed to the ground or to a structure."Portable signs" include such signs as a sidewalk sign; A-frame sign other than sandwich board sign as defined herein; or any sign attached to or painted on a vehicle or trailer parked and visible from the public right-of-way for more than two (2) consecutive hours or more than four (4) total hours between sunrise and sunset. For the purposes of this chapter, "portable signs" shall not be considered "permanent signs." "Real estate signs" and other temporary signs which are otherwise provided for in this chapter shall not be considered "portable signs" for purposes of this chapter.
34. "Projecting sign" means any sign, other than a wall sign, whose leading edge extends beyond the building or wall to which it is affixed, forming an angle with said building or wall.
35. "Public right-of-way/public way" means a strip of ground dedicated for public use, usually for a public street, public infrastructure and/or waterway. For the purposes of this chapter, such rights-of-way shall be considered to extend a minimum of ten feet (10') from the edge of pavement, or to the dedicated right-of-way boundary, whichever is further.
36. "Reader board" means any sign that displays still images, scrolling images or moving images, including video and animation, utilizing a series or grid of lights that may be changed through electronic means, including cathode ray, light emitting diod (LED) display, plasma screen, liquid crystal display (LCD), fiber optic or other electronic media or technology. Any reader board which changes the display more frequently than once every eight (8) seconds with a maximum change time of two (2) seconds or that allowed under Tennessee Code Annotated, § 54-21-119, as may hereafter be amended or which includes illuminated moving pictures or television type signs shall be considered an animated sign.
37. "Real estate sign" means a temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, lease or sale.
38. "Residential personal identification sign" means any sign that displays the name(s) of persons living at a residence.
39. "Roof line" means the highest horizontal point of the wall visible to the public, excluding any architectural feature which extends above such apparent horizontal roof line if such feature is fully enclosed and considered an integral part of the occupied space, such as an atrium or high ceiling.
40. "Roof sign" means any sign erected wholly or partially above the roof line.
41. "Sandwich board sign" is a double faced temporary sign constructed of two (2) sign faces which are hinged at the top, and open at the base, which the base is placed onto a sidewalk.
42. "Scoreboard" means a structure located within an athletic field, displaying changing scores and related information; provided, however, the scoreboard may also display additional content, including, but not limited to, the names and logos of any sponsors.
43. "Shopping center" means two (2) or more tenants occupying one (1) or more structures on a single parcel of land or a group of adjoining parcels, all of which share common vehicular access to a major roadway. The building or the combination of buildings within the "shopping center" shall have a minimum combined area of fifty thousand (50,000) square feet of ground coverage area. For parcels with less than fifty thousand (50,000) square feet of ground coverage area, see "development complex sign."
44. "Sign" means any device, fixture, placard, or structure that uses color, form, graphic, illumination, symbol, or writing to advertise, announce, or identify a person or entity, or to communicate information of any kind which is visible beyond the boundaries of the lot or parcel of property on which the sign is posted.
45. "Sign administrator" means the person designated by the board of mayor and aldermen as the staff member assigned to oversee the enforcement and interpretation of this chapter.
46. "Sign area" means square foot area enclosed by the perimeter of the sign face. With respect to signs that are composed of individual symbols, letters, figures, illustrations, messages, forms, or panels, sign area shall be considered to include all such components together with their background, surrounding frame, and any "cutouts" or extensions. The sign area shall not include any supporting structure or bracing.
47. "Sign face" means the entire area of a sign upon, against or through which sign copy is placed.
48. "Sign structure" means any structure that supports, has supported, or is capable of supporting a sign, including any decorative cover for the sign structure. This definition shall not include a building, fence, wall, or earthen berm.
49. "Snipe sign" means any sign that is affixed by any means to trees, utility poles, fences or other objects, where the sign does not qualify as an incidental sign allowed pursuant to § 14-405 herein.
50. "Social/special event" for purposes of this chapter, is an event which occurs on a specific date or over a specified time period, but does not include political campaigns.
51. "Subdivision temporary development sign" means any temporary sign for the purpose of advertising the sale of lots and the development of a planned residential development or a development complex sign. The names of participation builders may be included on such signs. For purposes of this chapter, such signs shall not be classified as the same as a construction sign.
52. "Swinging sign" means any sign installed on an arm, mast or similar appendage that is not, in addition, permanently fastened to an adjacent wall or upright pole.
53. "Temporary sign" means any sign that is intended for temporary use and a limited period, as allowed by this chapter. For purposes of this chapter, banners are considered to be temporary signs.
54. "Two sign faces" means any sign constructed on a single set of supports, with messages visible on either side, or a "V" type sign with a common support in the center of the "V."
55. "Wall sign" means any sign, other than a projecting sign, that is attached to or painted on any wall of any building, awning or canopy and projects from the plane of the wall, canopy or awning less than twelve inches (12"). This definition shall not include freestanding wall or multiple sign surfaces.
56. "Window sign" means any sign, graphic, or interior design element placed inside the window or upon the window pane, used to advertise, announce, or identify a person or entity, or to communicate information of any kind, or to draw visual attention to the business or use, and which is visible from the public right-of-way. For purposes of this chapter, "window signs" may be permanent or temporary and are subject to applicable provisions herein. (Ord. #1332, July 2013, as amended by Ord. #1388, Aug. 2014, modified, and Ord. #1860, Nov. 2023)