The purpose of this chapter is to promote effective communications within Cheney via signs while continually improving the visual environment and creating a clear community identity. It is also the purpose of this chapter to promote economic health by effectively linking businesses with their customers using signs. In addition, the provisions of this chapter protect the public safety by avoiding signs that interfere with traffic controls or other similar safety devices. It is not the purpose of this chapter to regulate traffic and directional signs installed by a government entity or signs not readable from public property. This chapter applies to all signs including those located on public rights-of-way. Signs located on public rights-of-way are also subject to the license requirements contained in Chapter 12.38, Right-of-Way License, of the Cheney Municipal Code.

(Ord. No. U-97, § 240, 1-27-2009; Ord. No. T-84, § 7(part), 2005)

Editor's note— Ord. No. W-22, § 97, adopted April 22, 2014, repealed § 21.54.015, which pertained to definitions and derived from Ord. No. T-84, § 7(part), adopted in 2005.

The following types of signs are exempt from the provisions of this chapter, provided that these exemptions are not construed as relieving the owner from the responsibility to comply with other chapters of this Code, including the Cheney Building Code:

(1)

Signs on bus benches;

(2)

Political signs posted for up to 90 days;

(3)

One non-electric bulletin board for each public, charitable or religious organization not exceeding 40 square feet;

(4)

Temporary banners for up to 30 days, provided they do not interfere with nearby properties;

(5)

Contractor, architect, surveyor or engineer sign during construction of the property upon which located, provided they do not exceed 48 square feet;

(6)

Wall murals which are primarily decorative, rather than commercial in nature.

(Ord. No. T-84, § 7(part), 2005)

The following types of signs are prohibited:

1.

Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices as determined by the code enforcement officer;

2.

Signs which create a safety hazard for pedestrian or vehicular traffic;

3.

Signs attached to or placed on a vehicle or trailer parked on private property, provided that this provision shall not be construed as prohibiting the identification of a firm or its products on a vehicle operating during the normal course of business. Franchised buses and taxis are exempt from this provision;

4.

All flashing signs, except changing message boards;

5.

Any sign affixed to or painted on trees, rocks, other natural features or utility poles;

6.

Roof signs;

7.

Portable reader board signs; existing portable signs must be removed within five years of the effective date of the ordinance codified in this chapter;

8.

Strobe lights and rotating signs;

9.

Animated signs; and

10.

Exposed angle iron and guy wires.

11.

Billboards.

(Ord. No. W-22, § 98, 4-22-2014; Ord. No. T-84, § 7(part), 2005)

(a)

Allowed signs. Only wall signs and ground signs related to the use of the property upon which the sign is located; only for uses permitted outright or by conditional use permit in a residential zone (R-1, R-2, R-3, R-3H, SR-2 or CALR).

(b)

Sign standards.

(1)

For one and two-family residential buildings, a single unlighted sign not exceeding 4½ feet is allowed.

(2)

For three or more unit residential buildings and nonresidential buildings, multiple illuminated (but not flashing) signs not exceeding 40 square feet in area each are allowed, with the aggregate sign area of all signs not exceeding one-quarter square foot per lineal foot of street frontage.

(3)

Permanent development signs (subdivision) are allowed one per entrance and shall not exceed 50 square feet and 12 feet in height.

(4)

Temporary development signs (subdivision) are allowed one per project not to exceed 32 square feet.

(Ord. No. U-59, § 54, 2008; Ord. No. T-84, § 7(part), 2005)

A.

In the C-2, BP and I-1 zones.

1.

Allowed signs. Freestanding signs, wall signs, projecting signs, suspended signs, portable signs, temporary signs, incidental signs, marquee signs, canopy signs, electronic message center, and off-premises signs are allowed in the C-2 and I-1 zones.

2.

Sign standards.

a.

The total area in aggregate of all signs on a lot shall not exceed the amount calculated from the table below, based on the street frontage of the lot's principal front street:

The sign area ratio represents the total aggregate amount of sign area in square feet based on the linear street frontage. For example, with a ratio of 2:1, a lot with 100 linear feet of street frontage is entitled to 200 square feet of aggregate sign area.

b.

No sign shall exceed 35 feet in height from the ground level;

c.

No sign shall be allowed to extend over property lines to any adjoining property without the execution of an air rights easement on the adjoining property;

d.

For multiple-business complexes with more than 200 lineal feet of street frontage, an additional 300 square feet of aggregate sign area is allowed in the form of a freestanding shopping center identification sign;

e.

The area of an off-premises/billboard sign is included in the aggregate area of signs allowed for the lot upon which it is located;

f.

Off-premises/billboard signs shall be no closer than 600 feet from each other, and shall be no larger than 64 square feet in sign area;

g.

No off-premises/billboard sign shall be located within 300 feet of any residential zoned area.

3.

Electronic message center signs.

a.

The area of the electronic message center shall not exceed 20 percent of the area of the sign; provided the area limitation shall not apply if the sign is solely limited to time and temperature.

b.

All messages displayed on an electronic message center shall be directly related to the business for which the sign was constructed. No off-premises signage is permitted.

c.

All electronic message centers signs shall be constructed as an integral part of a permanent sign constructed on-site. Integral shall be considered to be incorporated into the framework and architectural design of the permanent sign.

d.

The display shall be limited to text and static images only and shall not appear to flash, portray blinking or chasing lights, or otherwise create continuously changing images. However, scrolling of text (horizontal or vertical) is permitted. The rate of change for sign copy from one message to another shall be no more frequent than every eight seconds and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change.

e.

All electronic message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the electronic message center sign based on ambient light conditions.

f.

Electronic message center signs shall not be associated with any dwelling or home occupation in any residential zone.

g.

Electronic message center sign permit applications must include a copy of the manufacturer's operating manual, which includes the manufacturer's recommended standards for brightness, scrolling or traveling speed, and other display operations.

h.

Electronic message center signs which create a source of glare shall be adjusted or removed as directed by the planning official. No electronic message center sign may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn.

i.

Electronic message center 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.

B.

In the C-1 zone:

1.

Allowed signs. Wall signs, projecting signs, suspended signs, monument signs, portable signs, temporary signs, incidental signs, marquee signs and canopy signs are allowed in the C-I zone. Electronic message center signs are not permitted in the C-1 zone, unless the requirements of CMC 21.54.040(B)(2)(f) are met.

2.

Sign standards.

a.

The total area in aggregate of all signs on a lot shall not exceed the amount calculated from the table below, based on the street frontage of the lot's principal front street:

The sign area ratio represents the total aggregate amount of sign area in square feet based on the linear street frontage. For example, with a ratio of 2:1, a lot with 100 linear feet of street frontage is entitled to 200 square feet of aggregate sign area.

b.

No sign shall exceed a height greater than the lowest portion of the building roof.

c.

No sign shall be allowed to extend over property lines to any adjoining property without the execution of an air rights easement on the adjoining property.

d.

For multiple-business buildings/complexes with more than 100 lineal feet of street frontage, an additional 100 square feet of aggregate sign area may be allowed in the form of a wall mounted building/complex identification sign.

e.

A 25 percent size bonus can be acquired if all signage consists of wall signs, or if a ground sign is used instead of a freestanding sign.

f.

A scrolling electronic reader board sign (not to exceed 5 square feet) is permitted on a monument/pole sign in the C-1 Zone, if the primary commercial structure is located on First Street, the structure is set back at least 10 feet from the back of sidewalk, and the site contains at least ten off-street parking spaces on the subject site. An electronic message board sign counts towards the subject site total allowable sign area. All other requirements of CMC 21.54.040(A)(3) still apply.

(Ord. No. W-55, § 21, 3-10-2015; Ord. No. W-22, § 99, 4-22-2014; Ord. No. U-97, § 241, 1-27-2009; Ord. No. U-59, § 55, 2008; Ord. No. T-84, § 7(part), 2005)

Sign area is the total area of a sign face visible from any one viewpoint or direction, excluding the sign support structure. The sign's size shall be calculated by measuring from the outside edge of the frame itself. The sign area includes only one side of a double-faced sign as long as both faces are not visible from any one view point. The area of a wall sign shall be calculated by drawing the smallest geometric figure possible around the letters and symbols making up the sign message and measuring the area within that geometric shape.

(Ord. No. T-84, § 7(part), 2005)

Nonconforming signs are those that were permanently installed and legally erected prior to the adoption of the current sign regulations and that are not in conformance with the current regulations. Nonconforming signs shall be allowed to continue as long as they are continuously maintained, as stated in section 21.54.070, are not relocated, or made more nonconforming in any way.

(Ord. No. T-84, § 7(part), 2005)

Signs and their supporting structures shall be maintained in a state of good repair. Those signs and/or their supporting structures found to be deteriorated or unsafe as determined by the building official or his designee, shall be repaired or removed by the owner or lessee of the sign, or the property owner of which the sign is located, within ten days after receiving written notice from the city. The premises surrounding a freestanding sign shall be free of litter, and any landscaped area shall be maintained.

(Ord. No. T-84, § 7(part), 2005)

Every sign permitted by this chapter shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm using same shall, upon written notice by the building official forthwith in the case of immediate danger, and in any case within not more than ten days, make such sign conform to the provisions of this chapter, or shall remove it. If within ten days the order is not complied with, the code official shall be permitted to remove or cause the sign to be removed at the expense of the owner and/or the user of the sign.

(Ord. No. U-97, § 243, 1-27-2009; Ord. No. T-84, § 7(part), 2005)

Any sign that no longer advertises or identifies a use conducted on the property on which the sign is erected must have the sign copy covered or removed within 30 days after written notification from the community development director or his designee; and upon failure to comply with such notice, the community development director is hereby authorized to cause removal of the sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

(Ord. No. U-97, § 244, 1-27-2009; Ord. No. T-84, § 7(part), 2005)

(1)

Display of exterior temporary signs, banners and/or posters, strings of pennants, ribbons, flags, streamers, balloons, spinners, or other devices of a carnival nature may be allowed for temporary or special events, such as a grand opening, the use shall not exceed 20 days per calendar year per business. The total area of temporary signs shall not exceed 400 square feet.

(2)

Inflatable displays and searchlights may be permitted for temporary or special events, such as grand openings, the use shall not exceed 20 days per calendar year.

(Ord. No. W-55, § 22, 3-10-2015; Ord. No. T-84, § 7(part), 2005)