A.   Purpose And Authority: It is the purpose of this chapter to establish standards for the fabrication, erection, and use of signs within the city. These standards are designed to protect and promote the public welfare, health, and safety of persons within the community; to protect property values; to promote traffic safety; to provide visibility and to aid in the development and promotion of business by providing regulations which encourage aesthetic creativity, effectiveness, flexibility in the design and use of such devices and to promote energy conservation; and this chapter is adopted in accordance with the authority granted in Idaho Code sections 67-6511, 67-6518, and all applicable laws.

   B.   Historical Character: A historical character is established in Fairfield and this character shall be maintained in the fabrication and installation of signs. This is in keeping with the goal of the community design section in the Fairfield comprehensive plan. (Ord. 248, 7-12-2012)

For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:

ABANDONED SIGN: A sign which no longer advertises a bona fide business, owner, lessor, product or activity conducted.

ANIMATED SIGN: A sign with action or motion, flashing, color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind actuated elements such as flags, banners or specialty items. This definition does not include public service signs such as time and temperature units.

ARCHITECTURAL BLADE: A roof sign or projecting sign with no visible legs or braces, designed to look as though it could have been part of the building structure, rather than something suspended from or standing on the building.

AREA OF SIGN: The area of the face of the sign per side within a perimeter which forms the outside shape, including any frame, which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed.

ART: Any form that is used to depict form or beauty that is not part of the commercial message of the sign.

AWNING: A shelter supported entirely by the exterior wall of the building or structure to which it is attached.

BANNER OR PENNANT: A temporarily placed piece of cloth, plastic, paper, or other such material varying in size, shape, or design, erected as an advertising device.

BILLBOARD: A large outdoor advertising sign and structure typically found in high traffic areas such as state highways or local arterial roads. Billboards present large advertisements to passing pedestrians and drivers. Billboards range in size from ten by sixteen feet (10 x 16') to twenty five by one hundred feet (25 x 100') and may be double sided.

BUILDING COMPLEX: A building or group of buildings within a single architectural plan and/or a parcel of property housing two (2) or more commercial units of operation and providing common facilities or utilities, such as shopping centers, professional office buildings, etc. The building owner may elect to designate a building a complex.

BUILDING FACE OR WALL: All wall area including windows and doors of a building in one plane or elevation.

BUILDING FRONTAGE: The linear width of a principal building fronting the street address right of way.

CANOPY, AWNING OR MARQUEE SIGN: Any such sign attached to or constructed in or on a canopy or marquee.

CANOPY; STRUCTURAL: Any cover or structure that uses a permanent roof structure to provide protection from weather supported by upright support columns or the principal building itself.

CHANGEABLE COPY SIGN, AUTOMATIC: An electronically or electrically controlled time, temperature and date sign, message center or reader board, where different copy changes are shown on the same location.

CHANGEABLE COPY SIGN, MANUAL: A sign on which copy or sign panels may be changed manually, such as boards with changeable letters or changeable pictorial boards.

COMMUNITY OR CIVIC EVENT: A public event, which may be of interest to the community as a whole. This does not include any commercial products, goods or services.

CONSTRUCTION SIGN: A temporary sign identifying a building or construction site and the architects, engineers, financial institutions, contractors, and suppliers involved.

COPY: The wording on a sign surface.

DESIGN REVIEW: The process whereby the planning administrator, planning and zoning commission, or city council review sign design to ensure compliance with the provisions of this chapter.

DIRECTIONAL SIGNS: On premises incidental signs designed to guide or direct pedestrians or vehicular traffic.

FLASHING SIGN: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.

FREESTANDING SIGN: A fixed sign erected on a freestanding frame, mast, or pole and not attached to any building.

HEIGHT OF SIGN: The vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of said sign.

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

MARQUEE SIGN: Any permanent rooflike structure projecting beyond a building. This is generally designed to provide protection from the weather and usually has changeable copy letters on it (i.e., a theater marquee).

MURAL: A picture or scene painted directly on a wall for aesthetic or artistic purposes.

NEON SIGN: Any sign or portion of a building illuminated or outlined by tubes using electrically stimulated neon or other gas.

NONCONFORMING SIGN: Any advertising structure or sign which was erected and maintained prior to the effective date hereof, and which fails to conform to all applicable regulations and restrictions of this chapter.

OFF PREMISES SIGNS: A sign mounted on property other than that occupied by the business being advertised by said sign.

PERMANENT SIGN: Any sign other than a temporary sign.

PORTABLE SIGN: Any sign not permanently attached to the ground or building, such as a sign on wheels, or sign supported by an A-frame apparatus or a heavy weight at the base which can be moved from place to place, or any other device in the form of a sign which is of a temporary nature.

PREMISES: An area of land with its appurtenances and building(s) which, because of its unity, is one unit of real property.

PRINCIPAL BUILDING: The building in which the primary use for the property is conducted.

   A.   In a single use, one business per property.

   B.   In a complex, the building or area of a building from which each business conducts its primary business.

PROJECTING SIGN: A sign, other than a wall sign, which is attached to and projects from a structure or building face.

REVOLVING SIGN: A sign which revolves or rotates about an axis.

ROOF SIGN: A sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by said building. Supports must be an integral part of the design. There shall be no exposed wire or struts.

SANDWICH BOARD SIGN: A temporary sign that is generally constructed in such a manner as to form an "A" or a tentlike shape that is placed on, but not permanently attached to, the ground. This definition also includes signs of similar temporary nature but that are constructed with a base and a single upward sign face, forming an upside down "T".

SIGN: Any structure or natural object or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any product, place, activity, person, institution, organization, or business; or which displays or includes any letter, word, model, banner, flag, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. A sign shall have no more than two (2) sides.

SIGN STRUCTURE: Any structure which supports or is capable of supporting a "sign" as defined in this section.

TEMPORARY SIGN: A sign which is not permanently affixed and has a limited one week display period, after which it is removed.

TOTAL SIGNAGE: The sum of all sign areas.

WALL SIGN: A sign painted on any surface area of a building, including windows and doors, attached to, or erected against, a wall, window or door of a building with the face parallel to the building wall and extending not more than one foot (1') therefrom.

WINDOW SIGN: Any sign installed for the purpose of viewing from the outside.

(Ord. 248, 7-12-2012; amd. Ord. 254, 1-15-2015)

   A.   Permit Required: It is unlawful to erect, construct, reconstruct, structurally alter, or change the use of any "sign", as defined in this chapter without first obtaining a sign permit from the planning administrator.

   B.   Application; Fee; Site Plan: All applications for sign permits shall be on forms furnished by the city and accompanied by the appropriate fee and site plans drawn to scale which show the following specifications:

      1.   Dimensions, lighting, colors, clearances, location, language, images, and setbacks to property lines.

      2.   Other architectural features or design elements of the sign.

   C.   Permit Approval Or Denial:

      1.   The city planning administrator shall have the authority to approve or deny a sign permit application. The city planning administrator's review of the application shall be based on criteria in this title and in this chapter, including those provisions relating to the number, size, location, design, quality, construction, proposed installation and lighting of the sign.

      2.   Denial of a permit by the city planning administrator, or approval of the permit with conditions unacceptable to the applicant may be appealed to the planning and zoning commission pursuant to procedures set forth in section 8-3-2 of this title. (Ord. 248, 7-12-2012)

   A.   Compliance With Chapter: It shall be unlawful for any person to erect, construct, alter, maintain, or use any sign, except as provided for in this chapter.

   B.   Placement In Public Right Of Way: No sign, including temporary signs, shall be placed in any public right of way, except for public signs such as traffic control and directional signs.

   C.   Obstructing Clear Vision: No sign, in any zone, shall be erected in such a manner as to obstruct the free and clear vision of vehicular traffic and pedestrians, or at any location where, by reason of similarity of position, shape, color, words or symbols, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

   D.   Prohibited Signs: The following signs are prohibited in any zone:

      1.   Neon signs on the outside of a building unless neon tubes are used for indirect illumination of lettering, not themselves visible.

      2.   Billboards.

   E.   Banners Or Portable Signs: No banners or portable signs may be used as permanent signs. (Ord. 248, 7-12-2012)

   A.   Home Occupation: One professional or home occupation sign not to exceed four (4) square feet per side may be erected in any district. One freestanding professional or home occupation sign not to exceed eight (8) square feet per side, may be erected in any district along Soldier Road.

   B.   Maximum Signage: Except as otherwise provided herein, the maximum signage in the commercial and light industrial zones shall not exceed one and one-half (1.5) square feet of sign area per linear foot of building frontage up to a maximum of one hundred (100) square feet. If the business is located at the intersection of two (2) city streets, a second sign may be located on the nonaddress side, not to exceed ten (10) square feet.

   C.   Maximum Number Of Signs: The maximum number of signs for a building complex in commercial and light industrial zones shall be as follows:

      1.   One freestanding sign not to exceed twenty five (25) square feet per side for the complex, and one wall sign for each business not to exceed ten (10) square feet each, and they shall have a common design.

      2.   One freestanding sign not to exceed forty eight (48) square feet, or twenty five (25) square feet per side for the complex, and one wall sign for each business not to exceed ten (10) square feet, each having a common design, may be erected in any district along Highway 20.

   D.   Ranch Or Farm Identification: Ranch or farm identification sign incorporated into the entry gate not to exceed thirty (30) square feet per side.

   E.   Internally Lighted Signs: Lighting utilizing internal illumination shall be harmonious with and in accordance with the general objectives of this chapter. Lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area. Lighting will not be disturbing to existing or future neighboring uses. (Ord. 265, 9-17-2015)

   A.   Off site, nonilluminated signs for identification of commercial, tourist, recreational, or cultural use shall be permitted, provided the use's location is off Main Street. Off site signs shall be limited to one with a maximum sign area of ten (10) square feet per side.

   B.   Any property owner leasing, renting, loaning, or donating space for an off site sign to a commercial, tourist, recreational, or cultural use, shall forfeit that same amount of sign area for the property owner's own use. A property owner may lease, rent, loan, or donate to the city without forfeit of sign area.

   C.   Off site signs on vacant lots are prohibited except for a directional sign to a business in the city limits which has a current, valid business license. One sign is allowed per vacant lot, with the size not to exceed ten (10) square feet per side, with the property owner's consent. Signs on vacant lots along Highway 20 are not to exceed thirty two (32) square feet per side. (Ord. 265, 9-17-2015)

The following signs are exempted from provisions of this chapter:

   A.   Directing Traffic: All signs erected in a public right of way by a public agency controlling or directing traffic.

   B.   Political Signs: Political signs pertaining to a specific election displayed within any district, provided they shall be removed within five (5) days after the election.

   C.   Real Estate Signs:

      1.   One unlighted real estate sign in any zone not to exceed four (4) square feet of sign area per side, provided such sign is located on the premises and shall not occupy any portion of the public right of way.

      2.   One unlighted real estate sign advertising two (2) or more lots for sale not to exceed twenty (20) square feet in area per side, provided such sign is located on the premises and shall be removed upon the sale of the last lot.

      3.   One unlighted real estate sign advertising the sale or lease of a farm or ranch, twenty (20) square feet per side, provided such sign is located on the premises.

      4.   Temporary off site real estate sign(s) announcing an open house which shall be removed immediately at the conclusion of the event.

   D.   Construction Signs:

      1.   One unlighted construction sign announcing the construction of a building or project, with sign area not to exceed twenty (20) square feet per side, provided the sign shall be removed upon occupancy of the building or sale of the land for which the sign was intended.

      2.   Signs shall not be erected until a building permit is approved.

   E.   Flags: Flags, either official or historical, of any state or nation. The pole height shall not exceed ten feet (10') above the real roofline, and the flag shall not exceed forty (40) square feet.

   F.   Owner Identification; For Rent: One owner identification or occupant identification sign, for rent, in the residential zone which shall not exceed two (2) square feet per side.

   G.   Warning Signs: Warning signs in commercial and light industrial zones, such as "no parking", and directional signs such as "entrance", not to exceed two (2) square feet per side.

   H.   Temporary Signs: Temporary signs, banners, or pennants announcing community events, yard sales, farmers' markets, and conventions, which shall be removed immediately at the conclusion of the event. Provided, that such signs do not obstruct the free and clear vision of vehicular traffic, parking, and pedestrian crossing. Such signs are not allowed on Soldier Road between Willow Avenue and Camas Avenue.

   I.   Murals: Murals, provided no words or commercial images are used for the intent of advertising. Murals shall be artistic and nostalgic in nature and shall follow the theme of the city's architecture.

   J.   Nonprofit Organizations: Signs for charitable, service and other nonprofit organizations. Signs shall not be more than four (4) square feet per side.

   K.   City Signs: All city signage is exempt.

   L.   Signs Required By Law: All signage required by law is exempt, to include, but not limited to: handicap parking, fire lane, crosswalk and school zone signs. (Ord. 248, 7-12-2012)

Conditional uses for these signs are limited to:

   A.   A special use is a permanent or temporary use conditionally permitted by this chapter or this title and which may be approved subject to conditions as allowed by this title and when not in conflict with the comprehensive plan. (Ord. 248, 7-12-2012)

   B.   Temporary special use sign permits may be granted for any appropriate use, not already listed, by review from the city council. (Ord. 257-A, 1-15-2015)

   C.   Time limits may be set for special use sign permits in addition to the requirements of section 8-12-3 of this title. (Ord. 248, 7-12-2012)

   D.   The special use permit process shall be followed per section 8-12-3 of this title, with review and approval by the city council prior to issuance of a special use sign permit. The city council shall either approve, conditionally approve or disapprove the application as presented.

   E.   Special use permits are required for the following signs regardless of the zoning district in which they are located:

      1.   Off site signs.

      2.   Signs that include flashing, revolving, moving intermittent, or oscillating parts or attachments. (Ord. 257-A, 1-15-2015)

   A.   It shall be the policy of this title to allow, but not encourage, the continuation of existing nonconforming signs. Lawful nonconforming signs shall not be replaced with nonconforming signs.

   B.   Deteriorating or damaged signs shall be repaired or improved within thirty (30) days of notification from the city. (Ord. 248, 7-12-2012)

   A.   Height: No freestanding, projecting, or wall sign shall be designed, constructed, or erected which extends above the roofline of the building containing the business it advertises. These signs may be mounted up to the real roofline of the building.

   B.   Projecting: No projecting sign, canopy, or marquee shall extend from a building to a point five feet (5') beyond the property line and may encroach only within public right of way. The bottom of any projecting sign may not be lower than eight feet (8') above any public right of way.

   C.   Supports: All supports for all signs or sign structure shall be placed in and upon private property.

   D.   Art: Any art or lines that are an integral part of the lettering shall be considered as part of the sign.

   E.   Freestanding: Freestanding signs shall not be greater than twelve feet (12'), measured from natural grade to the top of the sign. No freestanding sign shall extend six feet (6') beyond the property line and may encroach only within public right of way. The bottom may not be lower than eight feet (8') above any public right of way. (Ord. 265, 9-17-2015)

   A.   Safety And Maintenance Standards:

      1.   Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the repair or replacement of defective parts, painting, cleaning, and other acts required for maintenance.

      2.   If the sign is not made to comply with adequate safety and maintenance standards, the planning administrator and/or the building official shall require its removal in accordance with this section.

   B.   Removal And Disposition Of Signs:

      1.   Abandoned Signs: Any sign that is located on property that is vacant and unoccupied for a period of twenty four (24) months or more; pertains to a time, event, or purpose which no longer applies; or advertises products, services, or facilities which have not been available to the public for a period of twenty four (24) months, shall be deemed abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership, management or seasonal closure shall not be deemed abandoned unless the property remains vacant twenty four (24) months or more. Abandoned signs shall be removed by the owner of the premises.

      2.   Dangerous Or Defective Signs:

         a.   No person shall maintain or permit to be maintained on any property owned by him, any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises or the owner of the sign.

         b.   Upon failure of the owner to remove or repair a dangerous or defective sign, the building inspector and/or the planning administrator shall proceed as described in subsection B3 of this section.

      3.   Removal Of Signs: The building inspector and/or the city planning administrator shall cause to be removed any sign that endangers the public safety, such as signs that are abandoned or dangerous structurally, materially, or electrically. The building inspector and/or the planning administrator shall send a notice by certified mail to the owner of the property on which the sign is located specifying the violation involved. If the sign is not removed or the violation not corrected within thirty (30) days from the date of the mailing, the sign shall be removed in accordance with the provisions of this section. If any such person is unknown or cannot be found, notice shall be mailed to the last known address and posted on the sign or premises.

      4.   Right To Appeal: The determination of the building inspector and/or city planning administrator ordering removal or compliance may be appealed by filing written notice with the city council within twenty (20) days after receipt of notice.

      5.   Immediate Removal Of Dangerous Sign: In cases of imminent danger to public safety, the city planning administrator and/or building inspector may cause immediate removal of a dangerous sign without notice.

      6.   Disposal Of Signs; Costs:

         a.   Any sign removed by an agent of the city pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate.

         b.   The cost of removal shall be considered a debt owed to the city by the property owner, and may be recovered in court action or result in a lien against the property. (Ord. 248, 7-12-2012)