This chapter shall be known as the CITY OF ASHTON SIGN CODE ORDINANCE and may be so cited and pleaded. (Ord. 459-13, 2013)

This chapter regulates signs which are visible from streets or which are visible from one site to another. The purpose of this chapter is to provide reasonable and necessary regulations for the design, construction, placement and maintenance of signs in order to protect the public health, safety and general welfare of the community. The regulations for signs have the following specific objectives:

   A.   To ensure that signs are designed, constructed, installed and maintained to assure public and traffic safety;

   B.   To reflect and support the desired character and development patterns of the community;

   C.   To provide for adequate and effective signs without dominating the visual landscape;

   D.   To balance the needs of business with the desire to preserve and enhance the visual character of the city; and

   E.   To promote and enhance the city's development as a regional center for business and recreation.

The regulations allow for a variety of sign types and sizes. The sign standards are intended to allow for signs with adequate visibility to streets that abut the site, but not necessarily to streets farther away. (Ord. 459-13, 2013)

As used in this chapter, words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; unless the context clearly indicates the contrary. The word "shall" is mandatory and not discretionary; the word "may" is permissive; and the term "this chapter" shall mean the text of this chapter and all accompanying attachments and amendments. As used in this chapter, unless the context requires otherwise, the following words and phrases shall mean:

ABANDONED SIGN: A sign for which there is no valid sign permit or a sign structure without a sign face for more than ninety (90) days and which no application exists.

ACCESSORY USE: A use or activity, such as vending merchants, coffee stands and similar uses that is a subordinate part of the primary use on a developed lot. In general, the primary use of the site is not carried on in an accessory structure. An accessory structure may be attached or detached.

ALTERATION: The modification of the size, shape, or height of a sign, also includes replacement of sign structure materials with other comparable materials, such as the replacement of wood parts with metal parts. This does not include normal maintenance and repair of an existing sign.

ANIMATED SIGN: Any sign that incorporates movement by electric, mechanical or kinetic means, including, but not limited to: rotation, revolving or wind activation of all or a portion of sign; or incorporating flashing or intermittent light for sign illumination, including rotating or intermittent lighting in windows and on buildings. This definition does not include time, date and/or temperature signs as defined in this section.

AWNING SIGN: Any sign or graphic, which is displayed on or is part of a fabric or other structural awning.

BANNER: A sign made of any lightweight, nonrigid material such as plastic, fabric, or other flexible material with no enclosing framework.

BILLBOARDS: Only those freestanding sign structures below, which were in existence in October 2008:

City Of Ashton Billboard Inventory

         October 2008

Ashton Seed Growers located on Hwy 20 N.

Les Schwab located on Hwy 20 S.

Ott's Place located on Hwy 20 S.

BUILDING DIRECTORY SIGN: A sign designed to be read on premises and providing the name, address number or location of the occupants of a building or buildings.

BUSINESS COMPLEX: A development on one lot with three (3) or more business tenants located on the lot or in a building that is a minimum of thirty thousand (30,000) gross square feet. Business complex tenants include retail shops, executive or administrative services, medical services, restaurants, professional offices, personal services establishments, and similar uses.

CANOPY ROOF: A permanent, decorative porch or walkway cover other than an awning, which is attached to a building or is detached.

CANOPY SIGN: Any sign or graphic displayed on a canopy.

CLEAR VISION AREA: The area in which no sign, structure or device is permitted to dangerously limit the visibility of persons in motor vehicles on streets or alleys as defined by the city zoning ordinance.

COPY: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other business activity.

DIRECTIONAL SIGN: An on premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, telephone or similar place, service or route.

DOMINANT FACADE: That portion of a building facade providing the primary public entrance, which may or may not face the public street. For businesses located on the interior of a building or above the first story of a building, the building elevation providing public access shall be considered the dominant facade.

FREESTANDING SIGN: A sign erected on a freestanding frame and not attached to any building. Ground mounted, monument and pole signs are specific types of freestanding signs and are further described below:

Ground Mounted Sign: A freestanding sign with a twelve inch (12") minimum vertical solid base directly and continuously connected to at least fifty percent (50%) of the sign face width or, is borne by two (2) or more supports which are a minimum of twelve inches (12") but less than eight feet (8') above grade.

Monument Sign: A freestanding sign that has a solid supporting base equal to or greater than the width of the sign face, generally made of stone or concrete. The supporting base shall be a minimum twelve inch (12") vertical height.

Pole Sign: A freestanding sign connected to the ground by one or more supports, where any portion of the lower edge of the sign device is separated vertically from the ground by air a minimum distance of twenty four inches (24") in height and maximum distance of eight feet (8').

GRADE, FINISHED: The curb line or in the absence of a curb line, the edges of the street pavement of the primary access street frontage for all freestanding signs. Finished grade for signs mounted on buildings shall be the sidewalk, alley or ground directly below said sign.

GRAPHIC OR MURAL: Any painted design, colored bands, stripes, patterns, outlines or other graphic art techniques, excluding exposed illumination such as neon and fiber optics, installed or painted on a building.

HEIGHT, SIGN: The vertical distance from finished grade to the top of the highest attached component of the freestanding sign. Any berming, filling or excavating for the purpose of placing the sign shall be computed as part of the sign height. All other signs shall be measured from the lowest element of the sign to the highest element of the sign, including decorative elements.

ILLEGAL NONCONFORMING SIGN: A sign not in conformance with the city of Ashton sign code ordinance adopted October 8, 2008.

ILLUMINATED SIGN: A sign, which contains or consists of lights or a light source further described below:

Exposed Illumination: Bare bulbs as a light source.

External Illumination: An external light source directed to illuminate the exterior surface of the sign.

Internal Illumination: A source of illumination from within a sign.

Opaque: Any material which does not allow light to pass through it.

Translucent: Any material which allows light to pass through it but is not transparent.

LOT: A legally created parcel of land of a size, which meets zoning requirements and allows for setbacks, yards and other open spaces as required by city zoning regulations.

MODEL: Any three-dimensional object displayed for advertising purposes including, but not limited to, graphics, logos, models of people, bottles, animals, buildings, ships, and aircraft; sculpture; vehicles; hot air balloons.

MULTIPLE-TENANT SIGN: A sign structure that identifies either through the use of sign faces or panels more than two (2) businesses located within the shopping center, business complex, etc.

NONCONFORMING SIGN: An existing sign, lawful at the time it was erected, but which does not conform to the requirements of this code.

PERMANENT SIGN: Any sign intended to be used for a period greater than one hundred eighty (180) consecutive days.

PRINCIPAL IDENTITY SIGN: A freestanding sign, which identifies the principal use conducted on the lot where the sign is located.

PRINCIPAL USE: Any commercial or industrial enterprise or public or private nonprofit entity or business as allowed by the city of Ashton zoning ordinance.

PRINCIPAL USE BUILDING: The building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings. Storage buildings, garages and other accessory structures or uses shall not be considered as the principal use building.

PROJECTING SIGN: A sign attached to and projecting from a structure, building or wall and is perpendicular to the building or wall.

ROOF SIGN: A sign, which is affixed on the slope of the roof or projects higher than the roofline or roof eave.

ROOFLINE: The top edge of a roof or building parapet; excluding any cupolas, chimneys, or other projections.

SETBACK: The horizontal distance from the property line to the sign, measured at the closest points of each other.

SIGN: All or part of any object, structure or device intended to be viewed by the public for advertisement or identification of a business, location, object, person, institution, organization, product, service or event by means including words, pictures, logos, symbols, colors, motion, illumination or projected images. This definition includes the face upon which a sign message is displayed and any freestanding structure for the display of signs.

SIGN AREA: The total area used for the display of a sign as defined in this section. See section 17.76.110, "Measurements", of this chapter to determine the sign area for specific types of signs.

SIGN DISTRICT: A specified boundary within the city, as designated by the city of Ashton's zoning districts.

SIGN MAINTENANCE: The normal care needed to keep a sign functional, such as cleaning, painting, oiling, changing the light bulbs, and fixing or replacing broken or worn parts. Repairs may be made with the sign in position or with the sign removed.

STREET FRONTAGE: The width of a legal lot measured along the line separating the lot from a street.

SUSPENDED SIGN: A sign, which is attached to the underside of a canopy or awning and is supported by the canopy or awning.

TEMPORARY SIGN: Any sign that is not a permanent sign. Temporary signs include, but are not limited to, signs designed to be transported, including signs with wheels; signs supported by A- or T-frames; balloons used as signs, pennants, and banners.

TIME, DATE AND/OR TEMPERATURE SIGN: A sign that displays the current time, date and/or temperature.

WALL SIGN: Any sign painted on or attached parallel to and within twelve inches (12") of a building wall.

WINDOW SIGN: A sign, which is attached to, painted on, or etched on a window. This definition also includes door signs.

(Ord. 459-13, 2013)

   A.   Sign Permits Required: To ensure compliance with the regulations of this chapter, a sign permit shall be required for the following:

      1.   All existing signs.

      2.   All new signs.

      3.   Alterations to an existing sign.

      4.   Any relocation of a sign.

      5.   Works of art, graphics and murals on a building.

   B.   Sign Standards: The sign standards provided in this chapter are intended to apply to signs in each zoning district in the city. Only signs authorized by this chapter shall be allowed.

   C.   District Boundary: The location of a boundary line in each zoning district shall follow the following guidelines:

      1.   A district boundary line shall be located at the centerline of a public street or alley right of way or shall be one lot deep.

      2.   In cases where a lot has more than one zoning district abutting the lot, the placement and orientation of the principal identity sign shall determine the zoning district regulations that apply. In cases where no principal identity sign is installed, the dominant zoning district shall be determined to be that zoning district where the dominant building facade faces. (Ord. 459-13, 2013)

The following signs shall be allowed in all zoning districts and are exempt from permits but may be subject to regulations. These exemptions shall not relieve the sign owner of the responsibilities of sign placement and maintenance, or from other provisions of this chapter or any other law or ordinance regulating the same.

   A.   Flags: Flags mounted on a pole and installed in the ground or on a building are exempt provided that the pole and sign do not exceed the maximum height allowed per the zoning ordinance.

No more than three (3) flags per lot under six (6) acres in size shall be displayed and no more than six (6) flags per lot over six (6) acres in size shall be displayed. There shall be no limit as to the number of United States flags that can be displayed.

   B.   Public Service And Official Signs:

      1.   Official Signs: Official and legal notices required by a court or governmental agency;

      2.   Signs In The Public Right Of Way: Signs that are part of and accessory to bus shelters, transit shelters, pay phones, trash receptacles, and other similar uses.

   C.   Exempt Signs With Size And Number Limitations:

      1.   Affiliation Signs: Signs that provide notices of service (e.g., trade affiliations, credit cards accepted) provided the signs are attached to the structure. Signs or notices shall not exceed one and one-half (11/2) square foot in area for each sign, and no more than three (3) signs are allowed for each building or freestanding sign.

      2.   Changeable Copy Sign: Signs with manually changeable copy/text (e.g., chalkboard) limited to one sign per business not to exceed three (3) square feet in area and shall not be internally illuminated.

      3.   Gasoline Pump Signs: Signs identifying the brand, type, and octane rating provided the signs are not internally illuminated and do not exceed two (2) square feet for each pump face.

      4.   Name Plaques: Commemorative plaques, tables, dates of construction, and the like when carved on stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed two (2) square feet in area and shall not be internally illuminated.

      5.   Neighborhood Watch Signs: Signs located in residential neighborhoods that are designated official neighborhood watch areas and limited to three (3) square feet in area and are not illuminated.

      6.   Site Address For Nonresidential Uses: Limited to two (2) for each street address, subject to the following standards:

         a.   Individual numbers and letters shall be not more than twelve inches (12") in height.

         b.   One address sign may be placed on the principal identity sign structure and one on the principal building and shall face and/or be visible to the primary access street.

      7.   Time, Date And/Or Temperature Signs: Time, date and/or temperature signs provided the sign does not exceed a maximum sign area of ten (10) square feet and shall comply with the placement requirements of section 17.76.130 of this chapter. A time, date and/or temperature sign shall not be permitted in any residential zone (LDRZD and HDRZD).

      8.   Vehicle Oriented Safety And Directional Signs: Signs solely for the purpose of guiding traffic, parking, and loading on private property and limited to four (4) square feet in area and four feet (4') in height. Signs may include the name or logo of the business within a maximum area of two (2) square feet. No other advertising copy or logos shall be allowed.

      9.   Interior Building Signs: Signs that are not legible and/or intended to be legible from the outside of a building. Strobe lights and other flashing lights shall not be construed as an exempt sign or device when such sign or device is visible from the exterior of the building.

      10.   Public Ball Field Fence Signs: Interior fence signs at public ball fields shall not exceed twelve feet (12') in height and are not illuminated.

      11.   Signs For Open Lot Sales: Signs identifying commodities for outdoor sales of commodities such as building materials, vehicles, storage buildings, pickup canopies, manufactured homes, recreational vehicles, and carports provided that the sign is firmly attached to the item. Signs shall not exceed two (2) square feet per sign, one sign per commodity and shall not be illuminated.

   D.   Informational Signs: Small informational signs such as "Open", "Closed", and "Vacancy" signs.

   E.   Exempt Signs Limited By Size And Period Of Display: The following exempt signs shall comply with the provisions of table A of this section.

TABLE A
SIGNS LIMITED BY SIZE AND PERIOD OF DISPLAY - NO PERMIT REQUIRED

 

 

(Ord. 459-13, 2013)

The following temporary signs for a land development project or special event of a limited duration shall be allowed with a permit.

   A.   Land Development Sign: A land development sign shall be allowed on a parcel for a development project provided the sign complies with the following:

      1.   Parcels less than four (4) acres may display one nonilluminated sign up to thirty two (32) square feet in area and eight feet (8') in height.

      2.   Parcels over four (4) acres may display a maximum of two (2) nonilluminated signs, each sign may be up to sixty four (64) square feet in area and eight feet (8') in height.

      3.   The sign may be installed upon issuance of sign permit and removed within seven (7) days after the completion of the development project or within one year of issuance of the permit, whichever occurs first.

   B.   Special Event Sign: A special event sign may be displayed on a lot pertaining to an event occurring on the lot, such as the initial opening of a new business, change in management or other similar events provided the sign complies with the following:

      1.   One nonilluminated sign up to thirty two (32) square feet in area and five feet (5') in height may be displayed per lot.

      2.   A special event sign may be displayed a maximum of sixty (60) continuous days. Special event signs must be removed within seven (7) days of event completion.

      3.   Not more than two (2) special event sign permits shall be issued per lot overlapping in dates of use.

      4.   A special event sign may be a banner or a temporary freestanding sign.

      5.   A special event sign may be placed off site with the permission of the property owner. (Ord. 459-13, 2013)

The following signs or devices are prohibited, and may neither be erected nor maintained:

   A.   Any sign or portion of a sign placed so that it obstructs any fire escape, stairway or standpipe; interferes with exits through any window; obstructs any door or required exit from any building; or obstructs any required light or ventilation.

   B.   Inflatable devices including three-dimensional models.

   C.   Signs attached to or painted on vehicles visible from the public right of way unless the vehicle is used for transport in the normal day to day operations of the business.

   D.   Roof signs.

   E.   Searchlights, spotlights and holograms. This provision shall not prohibit time, date and/or temperature signs as defined in this chapter.

   F.   Signs or structures which may pose a hazard to pedestrians or vehicular traffic, including, but not limited to, signs which obstruct the clear view of pedestrians and drivers, and signs interfering with the effectiveness of traffic signs or signals.

   G.   Signs in the public right of way except those permitted in accordance with this chapter.

   H.   Signs affixed to trees, utility poles, light poles, fences or other similar structures unless otherwise permitted in this chapter.

   I.   Abandoned signs. Abandoned signs as defined within this chapter shall be removed at expiration of the sign permit, or ninety (90) days after closure of the business.

   J.   All other signs that are not expressly exempt from regulation and expressly permitted by this chapter.

   K.   Exposed illumination. (Ord. 459-13, 2013)

The issuance of a sign permit shall be based on plans which demonstrate full compliance with all provisions of this section and other applicable city, state or federal regulations.

   A.   Applications: Applications for all signs covered by this chapter shall be submitted on forms provided by the city. Any sign or graphic, which cannot be clearly defined, shall be administratively assigned to an appropriate sign category and those standards applied. The completed application shall be accompanied by the specified fee and the following information:

      1.   Name and address of the property owner, sign owner, sign manufacturer and sign installer.

      2.   Drawings showing the design, location, content, and dimensions of the sign, including graphics or murals and the design and dimensions of any measures used to support the sign or used to affix the sign to the building or structure.

   B.   Approval And Inspection: After a review of the application shows that the sign meets this chapter, city laws, rules and regulations, state laws, rules and regulations, the applicant shall receive a permit to construct and install the approved sign. The approved sign shall be constructed and installed within six (6) months of the approval date.

   C.   Revocation Of Permits: Sign permits shall be revoked if a sign is found to be in violation of this chapter. Sign permits mistakenly issued in violation of this chapter are void. The sign permit shall be null and void if sign installation is not completed within six (6) months or the signs are not in conformance with the approved permit.

   D.   Appeals: Any decision of the planning and zoning administrator or designee may be appealed within thirty (30) days of the final decision to the city of Ashton planning and zoning commission. A decision of the planning and zoning commission, which shall be made within forty five (45) days of the appeal, shall be final. (Ord. 459-13, 2013)

It shall be unlawful for any person or entity to construct, improve, alter, install, repair or relocate any sign without a permit issued in accordance with this chapter. The city may impose additional requirements deemed necessary to promote the health, safety, and general welfare of the public. Where conditions set forth herein are less restrictive than comparative conditions imposed by any other provision of this chapter, by provision of any other local ordinance, resolution, regulation, or by provision of state statute or administrative regulation, the more restrictive shall govern. (Ord. 459-13, 2013)

Fees for permits and applications shall be set by resolution of the city council. (Ord. 459-13, 2013)

The following criteria shall be used in measuring a sign or building facade in order to determine compliance with this chapter:

   A.   Measurements:

      1.   Sign Area, Freestanding Signs: The sign area shall be the extreme outer dimension of the freestanding structure. The first twelve inches (12") in vertical height of a supporting base are not calculated in the overall sign area.

      2.   Sign Area, Cabinet: The sign area is determined by calculating the measurements of the outer dimensions of the frame or cabinet surrounding the sign or signs.

      3.   Backed (Double Faced) Signs: When two (2) sign faces supported by the same sign structure are placed back to back, or the distance between each sign face does not exceed two feet (2') at any point, the signs shall be regarded as a single sign. The sign area shall be the area of the larger sign.

      4.   Multiple Cabinets: For freestanding and projecting signs that contain multiple cabinets on one structure, the modules together are counted as one sign face in order to compute the sign area.

      5.   Round Or Three-Dimensional Signs: Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters or objects, sculpture, or statuelike trademarks), the sign area shall be measured as their maximum height times maximum width.

      6.   Individual Sign Elements: When signs are constructed of individual elements, the area of all sign elements, which together convey a single, complete message, shall be considered as a single sign. The sign area is determined by calculating the area of an imaginary rectangle drawn around the sign elements. Sign elements will be measured as one unit when the distance between the elements is less than two (2) times the dimension of each element.

      7.   Supporting Framework: Supporting framework or bracing on sign mounted to the building that is clearly incidental to the display itself shall not be computed as sign area.

      8.   Signs On Awnings And Canopies: When signs are incorporated into the awning, or canopy, the sign area is determined by computing the area of an imaginary rectangle drawn around the sign copy including all translucent areas of an illuminated awning or canopy.

   B.   Clearances: Clearances are measured from the finished grade directly below the sign to the bottom of the sign structure.

   C.   Corner Signs: Diagonal corner signs that face more than one street must be assigned to a street frontage by the applicant. The sign must meet all standards for the street frontage it is assigned to. (Ord. 459-13, 2013)

Sign district boundaries are as defined on the zoning district map. (Ord. 459-13, 2013)

Refer to sections 17.76.140, "Standards For Specific Types Of Signs" and 17.76.150, "General Requirements", of this chapter for signs allowed in tables A through D of this section.

TABLE A
SPECIFIC SIGNS PERMITTED IN ZONING DISTRICT HCZD

Primarily a highway commercial use area, applies to all land as set forth in the city of Ashton zoning map corresponding with areas marked HCZD.

 

TABLE B
SPECIFIC SIGNS PERMITTED IN ZONING DISTRICT IZD

Primarily an industrial or commercial use area applies to all land as set forth in the city of Ashton zoning map corresponding with areas marked IZD.

 

TABLE C
SPECIFIC SIGNS PERMITTED IN ZONING DISTRICT CCZD

Primarily the downtown business area, applies to all land as set forth in the city of Ashton zoning map corresponding with areas marked CCZD.

 

TABLE D
SPECIFIC SIGNS PERMITTED IN ZONING
DISTRICT LDRZD AND HDRZD

Primarily a residential use area, applies to all land as set forth in the city of Ashton zoning map corresponding with areas marked LDRZD and HDRZD.

 

(Ord. 459-13, 2013)

   A.   Awning And Canopy Signs: Awning and canopy signs shall be allowed for nonresidential uses. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied. Where allowed by section 17.76.130 of this chapter, awning and canopies shall comply with the following requirements:

      1.   Location: Signs may be placed only on awnings or attached canopies that are located on the sign band of the first story facade, see section 17.76.150 of this chapter. Awnings and canopies shall not interfere with trees or traffic signs.

      2.   Clearance And Projection: The awning or canopy supporting structure shall maintain a clearance of eight feet (8') above a public right of way or finished grade. The valance shall maintain a seven foot (7') clearance. An awning or canopy shall not extend more than five feet (5') from the building or within two feet (2') from the street curb, whichever is less. An awning shall not project above the roofline. Posts or columns beyond the property line will not be permitted.

      3.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   B.   Building Directory Signs: Building directory signs shall be allowed for multi-tenant nonresidential buildings. Where allowed by section 17.76.130 of this chapter, building directory signs shall comply with the following requirements:

      1.   Location: Building directory signs shall be located on the sign band of the first story facade or adjacent to the parking lot, see section 17.76.150 of this chapter. The sign shall not be legible from a public street or right of way.

      2.   Maximum Number, Area And Height: Not more than one freestanding building directory sign shall be displayed per lot. Not more than one wall mounted building directory sign shall be displayed per building. The sign area shall not exceed twenty (20) square feet when installed on a building or thirty two (32) square feet and eight feet (8') in height if freestanding.

      3.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   C.   Drive-Up Menu Board Signs: Drive-up menu board signs shall be allowed for drive-up service oriented businesses only. Where allowed by section 17.76.130 of this chapter, drive-up menu board signs shall comply with the following requirements:

      1.   Location: Wall mounted signs shall be located on the sign band of the first story facade, see section 17.76.150 of this chapter. A freestanding sign shall be adjacent to the building on the lot provided the sign is not legible from a public street or right of way. Accessory uses may display a drive-up menu board sign on the accessory structure only.

      2.   Maximum Number, Area And Height: Not more than two (2) signs shall be displayed per business. When two (2) signs are displayed the maximum sign area allowed for each separate sign is twenty (20) square feet and eight feet (8') in height if freestanding. The maximum sign area for a single sign is forty (40) square feet.

      3.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   D.   Billboards: Where allowed by section 17.76.130 of this chapter, billboard signs shall comply with the following requirements:

      1.   The maximum number of billboards, as described in this section, allowed within the city limits and the city impact area is five (5). The inventory of billboards existing on the date of adoption of this chapter is listed under the definition of "billboards" at section 17.76.030 of this chapter. No new billboard may be erected unless it replaces an existing billboard at a location that is a minimum of one thousand five hundred (1,500) linear feet from any existing billboards. Billboards must have existed within the Ashton city limits or city of Ashton impact area as of October 8, 2008, in order to be included in the maximum number allowed.

      2.   Where applicable, evidence must be provided of a state issued permit in accordance with the Idaho motorists information act of 1971.

      3.   All billboards erected or moved after the effective date hereof shall be located in highway commercial zoned properties only.

      4.   Billboards shall be freestanding on a metal frame and shall not be installed on any building.

      5.   All billboards shall be spaced a minimum of one thousand five hundred (1,500) linear feet apart.

      6.   The sign face shall not exceed the maximum size permitted by the state issued permit or ten and one-half feet (101/2') in vertical height and twenty four feet (24') in horizontal length, whichever is less. Extensions beyond the sign face shall not be permitted.

      7.   The billboard shall not exceed twenty four feet (24') in height, as measured from finished grade, however, if a variance is granted the maximum height shall not exceed thirty five feet (35').

      8.   Internally illuminated and/or animated billboards are prohibited. External illumination shall comply with section 17.76.150 of this chapter. Electrical wiring to the billboard shall be located under ground.

      9.   All billboards erected or moved shall be installed behind the legal setback line of each parcel of property as determined by the zoning ordinance of the city of Ashton.

      10.   All structural supports for billboards shall be constructed of steel.

      11.   Only flat, single faced or double faced billboards shall be permitted. As used in this section, "double faced" means a billboard with two (2) display surfaces visible to traffic from two (2) directions of travel. A "single faced" billboard means a sign with one display surface visible from one direction of travel.

   E.   Principal Identity Sign: Where allowed by section 17.76.130 of this chapter, principal identity signs shall comply with the following requirements:

      1.   Sign Type: A principal identity sign shall be either a monument or ground mounted type sign.

Exception: In zoning districts HCZD, IZD, and CCZD a pole type sign may be permitted. All signs are permitted only in a clear vision area.

      2.   Number: One principal identity sign may be allowed for the principal use conducted on the property, provided the property has a primary access street frontage.

Exception: Two (2) freestanding principal identity signs may be allowed as follows:

         a.   In zoning districts HCZD, IZD, and CCZD only, property with street frontage on two (2) or more streets may install one additional principal identity sign.

      3.   Location: The freestanding sign shall be located and oriented to the principal access street frontage adjoining the public access street.

      4.   Setback: No freestanding sign shall be located within ten feet (10') of a lot line that abuts another lot. Freestanding signs are not permitted in a rear yard setback.

      5.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   F.   Projecting Sign: Where allowed by section 17.76.130 of this chapter, a projecting sign shall comply with the following requirements:

      1.   Location: A projecting sign shall be placed only on the sign band of the first story facade, see section 17.76.150 of this chapter. The sign may not extend above the windowsill of a second story building or above the roof eave and/or roofline.

      2.   Clearance: A minimum clearance of eight feet (8') between the bottom of the sign and the finished grade below the sign is required. At alleys when no curb exists a minimum height of fourteen feet (14') between the bottom of the sign and the finished grade below the sign is required.

      3.   Projection From Wall: Where a building is built to the property line for its entire frontage, the projecting sign may extend from the building over a public sidewalk a maximum of forty two inches (42") and the sign structure shall be no wider than thirty six inches (36").

      4.   Maximum Number: Only one sign shall be allowed per business.

      5.   Supporting Structure: Sign supports and brackets shall be compatible with the design and scale of the sign.

      6.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   G.   Suspended Sign: Where allowed by section 17.76.130 of this chapter, a suspended sign shall comply with the following requirements:

      1.   Location: Suspended signs shall be placed only under an attached awning or canopy on the first story facade for businesses with direct exterior pedestrian access.

      2.   Clearance: A minimum eight foot (8') clearance is required.

      3.   Maximum Number: Only one sign shall be allowed per establishment.

      4.   Lighting: Suspended signs shall not be internally illuminated.

   H.   Wall Sign: Where allowed by section 17.76.130 of this chapter, a wall sign shall comply with the following requirements:

      1.   Location: Wall signs shall only be placed on the sign band of the first story facade, see section 17.76.150 of this chapter. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.

      2.   Projection From Wall: The sign shall not project from the surface upon which it is attached more than required from construction purposes and in no case more than twelve inches (12").

      3.   Lighting: Illumination shall comply with section 17.76.150 of this chapter.

   I.   Window Signs: Where allowed by section 17.76.130 of this chapter, window signs shall comply with the following requirements:

      1.   Location: Window signs shall be allowed in the window of a first and second story building.

      2.   Maximum Number: The number allowed per building shall be as allowed in each zoning district. See section 17.76.130 of this chapter.

      3.   Lighting: Illumination shall comply with section 17.76.150 of this chapter. (Ord. 459-13, 2013)

   A.   Placement:

      1.   All Signs: Except as otherwise allowed, all signs shall be located on the lot where the business is conducted, except in HCZD.

      2.   Building Signs: All signs, including exempt and temporary signs, installed on the building shall be placed on the sign band. A sign band is the continuous portion of the building facade that is unbroken by doors or architectural building features.

   B.   Pedestrian Area Clearance: When a sign extends over a sidewalk, walkway, or other space accessible to pedestrians, the bottom of the sign structure must maintain a minimum eight foot (8') clearance as measured from the bottom of the sign structure to the ground directly below the sign. Exceptions are prohibited.

   C.   Clear Vision Area: A clear vision area is a triangular shaped area located at the intersection of any combination of streets or alleys. The clearance height of the clear vision area is from twenty four inches (24") above grade to eight feet (8') above grade. The sides of the triangle extend as follows:

      1.   In all commercial and industrial zones the minimum distance shall be fifteen feet (15'). However, at the intersection of an alley and a street, the distance shall be ten feet (10').

      2.   In all residential zones, the minimum distance shall be in relationship to street right of way widths as follows, except at intersections of an alley and a street in a residential zone, the minimum distance shall be fifteen feet (15'):

 

 

      3.   The support pole structure for a freestanding sign shall be no greater than a combined total diameter of twelve inches (12").

   D.   Signs Extending Over The Public Right Of Way: The city engineer or building official may require signs which are extending into newly created public right of way to be modified or relocated when streets are widened, or other improvements are made in the public right of way. The modification or moving will be at the owner's expense. If the sign must be moved, and it is in the right of way and it is a nonconforming sign it must be brought into conformance when the sign is reerected.

   E.   Clearance From High Voltage Power Lines: No sign or part of a sign support may interfere with any electrical light, power telephone or telegraph wires or supports thereof. All signs must be sufficiently clear of high voltage power lines so those signs can be safely erected and maintained. Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts.

   F.   Sign Illumination: The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding right of way and properties. The following standards shall apply to all illuminated signs:

      1.   No sign or light source shall create an unduly distracting or hazardous condition to a motorist, pedestrian or the general public. Colored lights or colored sign faces shall not be used at a location or in a manner so as to be confused or construed as traffic control devices;

      2.   External light sources shall be directed and shielded to limit direct illumination of any object other than the sign;

      3.   Internally illuminated signs and signs with exposed light sources are prohibited in LDRZD and HDRZD properties, except internally illuminated signs used for twenty four (24) hour emergency medical facilities;

      4.   Signs shall not have blinking, flashing, or fluttering lights, or other illuminating devices that do not hold their image for a minimum of eight (8) seconds.

   G.   Design, Construction, Inspection, And Maintenance:

      1.   Design: All signs shall be designed, constructed, inspected and maintained in compliance with this chapter and current state of Idaho structural specialty code including any applicable city, state and federal code, rule, law or regulation.

      2.   Maintenance: All signs and all components thereof, including, without limitation, supports, braces, and anchors, shall be maintained in a state of good repair.

      3.   Materials: Except those signs listed in section 17.76.050, "Signs Exempt From Permits", of this chapter all signs shall be constructed of permanent materials and permanently affixed to a structural support in the ground or on the building.

      4.   Supports: All sign permit applications shall include the specific support details. The design of this support will be reviewed by the building official for compliance with the current edition of the state of Idaho structural specialty code. The building official may require a design prepared by a state licensed engineer. (Ord. 459-13, 2013)

   A.   Signs Made Nonconforming By The Adoption Of This Chapter: The owners of any lot or other premises on which exists a sign that did not conform with the requirements of the city of Ashton sign code adopted October 8, 2008, or for which there is no valid sign permit shall be obligated to remove such sign or to bring such sign into conformity with this chapter on the adoption of this chapter. Such signs that are not removed or brought into conformance will be deemed illegal and subject to the enforcement procedures of this chapter. The following signs, as they are configured as of the date of passage of this chapter, have been determined to be illegal, nonconforming signs under this subsection.

   B.   Permanent Signs: Except as otherwise provided herein, permanent signs in existence on the effective date hereof, which are not in conformance with the provisions of this chapter shall be regarded as nonconforming signs.

   C.   Owners Of Lot With Nonconforming Sign: The owners of any lot or other premises on which exists a nonconforming sign shall be obligated to remove such sign or to bring such sign into conformity with the requirements of this chapter when one of the following conditions occur:

      1.   Whenever the sign is damaged by more than fifty percent (50%) of its total replacement value or destroyed from any cause whatsoever; or

      2.   Whenever a request is made for a permit to alter or relocate the existing sign; or

      3.   Whenever there is a request to change the name of the business; or

      4.   Whenever a business sells and its principal use changes.

   D.   Exceptions: The requirements contained in subsection C of this section apply to require compliance with this sign code, except as follows:

      1.   Multiple-Tenant Signs: The substitution or change of tenant sign faces on sign structures containing multiple-tenant sign panels are not subject to subsections C3 and C4 of this section, as long as the supporting sign structure is not replaced or relocated. The new sign face or panel must comply with the background illumination requirements of this chapter. This exception from compliance, however, does not apply when there is a name change of the business complex, shopping center, etc., upon which the multiple-tenant sign is located.

      2.   Public Safety: A nonconforming sign may be structurally altered where such alteration is necessary for public safety; however, this exception does not apply when the sign has been damaged by more than fifty percent (50%) of its total replacement value or destroyed from any cause whatsoever.

      3.   Reconstruction Due To Public Project: A nonconforming sign may be reconstructed if moved for construction or repair of public facilities and if such reconstruction is completed within one year after completion of the public project at the location of the sign.

      4.   Definition Of Multiple-Tenant Sign: "Multiple-tenant sign" means a sign structure that identifies either through the use of sign faces or panels more than two (2) businesses located within the shopping center, business complex, etc.

   E.   Nonconforming Sign Face: A nonconforming sign face may be replaced, if all of the following conditions are met:

      1.   The sign area is not increased in size or relocated,

      2.   The new sign face complies with the illumination requirements in this chapter, and

      3.   None of the situations listed in subsection C of this section exist.

   F.   Petition For Variance: An owner of a nonconforming sign, who wishes to bring the sign closer into conformance with this code, may petition for a variance from the need to bring the sign into total compliance. If in the opinion of the administrator, the improvement is appropriate, a variance may be granted.

   G.   Historic Landmarks: Signage on designated historic landmark buildings shall be reviewed and approved by the state of Idaho Historical Society prior to submitting the application to the city of Ashton for review and approval. (Ord. 459-13, 2013)

Applicants for a sign permit or an applicant owning or leasing a sign that is not in compliance with the provisions of this chapter may seek a variance to the provisions of this chapter by filing a sign variance application with the city of Ashton.

Variance requests will not be granted for prohibited signs and/or construction and maintenance standards. Approval of a sign variance shall become void if the work approved by such variance is not commenced and completed within six (6) months of the approval date.

   A.   Variance Criteria: The variance will not be granted unless the applicant can establish that:

      1.   Special conditions exist which are peculiar to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same zone. The city may attach such conditions to granting all or a portion of any variance necessary to achieve the purpose of this chapter; and

      2.   The strict interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this chapter; and

      3.   The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences; and

      4.   Granting the variance will meet the objectives of this chapter and not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

      5.   The request will be the minimum variance necessary to alleviate the special hardships or practical difficulties faced by the applicant in meeting the requirements of this chapter. (Ord. 459-13, 2013)

   A.   Violations: A violation of any provision of this chapter shall be a misdemeanor. Each day shall be a separate violation. Violations will be enforced as in section 17.16D.060 of this title.

   B.   Confiscation: Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. The city shall have the right to recover from the owner or person placing such a sign all costs of removal and disposal of such sign, in addition to other remedies within this chapter.

   C.   Violation Declared A Nuisance: The location, erection, construction, maintenance, repair, alteration or use of a sign in violation of this chapter is declared a nuisance and shall be abated in either the manner provided for in this chapter or in the same manner as all other nuisances. (Ord. 459-13, 2013)