The ordinance codified in this chapter shall be known as the DALTON GARDENS SIGN ORDINANCE, and shall hereinafter be referred to as "this chapter". (Ord. 219, 7-5-2012)

The city council finds and declares that it is necessary to regulate the construction, erection, maintenance, electrification, illumination, type, size, number and location of signs to protect the health, safety, property and welfare of the public; to improve the neat, clean and orderly appearance of the city; to improve the effectiveness of signs in identifying and advertising businesses; to provide for sign needs of special areas, facilities, centers and districts; to preserve and protect the scenic beauty of Dalton Gardens; and to promote the healthy business climate of Dalton Gardens. (Ord. 219, 7-5-2012)

Except as provided in this chapter, no person shall erect, alter, or move any sign or cause or permit the same to be done in violation of the provisions of this chapter. No person in control of any premises in the city shall permit thereon any sign which violates the provisions of this chapter. Nothing in this chapter is intended to permit the erection or maintenance of any sign at a place or in any manner unlawful under ordinance, state, or federal law. (Ord. 219, 7-5-2012)

Where provisions of this chapter are more restrictive than state law, the provisions of this chapter shall apply. (Ord. 219, 7-5-2012)

For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and not directory and the word "building" includes "structures" other than "sign structures". The gender "he" refers to all genders.

A-FRAME SIGN: On premises temporary, portable, freestanding signs intended for use in parking lots, at storefronts, within the vision triangle, and adjacent to property lines.

   AFFECTED PERSON OR AGGRIEVED PERSON: Any resident of the city of Dalton Gardens; or person having an interest in real property in the city of Dalton Gardens; or any person with an interest in real property located within three hundred feet (300') of the property where the sign is located.

   AREA: See definition of Sign Area.

   ATTENTION GETTING DEVICE: A flag, pennant, sky dancer, inflatable object or other item, which bears no specific lettered or symbolic message, which is displayed to attract the attention of the general public.

   AWNING: A permanent roofed structure, which is attached to a building, usually over a sidewalk constructed to provide protection from the weather.

   BANNER: A flexible material on which a sign is displayed. It may be stretched across a property, anchored to the outside of a building or other structure, affixed to windows, or otherwise displayed on exterior surfaces. Banner may be permanent or temporary.

   BILLBOARD (STANDARDIZED OUTDOOR ADVERTISING SIGN): Any sign which advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located.

   BUILDING OFFICIAL OR HIS DESIGNEE: For purposes of this chapter, the person assigned to administer and enforce the structural integrity of signage for the city. Whenever the term "building official" is used in this code, it shall mean the building official or his designee.

   BUSINESS: All of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, benevolent, religious, educational and social organizations. Such "legal entity" includes individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies.

   BUSINESS OR SHOPPING CENTER: A building or group of buildings planned and developed as a center under common ownership with more than one occupant.

   CANOPY: A permanent freestanding roofed structure designed and constructed to provide protection from the weather, typically found at gasoline stations.

   CANOPY SIGN: A sign which is erected or maintained under and is supported by or under a canopy.

   CHANNEL LETTER SIGN: A sign made up of individual, cabinet style, internally illuminated letters.

   CLEAR SPACE: The space on a sign that must remain clear of any visual obstruction.

   CONSTRUCTION ZONE: May include, but not be limited to, the development of commercial, industrial and residential subdivisions, the construction of new buildings, and the remodeling and renovation of existing buildings.

   COPY: The lettering and/or graphics displayed on a sign.

   CURB LINE: The line at the face of the curb nearest the street or in absence of a curb, a line established by the city engineer or engineer's designee.

   CUTOUT: Every type of display in the form of letters, figures, characters, representations or others in cutout or three-dimensional forms attached to a wall or face of a sign.

   DIRECTIONAL SIGN: An on premises sign used to identify and locate an office, entrance, exit, motor vehicle route, public telephone or similar service.

   DISPLAY SURFACE: The area made available by a sign structure for the purpose of displaying a message.

   ELECTRIC SIGN: A sign containing electrical wiring and lighting, but not including a sign illuminated by an exterior floodlight source.

   ERECT: To construct, paint, place, affix or otherwise bring into being.

   EXTERNALLY ILLUMINATED SIGN: A sign illuminated by an external light source.

   FLASHING SIGN: A directly or indirectly illuminated sign where the artificial light is not constant in intensity or color at all times when the sign is in use. Flashing signs are prohibited in Dalton Gardens. Message center signs are not flashing signs.

   FLOTATION TYPE, ATTENTION GETTING DEVICES: Any device inflated with heated air or any lighter than air gas, and floated at the end of a tether for the purpose of advertising or drawing attention to a commercial establishment.

   FREESTANDING SIGN: Sign without external bracing or guywires, which are wholly detached from any building or other structure and are supported by poles or foundation support.

   GROUND SIGN: See definition of Monument Sign.

   HEIGHT OF SIGN: The vertical distance measured from finished grade to the top of the sign.

   IBC STANDARDS: The international building code standards published as a part of the international building code.

   INFLATABLE SIGN: A form whose structure derives its support from pressurized air or other gas.

   INTERNALLY ILLUMINATED SIGN: A sign which is wholly or partially illuminated by an internal light source from which the source of light passes through the display surface to the exterior of the sign.

   MAINTAIN: To keep free of any major defects in structure or appearance.

   MESSAGE CENTER: A sign providing information by means of electronically changing text or images.

   MONUMENT SIGN: A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

   MURAL: A painting made directly on a wall or fastened to a wall.

   NEON SIGN: A sign using high voltage neon tubing to illuminate or display the copy.

   NONTRADITIONAL SIGN: Any attention getting structure or device whose design fails to meet the definition criteria in any other section of this chapter, but which is accepted by the city council as a sign. A nontraditional sign requires a special use permit.

   OFF PREMISES LOCATOR SIGN: An off premises sign giving direction to motorists or pedestrians seeking the location of a public school, college, charitable, or religious institution.

   OFF PREMISES SIGN: Any sign, billboard, wall display, inflatable, or temporary sign that is used to advertise a business and/or service which is not located on said property. Off premises signs are prohibited in Dalton Gardens.

ON PREMISES SIGN: A sign which advertises only the business or the goods, products or facilities located on the property on which the sign is located, or which advertises the sale or lease of such property.

   PENNANT: A piece of flexible material which is attached to a support.

   PERMANENT SIGN: Any sign other than a temporary sign.

   PERSON: An individual or legal entity (see definition of Business).

   POLE SIGN: A sign that is supported by, or suspended from one freestanding column.

   PORTABLE READER BOARD: A movable sign with changeable copy that is located in or on a vehicle, trailer or other moving device or transported by any type of wheels.

   PORTABLE SIGN: Outdoor advertising display that is located in or on a vehicle, trailer or other moving device or transported by any type of wheels.

   PROJECTING SIGN: A sign which projects beyond the building face to which it is attached.

   READER BOARD: A sign with changeable copy using removable plastic letters mounted in lines of track. (See definition of Message Center.)

   RIGHT OF WAY: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights of way not intended for motorized traffic. See Idaho state code 49-109(5).

   ROOF SIGN: A sign erected upon a roof. All new or altered roof signs as of the effective date hereof will require a special use permit in Dalton Gardens as delineated in chapter 7 of this title.

   ROTATING SIGN: A sign that rotates. All new or altered rotating signs as of the effective date hereof will require a special use permit in Dalton Gardens as delineated in chapter 7 of this title.

   SANDWICH BOARD SIGNS: Any A-frame style sign.

   SHOPPING OR BUSINESS CENTER: A building or group of buildings planned and developed as a shopping center under common ownership with more than one retail business occupancy.

   SIDEWALK: A paved pedestrian path usually adjacent to or within close proximity to a street.

   SIGN: A display bearing a specific written or symbolic message, which may include pictorial or graphic decoration, intended to inform the public, identify the location of a business or other entity, and/or advertise goods for sale. A sign may be a freestanding structure, a structure mounted against a wall, or lettering and/or logo symbols painted upon or affixed to the wall or window surfaces of a building, motor vehicle, or trailer.

   SIGN AREA: The total area of a sign face, including all decorative or structural trim or other attention getting devices, exclusive of essential structural supports. Where a sign is of a three-dimensional, spherical, cubic, or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. Whenever a sign is made of letters or numbers located individually upon a single surface wall, the area of the sign shall be determined by the size of the rectangle the copy occupies.

   SIGN SETBACK: A distance from a curb, property line, or structure for which building, construction or erection of a sign is prohibited. Any permanently affixed sign is considered a structure and shall meet the setback requirements of the commercial or light industrial zoning district or with a special use permit in the residential zoning district. Special standards are required if signs are located in the vision triangle.

   SIGN STRUCTURE: The supports, uprights, braces and framework of a sign.

   SIGN TOWER: That portion of a building designed specifically for the placing of a sign flat against one or more faces thereof.

   T-FRAME SIGNS: See definition of A-Frame Sign.

   TEMPORARY ACTION DISPLAY: A wind activated device including, but not limited to, flags, pennants, streamers, banners and valances, but not including flags of the United States, state of Idaho, U.S. or state military services, foreign countries, the United Nations or flags of civic, fraternal or charitable organizations. A "temporary action display" shall not contain any graphic or pictorial advertising message or advertising symbol including, but not limited to, words or pictures.

   TEMPORARY BUSINESS SIGN: A temporary, freestanding, on premises sign or banner.

   TEMPORARY MERCHANDISE SIGN: A temporary sign affixed to or placed against merchandise, or painted on or affixed to a nonpermanent rack or other type of display, advertising only the items of merchandise contained therein.

   TEMPORARY NONPROFIT SIGN: A temporary sign identifying a nonprofit civic, charitable or benevolent event.

   TEMPORARY OFF PREMISES SIGN: An off premises sign that is temporary.

   TEMPORARY POLITICAL SIGN: A temporary sign advertising a candidate seeking public office or promoting the passage or defeat of a measure on a ballot.

   TEMPORARY PROMOTIONAL SIGN DISPLAY: Temporary business signs advertising a single event or promotion and erected and maintained as a group.

   TEMPORARY REAL ESTATE DIRECTIONAL SIGN: A temporary sign advertising an "open house" and located off of the premises advertised. Temporary real estate signs shall not be placed in the right of way.

   TEMPORARY REAL ESTATE SIGN: A temporary sign advertising only the sale, rent or lease of the building, structure or premises to which it is attached.

   TEMPORARY SIGN: A sign, banner, pennant, valance or advertising display that is not permanently affixed to any sign structure, sign tower or building.

   TEMPORARY SIGN FOR WORK UNDER CONSTRUCTION: A temporary on premises sign denoting the name of the development and the architects, landscape architects, contractors, engineers, and financial institutions involved in the project.

   TEMPORARY SUBDIVISION SIGN: A temporary on premises sign advertising under construction or property for sale in a subdivision.

   VISION TRIANGLE: A triangle of land that has an unobstructed view from a curb line of a driveway, roadway or street intersection. Intersections include all cases where two (2) streets intersect and locations where driveways intersect streets. The area needed to be clear of obstruction for safe turning movements is called the "vision triangle".

The following standards apply:

 

 

(Note: The sight distance requirements of the vision triangle affect the location of all obstructions, including signs, landscaping, fencing, on street parking, buildings and other improvements. The required sight distance represents how far left or right on the major road the driver should be able to see so as to safely exit a minor public or private road, a driveway or an alley or to make a right turn on red at an intersection.)

   WALL FACADE FOR SIGNS: A sign structure designed for the placement of a sign erected upon the top of a wall or on a wall or parapet of a building in the same general plane as the wall.

   WALL SIGN: A sign painted on or attached to or erected against the wall of a building or structure, or against the faces or ends of a canopy, with the face of the sign parallel to the wall or face and projecting out not more than eighteen inches (18"). Wall signs shall not exceed eighty (80) square feet.

   WINDSOCK: A cone made of cloth or similar material which is open at both ends and is attached at one or more points to a support.

   ZONING DISTRICTS: The city of Dalton Gardens is divided into zoning districts; see the city of Dalton Gardens zoning code for definitions and requirements. (Ord. 219, 7-5-2012)

   A.   A sign which does not conform to the provisions of this chapter shall not be structurally altered, relocated or replaced unless it is immediately brought into compliance, except that:

      1.   Such sign may be repaired and maintained and may have the advertising copy or display surface thereon changed; provided that the sign will not advertise a business at a location other than that where the sign is located. Such sign may be removed from its sign structure for the purpose of repair and maintenance under this section if a sign repair permit has been obtained.

      2.   Such sign may be replaced if, upon application, the city council finds that the replacement of the sign would improve the appearance of the sign, sign location on the building, structure or premises on which the sign is located. Applicant for replacement of signs under this section shall file a removal agreement in a form acceptable to the city attorney which provides that the owner of the sign and the owner of the building, structure or premises on which the sign is located agree, both jointly and severally, to remove the sign at the end of the applicable nonconforming period. The applicant shall provide such information as the city council finds necessary.

   B.   It is not the intent of this section to permit an increase in the size or number of signs which are nonconforming under this chapter.

   C.   Signs made nonconforming due to an eminent domain action, or regulatory taking: If structural alterations or relocation of the sign are required due to condemnation, the alterations will not be counted toward the fifty percent (50%) accumulation of repairs and alterations within five (5) years with the following provisions: 1) the property owner provides evidence of the nonconformity by providing the city the signed certificate of nonconformity and 2) that the alteration is necessary to accommodate the condemnation and 3) any remodel and alteration as a result of the condemnation must be reviewed and approved by the city and 4) all alterations as a result of the condemnation shall be completed within three hundred sixty five (365) days of completion of the public improvements adjacent to the subject site for which the condemnation was necessary. If the sign is relocated, the sign shall meet the current setbacks as delineated in this code for signage. (Ord. 219, 7-5-2012)

   A.   Permit Required: All signs require permits from the city unless specifically exempted as delineated in this chapter.

   B.   Construction And Maintenance: All signs displayed in the city of Dalton Gardens must be constructed of durable materials, designed and lettered in a professional manner, erected according to sound structural practices and kept in good repair.

   C.   Sign Setbacks: Any permanently fixed sign is considered a structure and shall meet the requirements of each applicable zoning district.

      1.   On the street named Government Way, if the condemnation proceedings have occurred and the right of way has been purchased, the sign may be located to the edge of the property line, not overhang the sidewalk and must meet vision triangle requirements. If condemnation proceedings have not been completed and the right of way has not been purchased as of the effective date hereof, the sign shall be located at least twenty feet (20') from the property line. On the streets of Dalton, Hanley, Canfield, Wilbur, Deerhaven, Prairie and Aqua Circle, and if there are no public sidewalks, and there is no condemnation or right of way purchase, the setbacks for permanently affixed signs shall be at least eight feet (8') from front property line, and meet any vision triangle requirements.

   D.   Sign Height: No sign shall exceed thirty feet (30') in height.

   E.   Nonconforming Sites Or Use: Signs may be altered, relocated or replaced in conforming with this chapter regardless of a site's nonconforming status as to facility or activity. Sign improvements, including the installation of a new sign shall not be used to require other site improvements, including, but not limited to, parking lot improvements or landscaping improvements, regardless of the cost of the sign improvements. Sign improvements shall not be considered an expansion of a nonconforming activity. (Ord. 219, 7-5-2012)

If the following signs do not violate provisions of this chapter, they are exempt from all other requirements of this chapter:

   A.   Official Sign: A sign required, authorized or permitted by law, ordinance, rule or regulation, erected or maintained by the responsible public authority including, but not limited to, a traffic sign or signal, sign identifying a public building or use or giving directions to a building, structure, use, or area. Official signs are restricted to the same size and structural requirements as all other signs within this code. The structure and size of existing official signs do not need to be brought up to current standards.

   B.   Warning Sign: A sign erected or maintained on private property warning the public of a danger on or limiting access to the premises. Such sign is limited to a sign area of four (4) square feet, and a height of six feet (6').

   C.   Identification Or Monument: Building plaque, cornerstone, nameplate, or similar building identification or monument. These identifiers shall be attached to the building.

   D.   Historical Marker: Historical marker erected or maintained by public authority or a recognized historical society or organization identifying a site, building or structure, or area of recognized historical value.

   E.   Interior Signs: Signs inside a building, decals, painting, decoration, letters, numbers, and displays applied or attached to the interior or exterior of a window or located on the interior and visible through the window.

   F.   Credit Card Signs: Credit signs, signs advertising bank cards, credit cards, credit arrangements, or trading stamps available to business customers when located on a wall, under canopy or marquee.

   G.   Flags: Flags of the United States, the state, U.S. or state military service, foreign country, United Nations, or a civic, fraternal, or charitable organization.

   H.   Customary And Usual Christmas Decorations: If extended over public streets, city council approval shall be required.

   I.   Temporary Signs: Temporary signs of the following types:

      1.   Temporary residential real estate signs not exceeding six (6) square feet in sign area, including rider (message attached to the real estate sign).

      2.   Temporary residential real estate directional signs not exceeding two (2) square feet in sign area. Signs shall not be placed in the public right of way.

      3.   Temporary commercial real estate signs not exceeding sixteen (16) square feet in sign area. Signs shall not be placed in the public right of way.

      4.   Temporary commercial real estate directional signs not exceeding four (4) square feet in sign area. Signs shall not be placed in the public right of way.

      5.   Temporary nonprofit signs not in excess of thirty two (32) square feet.

      6.   Anchoring approved by the city building official must be in place at all times for temporary signs over eight (8) square feet in size.

      7.   Temporary off premises signs. These signs will be allowed with council permission while the roadway adjacent to property is under construction. Property owner shall seek permission from off premises property owner and also receive city council approval.

   J.   Permanent Decorations: Decorations, floral or artistic arrangements, trim ornamentation or other nonanimated devices, without letters or numbers, affixed to a wall and not an integral part of any sign.

   K.   Institutional Signs: One on premises attached bulletin board that is a permanent sign with changeable copy indicating the institution's name, events, or services offered on the premises, not over twelve (12) square feet in sign area for public schools, colleges, charitable, or religious institutions when the same is located on the premises. A nonprofit organization may include a "credit bar" of two (2) square feet listing only the name of the organization which donated said sign. Such signage must meet all other sign regulations.

   L.   Directional Signs: Traffic directing or directional signs indicating traffic movement onto or within a premises not exceeding four (4) square feet for each sign, limited to one such sign per entrance. (Ord. 219, 7-5-2012)

   A.   Signs Not To Obstruct Doors, Windows Or Fire Escapes: No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

   B.   Signs On Trees, Utility Poles, Or Fences: No sign shall be erected, taped, nailed, stapled, or otherwise attached to a tree, utility pole, fence, or other object whose purpose or natural condition is utilitarian.

   C.   Signs Not To Be In Rights Of Way: No signs shall be erected in public rights of way. Exceptions are allowable with city council approval and the issuance of an encroachment permit from the city.

   D.   Vision Triangle Obstructions: A sign shall not be placed to obstruct anywhere in the vision triangle. In the commercial and light industrial zoning district, signs may be allowed in the vision triangle if they meet clear space standards.

   E.   Signs Not To Obstruct Or Resemble Traffic Signs: No sign shall be erected at the intersection of any streets in such a manner as to obstruct the free and clear vision of pedestrians and vehicular traffic or at any location where, by reason of the position, shape, color, words, phrases or symbols, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device.

   F.   Obscene Signs Prohibited: No sign shall bear or contain statements, words or pictures which would offend public morals or decency.

   G.   Billboards And Off Premises Signs Prohibited: All billboards and off premises signs are prohibited with the exception of those with city approval or temporary off premises signage to offset public road construction.

   H.   Portable Signs And Portable Reader Boards Mounted On Axles And Tires Prohibited:

      1.   Portable signs or portable reader boards mounted on frame, axle, and tires are prohibited.

      2.   Any sign that is affixed to a vehicle or trailer that is inconsistent with generally accepted practice or industry standards of professional sign attachment and/or renders the vehicle or trailer unusable or unsafe in the manner that it was intended to be utilized is prohibited.

      3.   Signs mounted on vehicles, use of blinking lights, searchlights, beacons, balloons, strings of lights, spinners, or other animated or moving devices used to call attraction shall be prohibited.

   I.   Flashing Signs Prohibited: All flashing signs as defined in this chapter are prohibited.

   J.   Signs Extending Over Sidewalk Rights Of Way Prohibited; Exception: Except for projecting signs which may project up to three feet (3') from the building wall, no sign of any kind may extend onto sidewalks or rights of way unless it is hung from a permitted awning and maintains eight feet (8') of clearance beneath it. (Ord. 219, 7-5-2012)

   A.   Allowed signs without permit unless specifically delineated:

      1.   Address Identification: Shall meet requirements of international building code, city addressing ordinance and fire code. Address number for dwelling and one nonilluminated identification sign shall be permitted for one-family dwelling provided that such sign shall not exceed two (2) square feet in area and not be closer than five feet (5') from any property line.

      2.   Political Signs:

         a.   Political signs of eight (8) square feet in area or less may be erected on private property with the consent of the property owner.

         b.   Political signs may be erected for sixty (60) days prior to the decision in which such candidates or issues are to be decided upon. Such signs shall be removed not later than the fourth day following such election. Any such signs which have not been removed by the fifth day following such decision may be removed by the city's building official. The sponsoring organization shall be assessed the cost of removing each sign according to the fee schedule adopted by Counsel resolution.

      3.   Real Estate Signs:

         a.   Temporary residential real estate signs not exceeding six (6) square feet in sign area, including rider (message attached to the real estate sign).

         b.   Temporary residential real estate directional signs not exceeding two (2) square feet in sign area. Signs shall not be placed in the public right of way.

      4.   Temporary Sign For Work Under Construction:

         a.   A temporary on premises sign denoting the name of the development and the architects, landscape architects, contractors, engineers, and financial institutions involved in the project.

      5.   Temporary Subdivision Sign: A temporary on premises sign advertising under construction or property for sale in a subdivision.

      6.   Temporary Event Locator Sign: Temporary signs announcing upcoming nonprofit, charitable or benevolent events may be erected subject to the following conditions:

         a.   The signs may only convey the name and/or logo of the event, pertinent information directing people to the event and the timing of the event.

         b.   The signs may be erected on private property with the written consent of the property owner, or in public rights of way with an encroachment permit and the consent of the city council.

         c.   The signs must be located on the route of the event or at other key access points to the event.

         d.   The signs may be in place for five (5) business days prior to the event, during the event and two (2) business days following the event.

      7.   Temporary Garage And Yard Sales:

         a.   All garage and yard sale signs must have the time, date, and place of the sale. If the signs do not have the complete information they may be subject to removal.

         b.   Garage and yard sale signs may be posted the day of the sale, but must be removed within twenty four (24) hours after the sale.

         c.   Signs should be no larger than ordinary poster paper, twenty four inches by thirty six inches (24" x 36").

         d.   If the sign is posted during other time periods or larger than twenty four inches by thirty six inches (24" x 36") the sign may be subject to removal.

      8.   Temporary Banners Advertising A Special Event:

         a.   Limited to nonprofit (501(c)), churches, schools or municipalities;

         b.   Limited to one 64-square foot banner;

         c.   Limited to twice a year and limited to seven (7) days for each event. Banner shall be removed within forty eight (48) hours of event end;

         d.   No electrical devices or lighting shall be associated with the banner.

      9.   Signs Requiring Special Use Permit:

         a.   A-frame signs in the residential zoning district as defined in this chapter and standards delineated in commercial district signage.

         b.   Detached freestanding signs for nonprofit, civic or community uses within the residential zone. As defined in this chapter and standards delineated in commercial district signage.

      10.   Prohibited Signs:

         a.   All other signs not specifically enumerated in this section. (Ord. 219, 7-5-2012; amd. Ord. 277, 6-9-2022)

   A.   Individual Business On One Parcel: A single business on one parcel may have one freestanding sign per parcel. Such sign shall not extend over public property and shall be used solely to identify the business and the street address of the parcel. The total display surface including property address of such freestanding sign shall not exceed sixty four (64) square feet. The display of the parcel address shall meet standards acceptable to the city fire marshal and the building inspector.

   B.   Business And Shopping Centers, Multiple Businesses On One Parcel:

      1.   Multiple businesses or a business or a shopping center may have one freestanding sign per parcel. All businesses within the shopping center or multiple business building(s) shall be identified on the freestanding sign. Such sign shall not extend over public property and shall be used solely to identify the center, the street address of the parcel and the businesses within the center. The display of the parcel address shall meet standards acceptable to the city fire marshal and the building inspector.

      2.   The total display surface including property address of a freestanding sign shall not exceed:

 

 

Note: Monument signs shall not exceed sixty four (64) square feet for each sign face.

      3.   Each business that leases building space from a property owner shall be allowed to have the following signs with permission from the property owner and a sign permit from the city:

         a.   Their business name displayed on one detached freestanding sign located adjacent to public street front.

         b.   One attached wall sign.

         c.   One attached projecting sign.

         d.   One attached awning with unit number or address over doorway.

         e.   One attached message center sign.

         f.   One mural on side or rear of building.

         g.   One attached permanent banner.

         h.   One A-frame directly adjacent to "storefront" entryway.

         i.   One temporary sign for events or promotions.

   C.   A-Frame Signs: A-frame signs are allowed on an annual basis and require a permit. The signs are permitted under the following conditions:

      1.   One annual A-frame sign is permitted per business located adjacent to the public street or within the vision triangle. The sign shall not obstruct traffic circulation or sight distance.

      2.   One A-frame sign per business is allowed located adjacent to the store front doorway.

      3.   The applicant must submit:

         a.   A sign permit application.

         b.   Signed authorization from the property owner.

         c.   Scale drawings of the proposed sign and its proposed placement.

         d.   Photograph or visual graphic of the sign.

      4.   Sign panels shall have a maximum width of twenty four inches (24") wide and a maximum height of thirty six inches (36") and shall include all sign area excluding essential structural support.

      5.   Signs must be constructed of sturdy, weatherproof panels and good quality hardware. Signs must be constructed and lettered in a professional manner.

      6.   A-frame signs must consist of two (2) faces hinged at the top. They must be designed to prevent collapse. Signs must have nonskid "feet". Signs must have handles or other provisions for portability.

      7.   All signs must be structurally stable and able to withstand wind per current building code requirements, in order to ensure it maintains its proper position and to prevent potential hazards. The owner is responsible for removal of any sign on public property, not in its proper position, or creating any hazard.

      8.   A-frame signs may not be placed within city vehicular rights of way.

      9.   A-frame signs may not obstruct vehicle or pedestrian traffic.

      10.   If the A-frame sign is located within the vision triangle, the maximum height of the entire sign including frame shall not exceed thirty six inches (36").

      11.   Any A-frame sign on sidewalks must have an encroachment permit from the controlling jurisdiction.

      12.   A-frame signs may be in place only during business hours.

   D.   Awnings And Canopy Signs:

      1.   Awning or canopy signs must be printed on, painted on, or attached to or under an awning or canopy.

      2.   The lower edge of any such awning or sign shall be not less than eight feet (8') above the sidewalk or grade directly below the awning. Exception: A flexible fabric valance may extend twelve inches (12") below the awning.

      3.   It is unlawful for a person to place a banner of any kind on an awning over a sidewalk.

   E.   Banners:

      1.   Permanent On Site Banners: Permanent on site banners may be permitted under the following conditions:

         a.   The area of banners will be included in the total of the freestanding signage allowance for the specific street frontage.

         b.   The maximum size for any one banner is twenty (20) square feet. Maximum dimensions are to be no greater than thirty inches (30") wide by ninety six inches (96") tall.

         c.   Banners nine (9) square feet, or larger, in size may be spaced no closer than forty feet (40') on center or forty feet (40') from any other freestanding sign. Banners less than nine (9) square feet in size may be spaced no closer than twenty feet (20') on center or twenty feet (20') from any other freestanding sign.

         d.   Banners and horizontal supports may be no closer than:

            (1)   Eight feet (8') vertically to ground or any walking surface;

            (2)   Fourteen feet (14') vertically to any driving surface.

         e.   If the banner is to be attached to an existing structure, the sign owner will provide supporting documentation to the building official which will prove that the supporting structure can safely support the banner and any other existing attachments.

   F.   Electric Signs And Message Centers:

      1.   Distracting Or Hazardous Electric Signs Prohibited: No illuminated signs shall be erected or maintained which create an unduly distracting or hazardous condition to a motorist, pedestrian, or the general public. No strobe type lights shall be erected or maintained on the interior of a window or door or attached to any other area of a building facing a public street or avenue.

      2.   Frequency Of Message Change: All signs, including public service signs and temperature message centers, must hold each displayed message a minimum of two (2) seconds before changing to the next image. No sign which either directly or apparently flashes or blinks shall be erected or maintained.

      3.   Illumination: The city shall have the authority to require the illumination of a sign to be decreased and/or to be fitted with adequate shielding if, in its judgment, the sign is too bright for its location or is deemed hazardous or distracting.

      4.   Information Required: Every electric sign and message center shall have placed thereon within easy view the following information in letters at least one inch (1") in height: permit number; power consumption including voltage and amperage; Underwriters Laboratories labels on all electrical signs.

   G.   Freestanding Signs, Standards:

      1.   Footing And Support Calculations: Footing and support calculations for a permanent, freestanding sign which stands less than ten feet (10') above finish grade are required to be submitted to and approved by the city building official prior to issuing a sign permit.

      2.   Permanent Freestanding Signs: A permanent, freestanding sign which stands ten feet (10') or greater above finish grade is required to have a licensed Idaho architect's or Idaho engineer's stamp of approval. The required drawings must include:

         a.   Detailed plans showing footing and foundation design, reinforcement size and placement, pole type, size and thickness, all bolted and/or welded connections, and sign construction materials.

         b.   Supporting calculations must address all components of the proposed sign installation. Calculations are to include the design criteria (wind, soils, materials, and seismic).

         c.   Detailed site plan which shows location on property, distances to all adjacent site appurtenances (buildings, trees, roads, etc.), and rights of way.

      3.   Freestanding Signs: Freestanding signs with the exception of monument signs shall not exceed thirty feet (30') in height. The lowest height of freestanding electrical signs in areas accessible to vehicles must meet the electrical code currently adopted by the state of Idaho. The electrical permit number must be submitted with the sign application.

      4.   Monument Signs: The base of the sign structure shall be on the ground or a maximum of twelve inches (12") above the adjacent grade. The width of the top of the sign shall not be greater than the width of the bottom of the sign.

         a.   One monument sign allowed per parcel.

         b.   Monument signs shall have a solid base upon which the sign face is installed.

         c.   A maximum of two (2) parallel sign faces.

         d.   Shall not exceed six feet (6') in height from finished grade and shall not visually obstruct traffic and pedestrian circulation.

         e.   Shall not exceed sixty four (64) square feet in sign area for each side of sign.

   H.   Nontraditional Permanent Signs: A special use permit is required for each nontraditional sign. A nontraditional sign must be anchored to and touching the ground. A nontraditional sign must meet the same requirements as a freestanding sign.

   I.   Projecting Signs: Included within the number and area of permanent signs and subject to all other provisions of this code are projecting signs. No projecting sign shall extend more than three feet (3') from the building to which it is attached. Any projecting sign in excess of twenty four (24) square feet, shall be accompanied by a plan prepared by an Idaho licensed professional architect or engineer.

   J.   Roof Signs: All new or altered roof signs effective on the date hereof require a special use permit as delineated in chapter 7 of this title.

   K.   Vehicular Signage: Any sign attached to, painted or placed on a vehicle or trailer parked on public or private property in a position visible to traffic on a public street or parking area is allowed meeting the following conditions:

      1.   The primary purpose of such vehicle or trailer is not the display of signs.

      2.   The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

      3.   No portable signs or portable reader board signs are located in or on the vehicle or trailer.

      4.   The vehicle is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

      5.   If the vehicle or trailer is not used in the daily function of the business, the vehicle or trailer parked as a stationary display is limited to seven (7) days within a sixty (60) day period and then must be moved away from the public street.

   L.   Wall Murals: Wall murals that bear a printed message shall require a sign permit. The mural must be of one uniform, continuous design. The printed or logo advertising message may account for no more than twenty percent (20%) of the painted area and is limited to the same height restrictions as any other wall sign as designated in this code.

   M.   Construction Areas:

      1.   Informational Signs: A construction zone may have one informational sign listing the name or names of the developer, general contractor, subcontractors, financial institutions, sales agents, consultants, or other professionals involved with the project.

         a.   Emergency Contact Information: An emergency contact person or entity and phone number is required to be displayed on the sign in a minimum of one inch (1") characters.

         b.   Murals: Murals or similar displays may be painted on or attached to a construction barricade subject to the approval of the city council.

         c.   Posters Prohibited: No posters shall be permitted on a construction barricade.

         d.   Removal: For all signs provided for in this section, regardless of the durations permitted therein, no sign shall be allowed to remain for more than thirty (30) days after completion of the project or issuance of a certificate of occupancy.

      2.   Commercial/Industrial Projects: Temporary construction and development signs in subdivisions, advertising the prospective sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following sign restrictions:

         a.   Any such sign shall be located on the premises being developed, sold, or leased;

         b.   The sign shall not be illuminated;

         c.   The maximum number of such signs allowed shall be two (2): one primary and one secondary sign;

         d.   The maximum height of any such sign shall be twelve feet (12');

         e.   The maximum area for a primary sign shall be sixty four (64) square feet. The maximum area for a secondary sign shall be thirty two (32) square feet;

         f.   No such sign shall be erected or maintained without first having obtained a sign permit. The permit shall allow the sign to remain only as long as property remains undeveloped, unsold, or not leased for the first time within the tract, but not to exceed one year. Such permit may be renewed up to two (2) times for an additional period of one year for each renewal, provided that proof is submitted that the sign is being maintained.

      3.   Off Premises Signs Allowed During Public Road Construction: If a property owner is affected by public road construction and the property is directly adjacent to the public road construction, the council may allow off premises signage to ensure adequate advertising. Signage shall be limited to the period of construction, shall be constructed of durable materials, designed and lettered in a professional manner, erected according to sound structural practices and kept in good repair.

   N.   Event Locator Signs: Temporary signs announcing upcoming events may be erected subject to the following conditions:

      1.   The signs may only convey the name and/or logo of the event, pertinent information directing people to the event and the timing of the event.

      2.   The signs may be erected on private property with the written consent of the property owner, or in public rights of way with an encroachment permit and the consent of the city council.

      3.   The signs must be located on the route of the event or at other key access points to the event.

      4.   The signs may be in place for one business day prior to the event, during the event and one business day following the event.

   O.   Temporary Promotion Signs:

      1.   Duration And Number Of Permits Per Year: A permit for each temporary sign shall be valid for two (2) weeks and no more than four (4) such permits may be issued to any one entity in any calendar year.

      2.   Upkeep And Maintenance: Any temporary sign that is defaced, damaged, or in any manner in violation of this chapter may be directed to be removed by the city. The cost of upkeep and maintenance of temporary signs may be assessed in the manner provided in all sections of this chapter.

      3.   Nontraditional Signs: Nontraditional (including inflatable) signs may be used as a temporary promotional display for special events without a special use permit. A nontraditional sign may have a maximum height of fifteen feet (15') from ground level measured immediately adjacent to the sign.

      4.   Location: All temporary signs must be attached to a permanent building structure (fences and light standards are not permanent building structures). No freestanding temporary signs will be permitted.

      5.   Size: Temporary signs may be up to fifty percent (50%) of the size of any permanent sign which could be permitted for the same location.

   P.   Political Signs:

      1.   One permit per candidate or position on issue shall be sufficient for all temporary political signs erected during any one campaign.

      2.   Political signs of eight (8) square feet in area or less may be erected on private property with the consent of the property owner.

      3.   Political signs may be erected for sixty (60) days prior to the decision in which such candidates or issues are to be decided upon. Such signs shall be removed not later than the fourth day following such election. Any such signs which have not been removed by the fifth day following such decision may be removed by the city's building official. The sponsoring organization shall be assessed the cost of removing each sign according to the fee schedule adopted by Council resolution.

   Q.   Vision Triangle Standards:

      1.   No sign face shall be within the clear space of three feet (3') from ground level to eight feet (8') from ground level.

      2.   No sign structural support (poles or frame) shall be more than one foot (1') in diameter.

      3.   A-frame signs including frame and structural support shall not exceed thirty six inches (36") or three feet (3') in height when located within the vision triangle. (Ord. 219, 7-5-2012; amd. Ord. 277, 6-9-2022)

   A.   Standards For Maintenance:

      1.   All signs, together with their supports, braces, guys and anchors, shall be well maintained and in a safe condition.

      2.   All signs and the site upon which they are located shall be maintained in a neat, clean and attractive condition. Signs shall be kept free from rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted.

      3.   All permanent freestanding signs shall have concrete footings unless approved by the building official.

      4.   All exposed parts of any sign shall be constructed of such materials or treated in such a manner that normal rainfall or other moisture shall not harm, deface or otherwise affect the sign.

   B.   Damaged Signs; Repair; Replacement Or Removal: Any sign or sign structure which is torn, damaged, defaced or destroyed shall be repaired, replaced or removed in a manner in compliance with the provisions of this chapter and within seven (7) days after damage occurs. After seven (7) days, such sign shall be considered an illegal sign subject to removal.

   C.   Removal Of Unsafe Or Illegal Signs; Written Notice To Comply: The city shall give written notice to the owner or lessee of a sign or to the owner of the building, structure or premises on which the sign is located if the city finds that such sign, by reason of its condition or location, is an unsafe sign or that such sign is an illegal sign which is erected or maintained in violation of the provisions of this chapter. If the sign is not either removed or altered to comply with this chapter, within thirty (30) days after mailing of written notice, such sign may be removed or altered to comply by the city. Notice shall be mailed to the last known address of the owner or lessee.

   D.   Removal Of Dangerous Signs Without Notice: No sign shall be erected or maintained in any manner which will create a hazard or risk to the safety of motor vehicle or pedestrian traffic. When, in the judgment of the city, a sign has been erected or maintained in a manner that creates an imminent hazard or risk to public safety, the city may remove the sign immediately with or without notice to the permit holder or business manager. If the sign has been erected or maintained in a manner that creates a hazard or risk to public safety that is not imminent, the city will provide notice to the permit holder at the address on the permit application notifying the permit holder of the hazard and providing a date by which the sign must be repaired or replaced. If the sign is not repaired or replaced by the date given, the city may remove the sign. The city may dispose of the sign if the permit holder has not claimed the sign and reimbursed the city for the removal costs within thirty (30) days of the sign's removal.

   E.   Cost Of Removal; Notice; Refusal To Comply: Whenever any person neglects or refuses to remove or alter any sign after written notice by the city to the owner of the building, structure or premises, the costs sustained by the city shall be a lien on the real property and be certified for collection to the county treasurer as provided in Idaho Code section 50-1008.

   F.   Storage Of Removed Signs; Time Limit; Reclamation; Sale Or Destruction:

      1.   The city shall store any sign removed by it for a period of thirty (30) days from the time the person responsible for such sign is notified as provided in this chapter. The city shall continue to store such sign for an additional period pending final decision of the city council on an appeal of an aggrieved person. At the expiration of the time specified in this subsection, if the person responsible for the sign or other interested person has not reclaimed the sign, the city may destroy the sign or sell or salvage the sign with any proceeds applied toward the cost of compliance.

      2.   To reclaim any sign removed by the city, the person reclaiming the sign shall pay to the city an amount equal to the entire costs incurred by the city in seeking compliance with respect to the sign.

   G.   Removal Of Abandoned And Obsolete Signs: No sign shall be maintained which advertises a business which is no longer conducted or a product which is no longer sold. Any person who leases or owns a sign shall remove such sign within thirty (30) days after cessation of the business or discontinuing sale of an advertised product. Owners of business signs that are located solely on the business property and business signs that otherwise conform to all other sign requirements as set forth in this chapter may sign a maintenance agreement with the city which will allow the owners to maintain the sign structure portion only of the sign until a new business occupant may be found. Except for a sign structure under such a written agreement, all signs shall be considered illegal signs subject to removal.

   H.   Repainting: If required by the city, all originally painted parts or supports of the sign shall be repainted at least once every five (5) years. Galvanized steel, aluminum or other similar elements of the sign need not be painted if not originally painted.

   I.   Painting Over Signs: Painting over any sign painted on any building shall constitute removal under the provisions of this chapter. (Ord. 219, 7-5-2012)

Any sign that is combined with, or can otherwise be taken as part of, any merchandise for sale must meet all of the regulations for signs. (Ord. 219, 7-5-2012)

Applications for a sign permit shall be made in writing upon forms furnished by the city through the office of the city clerk. Such application shall contain the location and street address of the sign, as well as the name and address of the sign owner and the building owner. The city may require the filing of plans or other pertinent information where such information is necessary to ensure compliance with this chapter.

   A.   Permit Fees; Designated: All applications for sign permits shall be accompanied by the appropriate fee according to the permit fee schedule established by resolution of the Dalton Gardens city council.

   B.   Permit; Authority To Revoke Or Seek Revocation: The city is authorized and empowered to revoke any permit issued by it upon failure of the holder thereof to comply with any provisions of this chapter.

   C.   Permit; Issuance: The city shall issue a permit upon application duly made, payment of the required fee and compliance with the provisions of this chapter.

   D.   Permit; Expiration:

      1.   Permits for permanent signs shall be valid for a period of six (6) months from date of issue. Work under such permit shall be completed within that period of time unless the permit is extended by the city for good cause shown and its finding that the sign still complies with this chapter.

      2.   Permits for temporary sign displays and temporary promotional sign displays shall be valid for sixty (60) days from date of issue.

      3.   No person shall erect, alter, replace, relocate, reconstruct, or perform any electrical wiring in or upon any sign without first obtaining a permit.

      4.   No permit is required to repair or maintain an existing sign as long as it is not an alteration, replacement, relocation, or reconstruction, noted in subsection D3 of this section, which would require a permit.

   E.   Electrical Permits: Where electrical permits are required for sign erection or repair, they shall be obtained from the state electrical official prior to making the final electrical connections from the sign to the electrical power source.

   F.   Permits; Separate Permit Required; Multiple Sign Structures: Except for exempted signs or for signs displayed in a temporary promotional, political, or attention getting display, each individual sign erected requires a permit. Each sign in a multiple display requires a separate permit. For the sign support structure and/or wall facades that display multiple signs, a separate permit is required. Wall facades, in addition to a sign permit, require a building permit. (Ord. 219, 7-5-2012)

The provisions of this chapter may be enforced in any manner allowed by law including, but not limited to, the following:

   A.   Notice Of Violation: Any person violating any of the sign code provisions set out in this chapter may be given written notice to come into compliance within a set period of time.

   B.   Infraction: Any person violating any of the sign code provisions set out in this chapter may be assessed an infraction payable to the city within thirty (30) days of the citation. Each day after thirty (30) days is considered a separate violation and is subject to all infraction fines.

   C.   Other Penalties: Any person who fails to pay the penalty, or fails to file an appeal to the violation within thirty (30) days shall be subject to other penalties as delineated in title 1, chapter 4 of this code.

   D.   Enforcement; Injunction: Civil action may be brought on behalf of the city in the appropriate court to enjoin violation of this chapter or for an order requiring removal of any sign in violation of this chapter. In any such action the city, if successful, may be awarded its costs and a reasonable attorney fee as provided by the court. (Ord. 219, 7-5-2012)