Wilder Municipal Code. Title 9, Chapter 16 WILDER SIGN ORDINANCE

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1 Title 9, Chapter 16 WILDER SIGN ORDINANCE : TITLE: : PURPOSE: : UNIFORM SIGN CODE ADOPTED: : DEFINITIONS: : PROHIBITED SIGNS: : EXEMPTED SIGNS: : NONCONFORMING SIGNS: : GENERAL PROVISIONS AND REQUIREMENTS: : RESIDENTIAL SIGNAGE REQUIREMENTS: : COMMERCIAL (C) AND COMMERCIAL/INDUSTRIAL (CI) SIGNAGE REQUIREMENTS: : REGULATIONS ALONG HIGHWAYS AND INTERSTATES: : ADMINISTRATION AND ENFORCEMENT: : TITLE: This chapter may be known and cited as the WILDER SIGN ORDINANCE : PURPOSE: The purpose of this chapter is to promote the health, safety and welfare of the residents, property owners and persons found and traveling within and through the city of Wilder and in that regard to establish standards to facilitate traffic safety, aesthetics within the city, compatibility with adjacent land uses, stewardship of signs once established, and to facilitate public safety in sign placement and construction in all the zoned districts within the city. Specific standards contained within this chapter are meant to: A. Ensure that signs erected within the city are constructed of safe, durable materials and secured in a manner adequate to withstand physical stresses. B. Eliminate possible confusion or conflict between commercial signage and traffic control signals, signs or devices. C. Reduce the potential visual obstruction signs may cause to the view of pedestrians, visibility of other signs and building facades when such signs are inappropriately located or designed : UNIFORM SIGN CODE ADOPTED: The uniform sign code, current edition, is hereby adopted to supplement the standards set forth in this chapter. If any conflict exists between these standards and the uniform sign code these standards shall govern. All signs allowed, including those which do not require permits, must be in conformance with the uniform sign code and all other applicable building codes and city regulations. 1

2 9-16-4: DEFINITIONS: BLANKETING: The partial or complete obscuring of the face of one sign by another. DISPLAY: The visual information shown on a sign, including text, graphics, pictures, lights and background. SIGN: Any communication device intended to attract attention to and advertise a business, service, activity or product. Such definition includes any letters, figures, symbols, trademarks or other copy meant to aid in such advertisement. A sign is not considered to be a building. This definition includes, but is not limited to, the following signs: Combination: A sign incorporating any combination of the features of ground, projecting and roof signs. Construction: An informational sign which identifies the architect, engineers, contractors, and other individuals of firms involved with the construction of a building, or announcing the character of the building or enterprise or even future tenants, which is erected during the building construction period. Directional, Off Premises: Off premises signs designated to guide and direct pedestrians and vehicular traffic to an area, places of business or convenience. Directional, On Premises: On premises signs designated to guide or direct pedestrians or vehicular traffic to an area, places of business or convenience. Electric: Any sign containing electrical wiring, but not including signs illuminated by an exterior light source (e.g., a floodlight). Electric Changing Or Flashing Sign: A sign containing a display that can be changed by electrical, electronic and/or a computerized process. Fin: A sign which is supported wholly by a one-story building of an open air business, or by poles placed in the ground, or partly by such pole or poles and partly by a building or structure. Flashing Sign/Display: A sign display that appears for less than one and one-half (11/2) consecutive seconds. Floodlighted (Indirect Light): A sign illuminated only by devices which reflect or project light upon it. Ground Or Freestanding: A billboard or similar type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a "combination", "fin" or pole sign, as defined by this definition. 2

3 Height (Of Sign): The vertical distance from the ground underneath a sign to the highest point of a sign or any vertical projection thereof, including its support columns, or the vertical distance from the relative ground level in the immediate vicinity. Home Occupation: A sign advertising any occupation or profession or home occupation being run in a single-family residential unit or apartment as a home occupation. Illuminated: A sign which has characters, figures, designs or outlines illuminated by incandescent lamps or luminous tubes on the surface of or in the interior of the sign with transparencies which allow light to come to the exterior of the sign. Inflatable Object: An inflatable object larger than eighteen inches (18") in diameter, such as a blimp, large air balloon or inflatable sports equipment, used to attract attention to a special event or grand opening. Marquee or Canopy: A sign which is attached parallel to the faces of or suspended below the ceiling or roof of a marquee or canopy, except signs painted directly on the outward face of the marquee, canopy or awning. Monument: A ground mounted fixed sign with a base of solid construction (which base is not included in the calculation of sign area). While still considered a form of "freestanding" sign, it is distinct from a pole sign as it lacks one or more support poles but rather is a polygon form (e.g., a rectangle) mounted directly on top of another polygon form. Nameplate: A sign indicating the name of or person(s) residing in the premises. Nonconforming: A sign which does not conform to the regulations of this chapter. Off Premises: A sign that advertises a business, activity, use, merchandise, product or service located more than two hundred feet (200') from the building and located off the immediate property served by the sign, including billboard type signs. On Premises (Business): A sign that advertises a business, activity, use, merchandise, product or service located within two hundred feet (200') of the building and located on the immediate property served by the sign. Opaque Faced: A sign whose background is nontransparent or nontranslucent with only its letters, figures, symbols, trademarks, or other copy meant to aid in such advertisement, lighted. Permanent or Permanently Affixed: A sign which is designed and constructed to resist the wind and seismic forces specified in the "design and construction" chapter of the current edition of the uniform sign code whose supporting structure is set firmly in or below the ground surface. This definition includes signs attached to buildings and signs 3

4 attached to poles and/or bases placed in the ground. This does not include portable signs attached to structures and/or bases set on the ground. Portable Sign: A-frame (sandwich), sidewalk, curb and reader board signs that are not permanently affixed to a structure or the ground and may be moved from place to place intended to be displayed for a temporary period of time. Projecting: A sign, other than a wall sign, which projects from and is supported by and attached to a wall of a building or structure. Reader Board: A sign display which is characterized by copy or illustration which may be modified/replaced at periodic intervals, regardless of the method. Real Estate: Any sign pertaining to the sale, lease or rental of land or buildings. Roof: A sign erected upon or above a roof, canopy, porte cochere, or parapet of a building or structure. Scrolling: The vertical movement of a static message or display on an electronic sign. Subdivision: Signs used to identify a subdivision of residential, commercial, industrial or agricultural nature. Temporary: A sign that is not permanently affixed and may be moved from place to place, including all devices such as banners, pennants, flags, searchlights, balloons or other air or gas filled figures as well as A-frame (sandwich), sidewalk, curb and reader board signs intended to be displayed for a limited period of time. Traveling: The horizontal movement of a static message or display on an electronic sign. Wall: Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, including signs painted directly on the face of a wall. Window: Any interior structural sign placed inside or upon an outward facing window surface of a building or structure and directed to be viewed from the exterior. SIGN AREA: The entire area of a sign on which copy is to be placed (signs with advertising display surfaces on both sides facing in opposite directions shall be considered as 1 sign). The structure supporting the sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module/cabinet or background containing the advertising copy or graphic symbols. Sign area includes only one face of a double faced sign where the faces of the sign are parallel. If any face is offset from parallel by more than five degrees (5 ), such face shall be counted as a separate sign surface. Surface area of a sign with more than two 4

5 (2) faces, such as a cube or pyramid, shall be calculated as the sum of the surface areas of all faces, divided by two (2). In the event of an irregular, three-dimensional object that serves as signage, where the surface area is not readily measurable, the surface area shall be calculated by the largest area of the three-dimensional object visible from any one viewing angle. SIGN STRUCTURE: Any structure which supports, has supported or is capable of supporting a sign. A sign structure may be a single pole or may or may not be an integral part of a building. STATIC (DISPLAY): Sign graphics, copy, display, etc., that are not moving but rather at rest, inactive or stationary. VISION TRIANGLE: That area defined by measuring from the intersection of the edges of two (2) adjacent roadways, forty feet (40') along each projected future curb line and connecting the two (2) points with a straight line : PROHIBITED SIGNS: The following types of signs are prohibited except as otherwise provided by this chapter: A. Miscellaneous Banners And Posters: Banners, flags, portable temporary signs, pennants or posters which are visible from a public right of way and are tacked, nailed, pasted, posted, painted, chained or attached in any way to any curb, telephone pole, newspaper or similar stand, mailbox, traffic sign, bus bench, electric light or power pole, traffic signal pole, building wall, fence, post, fire hydrant, or tree. This prohibition shall include all signs placed on or in public property or the public right of way without first obtaining written consent from the public works director of the city of Wilder. B. Off Premises Advertising Signs (Billboards): New billboards, whether poster panels or painted bulletins, after the effective date hereof shall not be allowed. C. Hazardous Or Unsafe Signs: Any sign that, in the opinion of the building official, public works director, or city engineer, creates a hazard to vehicular or pedestrian traffic or a hazard to the public in general, including, but not limited to, the following reasons: 1. Design and construction. 2. Similarity to or causing confusion with or obstruction of official traffic signs. 3. Location which creates a vehicular or pedestrian hazard or is within a public right of way. D. Abandoned Signs: Signs located on property which becomes vacant and unoccupied for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies. 5

6 E. Unsightly Signs: Any sign which is in whole or in part weak, unsafe or constructed of broken, unsightly, inferior or old, worn material : EXEMPTED SIGNS: The following signs are exempt from the provisions of this chapter except for those provisions related to traffic safety and regulation of signs within the public right of way: A. Construction signs having an area not in excess of fifty (50) square feet, provided that such signs are erected no more than sixty (60) days prior to the construction, are confined to the site of construction, and are removed not more than thirty (30) days after completion and prior to occupancy. B. Direction or instructional signs which do not advertise a business, but which identify restrooms, public telephones, walkways or signs providing direction such as parking lot entrance and exit signs and those of similar nature. C. Governmental signs for traffic control, for direction to public facilities, or for regulatory notice, warning, or other public purposes. D. Holiday decorations and signs of a decorative nature, incidental and commonly associated with any national, local or religious holiday, provided vision triangles are maintained. E. House numbers, nameplates, "no trespassing", "beware of dog" or "no dumping" signs. F. Memorial tablets or tablets containing the name, date erected and use of buildings, when built into the walls of the buildings and constructed of bronze, brass, marble, stone or other noncombustible materials. G. Standard real estate signs provided they are removed within seven (7) days of the sale, rental or lease of the subject property. H. Window signs, except in residential zones, provided the total copy area of such signs occupies no more than twenty five percent (25%) of the total window area. I. Political signs, provided such signs shall be posted no more than sixty (60) days before an election, removed within two (2) weeks following election day, not be destructive to public property upon posting or removal, not posted in any public right of way or on any utility pole, and that vision triangles are maintained. J. Picket signs, provided they are hand carried. K. Private traffic signs such as are reasonably necessary to direct traffic on private property and that comply with the size parameters set forth in the most recent edition of the uniform traffic control manual. 6

7 L. Temporary signs pertaining to drives or events of civic, philanthropic, educational or religious organizations provided said signs are not placed more than thirty (30) days prior and removed within seven (7) days of the end of the drive or event. M. Other "temporary" business signs, as defined under section of this chapter, not exceeding three feet (3') in height or more than three feet (3') in width. Not more than one such sign shall be permitted per business, and such signs shall only be displayed during regular business hours, shall not interfere with vision triangles, and shall not be located on sidewalks, streets, or other public rights of way : NONCONFORMING SIGNS: Nonconforming signs shall not be replaced, relocated or be structurally altered unless every portion of such sign is made to conform to all city regulations governing signage. A. Schedule of Amortization: Signs not in conformance with the requirements of this chapter but which met requirements in effect at the time of their installation shall be amortized. Thus, such signs shall be removed or made code compliant (including being removed from any city right of way) at such time as the use of the structure and/or property to which such signs are pertinent is developed, changed, or expanded : GENERAL PROVISIONS AND REQUIREMENTS: The following shall apply to signs in all zoning districts: A. Location: All signs shall be and are required to be located on private property except as otherwise herein specified. No signs (whether permanent or temporary) shall be placed within any utility or access easement or public right of way (or projected future right of way area as determined by the public works director and the city engineer). B. Projection Over Public Right Of Way: Permanent sign and sign structures may, to a limited extent, project over right of way (or future right of way where known or determined by the city engineer) only with approval from the city, provided that: 1. No permanent sign or sign structure shall project over or past the curb line of a public or private street where said sign is proposed to be located within fifty feet (50') of the intersection of the existing curb lines (or projected future curb lines) of two (2) intersecting streets. 2. Permanent signs proposed to be located more than fifty feet (50') away from an intersection may project over the public right of way. They shall not, however, project beyond two feet (2') of a line/plane drawn perpendicularly upward from the back of an existing curb line (or a projected future curb line as determined by the public works director and 7

8 the city engineer), or more than six feet (6') over the public right of way in any event. 3. In order to allow any projection over the public right of way it must be determined by the city engineer that said projection shall not constitute a future traffic hazard or conflict with existing or future utilities or street signing. 4. Any signs that project over public right of way shall provide at least twelve feet (12') of clearance from a sidewalk or finished grade underneath the sign cabinet, except that the bottom of a marquee or awning may be eight feet (8') from/above the top surface of a sidewalk, or, absent a sidewalk or similar walkway, eight feet (8') over the finished grade. 5. As noted in this chapter, no person shall construct, erect, alter, repair, paint or remove any sign or sign structure of any design or description which is now or may hereafter be erected within three feet (3') of or on or over any public sidewalk, street or alley right of way, and no sign permit shall be issued unless said person shall have on file with the planning department, a public liability policy of insurance or surety bond providing limits of not less than twenty five thousand dollars ($25,000.00) on account of injury to or death of one person, and not less than fifty thousand dollars ($50,000.00) on account of injury to or death of two (2) or more persons in any accident. The policy of insurance or surety bond shall be conditioned on and save harmless the city and its officers, agents, servants and employees against any and all damages, losses, claims and demands, expenses and costs on account of any accident. C. Vision Triangle: No sign shall be located in a vision triangle of an intersection of public streets, a private service drive, driveway or private street into a public street or other private service drive, driveway or private street unless an exception is granted in accordance with other applicable city ordinances. D. Blanketing of Signs: To prevent blanketing of signs, signs that will be erected in the same horizontal plane with other signs must be reviewed and approved by the public works director to ensure spacing sufficient to prevent blanketing. E. Highway Signs: Signs along highways shall conform to federal and state transportation department regulations as well as city standards. Notwithstanding, applicants are responsible for ensuring their compliance with any federal or state regulations as the city will not evaluate signs in accordance with those entities' rules. F. Sign Maintenance and Repair: Nothing in this chapter shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a good state of repair. Ground area surrounding freestanding signs shall be kept free of rubbish and weeds. 8

9 G. Electronic Changing Or Flashing Signs (Including Message Centers): Electronic message center and display signs (including LED signs) that are changing or flashing types may be allowed in commercial and industrial zones in accordance with the following restrictions: 1. The display/message of an electronic reader board sign shall remain static for at least one and one-half (11/2) seconds. The display of a changing LED type billboard sign shall remain static for at least eight (8) seconds. 2. The display of any electronic sign shall not, or shall not appear to, flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights; the display shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray movement or animation as it comes onto, is displayed on, or leaves the signboard. 3. Scrolling or traveling of a static display onto an electronic reader board sign from one direction only per display shall be allowed. A change of display must not take longer than one and one-half (11/2) seconds to accomplish in the case of LED billboards and such signs shall also feature a default, static image that will be displayed in the event of malfunction or absence of advertiser paid messages. 4. The display may be of a classic nature having a dark background and copy lit in a white, amber or red shade and/or may be full color. 5. All electronic reader board signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions so as to minimize and keep consistent sign brightness. Direct light sources shall not, in any event, exceed forty (40) watts or sixty (60) milliamps. Full color LED billboards featuring full color display shall not exceed seven thousand (7,000) NITS between seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. and two thousand five hundred (2,500) NITS from eleven o'clock (11:00) P.M. to seven o'clock (7:00) A.M. 6. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. 7. Electronic signs shall not be allowed within or in association with any dwelling or home occupation. 8. Businesses, churches or schools are allowed electronic reader board type signs provided that they comply with the standards of this section. 9. Electronic sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with city codes and that the owner or operator shall provide proof of such conformance upon request of the city. 10. Electronic display or electronic message reader board signs shall not be used as off premises directional signs : RESIDENTIAL SIGNAGE REQUIREMENTS: The following are signage regulations for residential zoning districts within the city: 9

10 A. Home Occupation: One home occupation sign may be allowed. Such sign shall not exceed four (4) square feet in area, shall be nonilluminated, and shall be mounted flat against the wall of the principal building. B. Real Estate: One real estate sign advertising the sale, rental, or lease of a property may be maintained on a parcel. The sign shall not exceed six (6) square feet in area, shall not be illuminated, and must be located such that it does not impede vehicular or pedestrian traffic. C. Multiple Dwellings: For multiple dwellings on a parcel (such as apartment buildings and duplexes) one sign shall be allowed. The sign shall not exceed twenty four (24) square feet in area, shall not be illuminated, and must be located such that it does not impede vehicular or pedestrian traffic : COMMERCIAL (C) AND COMMERCIAL/INDUSTRIAL (CI) SIGNAGE REQUIREMENTS: The following are signage regulations for commercial and commercial/industrial zoning districts within the city. A. Size: A total sign area of one and one-half (11/2) square feet for each linear foot of building frontage or one-half (1/2) square foot for each linear foot of property frontage, whichever results in the larger sign area, but the maximum total area of all permitted signs shall not exceed two hundred (200) square feet. B. Real Estate: One real estate sign advertising the sale, rental, or lease of a property may be maintained on a parcel. The sign shall not exceed thirty two (32) square feet in area, shall not be illuminated, and must be located such that it does not impede vehicular or pedestrian traffic : REGULATIONS ALONG HIGHWAYS AND INTERSTATES: All outdoor advertising along Highway 95 (otherwise know as 5th Street) and Highway 19 (otherwise known as Simplot Blvd.) must adhere to Idaho Administrative Rules, IDAPA 39, Title 03, Chapter : ADMINISTRATION AND ENFORCEMENT: A. Permits Required: Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, move, construct, alter or enlarge any sign without first obtaining a sign permit. A separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. A permit shall not be required to change the copy or message on a painted or printed sign or for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, provided the sign or sign structure is not altered in any way. 10

11 If work authorized under a permit has not been completed within one hundred eighty (180) days after the date of issuance, said permit shall become null and void. Permits are nontransferable. B. Application for Permit: Application for a sign permit shall be made upon forms furnished by the city clerk and shall be accompanied by such information as may be required to ensure compliance with all appropriate laws and regulations of the city. Sign applications shall be accompanied by an elevation drawing, footing design and connection details illustration set for any and all freestanding and monument signs. Structural engineering calculations for any freestanding or monument signs that are over fifteen feet (15') in height shall also be required. An elevation and connection specification drawing and specifications sheet shall be required for all attached wall signs. (Freestanding and monument signs shall be designed so as to resist a 90 mile per hour wind load.) C. Fees: Sign permit applications shall be accompanied by fees as established by council resolution. D. Inspection and Maintenance: The public works director and his duly authorized representatives are authorized and directed to enforce all the provisions of this chapter and for such purposes shall have the powers of law enforcement officers. Upon presentation of proper credentials, enforcement officers may enter at reasonable times any building, structure or premises in the city to make inspection of a sign, its structural and electrical connections and to ensure compliance with any of the provisions of this chapter, including repair or structural alteration for safety of signs which present a hazard to the public. E. Enforcement: Upon finding that a sign is in violation of any of the provisions of this chapter or endangers public safety, enforcement officers may declare the sign illegal and that such sign constitutes an infraction. The public works director shall provide the owner written notice that the sign has been declared unlawful, specifying the reasons why the sign is unlawful and ordering that the sign be repaired, modified or removed within a reasonable time. Failure to remedy the violation within ten (10) working days shall constitute an infraction. Continuing failure to remedy the violation within thirty (30) days shall constitute a misdemeanor. The city may also declare a sign in violation a nuisance and proceed under the nuisance abatement provisions of this code. The city shall have the right to immediately remove and dispose of any signs found illegally located within public property or public right of way. Owners of said signs illegally placed within public property or public right of way shall not be entitled to notice pending removal and disposal of said signs. F. Appeals: Appeals from any decision, requirement or interpretation made by the public works director, or the director's duly authorized representatives, in the 11

12 enforcement of this chapter shall be governed by the city of Wilder administrative procedures act. Such appeals must be made within thirty (30) days from the date of such action by filing the same with the city clerk. (Ord. 583, Amended, 10/11/2011; Ord. 572, Enacted, 6/8/2010) 12