Fernley City Zoning Code

CHAPTER 32

10.- SIGNS

Sec. 32.10.010.- Purpose, scope and authority.

(a)

The purposes of these sign regulations are:

(1)

To encourage the effective use of signs as a means of communication in the city; and

(2)

To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; and

(3)

To improve pedestrian and traffic safety; and

(4)

To minimize the possible adverse effect of signs on nearby public and private property; and

(5)

To balance the rights of businesses and individuals to convey messages through signs against the aesthetics and safety hazards that come from the proliferation of sign clutter.

(6)

To enable the fair and consistent enforcement of these sign regulations.

(b)

This chapter is adopted pursuant to the powers conferred to the city in NRS ch. 278.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.020. - Applicability—Effect.

(a)

It shall be unlawful to display, erect, place, establish, paint, or maintain a nonexempt sign in the city except in conformance with the standards, requirements, limitations and procedures of this chapter.

(b)

The effect of this chapter as more specifically set forth herein, is:

(1)

To prohibit all signs except as permitted by this chapter;

(2)

To allow a variety of types of signs in tourist commercial, commercial and industrial zones, and a limited variety of signs in other zones, subject to content neutral standards requirements and limitations;

(3)

To allow certain signs that are appropriately sized and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

(4)

To establish standards, requirements and limitations, and a permit system that honor constitutional rights and requirements; and

(5)

To provide for the enforcement of the provisions of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.030. - Definitions.

TABLE 32.10.030-1 - Definitions

Adjacent	means abuts, is contiguous to or shares a common boundary.
Administrator	The official charged with the duty and authority to administer the City of Fernley Development Code and any person to whom has been delegated applicable powers and duties by the city manager.
Allowable sign area	The total area permitted for all nonexempt signs on a site with certain exceptions expressed in this chapter.
Arterial roadway	A street designated as an arterial roadway in the transportation master plan.
Banner	Any sign of fabric, plastic or similar material that is mounted to a pole, structure or a building at one or more edges.
Banner, feather	A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand that does not meet the definition of a "flag" as defined herein.
Beacon	Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
Building	Any structure having a roof supported by columns or walls used for the enclosure of persons, animals or chattel, but not including a trailer coach or mobile home.
Building frontage	The length of the wall of a completely enclosed main and permanent building on a site which fronts directly on a public or private street or right-of-way.
Building ground floor area	The area of the ground floor enclosed within the walls of all buildings on the site.
Building identification sign	A sign that identifies the name, street address or ownership of the building, with no other text.
Building marker	A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material affixed to a building.
Building sign	Any sign attached to or painted on any part of a building, as contrasted to fence, freestanding and or monument signs.
Business frontage	The length of the face or wall of a completely enclosed and permanent building occupied by an individual building occupant and contains a customer entrance. An occupant may have more than one business frontage if it occupies building frontage facing on two or more streets or public areas. If the building faces two or more streets or public areas, only the two frontages may be used in calculating allowable sign area.
Cabinet sign	A building sign which is an enclosed cabinet with copy on one or more sides and may enclose an integrated light source that can shine through the sides or face of the sign.
Canopy sign	Any sign that is a part of or is attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Changeable copy sign, manual	A sign or portion thereof which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol, and may be changed or re-arranged manually with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign.
Channel lettering	Copy which is individually cut, raised, carved, or manufactured.
Civic display	A temporary display of banners, balloons, flags, lights or similar decorations erected on a public street or other public property in connection with a holiday, or civic event.
Commercial center	A group of contiguous lots organized into a shopping center, strip mall, business park, office condominium or similar grouping that share mutual access, ingress and egress easements.
Commercial message	Any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity or is otherwise defined as "commercial speech" by the Nevada Supreme Court, the United States District Court for the District of Nevada, the Ninth Circuit Court of Appeals, or the United States Supreme Court for purposes of interpreting the United States Constitution or Nevada Constitution regarding freedom of expression or speech.
Community directory sign	A sign, or a group of signs designed as a single display, which gives information about local churches or civic organizations.
Copy	Includes characters, letters, symbols (including logos and trademarks), illustrations and writings.
Co-tenancy	A business which leases or rents space to tenant(s) or business(es) that are housed within their building though they operate as an independent business.
Department	The planning department of the city.
Digital sign	A sign or portion thereof that displays electronic, static images, static graphics, text information, or static pictures, with or without information, defined by a small number of matrix elements using combinations of light emitting diodes (LED), fiber optics, light bulbs, liquid crystal display (LCD) or other illumination devices within the display area. Digital signs include computer programmable, microprocessor controlled electronic or digital displays.
Direct Lighting	means the light fixture or bulbs are visible when looking at the light source or sign.
Directional sign	A permanent sign that directs the flow of traffic or pedestrians and may or may not contain a commercial message. Directional signs shall not exceed four square feet. If the directional sign is considered a monument sign as defined herein, it shall not exceed four feet in height.
Directory sign	A sign, or a group of signs designed as a single display, which gives information about the location of businesses, buildings or addresses within a residential, office, commercial or industrial complex, and no commercial message.
Fence sign	A sign that is mounted or painted on a fence or sound wall.
Flag	A piece of fabric varying in shape, color and design usually attached at one edge to a staff, pole or cord, typically used as a symbol of a nation, state, political subdivision, or organization, which contains a noncommercial message as defined herein.
Freestanding sign	A sign which exceeds six feet in height which is placed on or anchored to the ground or is supported by a sign structure that is placed on or anchored to the ground and is independent from any building or other structure. See section 32.10.100(c) for definition of special freestanding sign.
Frontage	A portion of a site that fronts directly on a public or private street or right-of-way. See "building frontage," "business frontage" and "site frontage."
Grade	means (unless otherwise specified) the average of the highest and lowest elevations of the ground at the base of the sign.
Gross floor area	The sum of the square footage of all the floors of a structure or building.
Halo Illumination	See illumination.
Height	means (unless otherwise specified) the vertical distance from the topmost part of the sign cabinet or copy (whichever is higher) to grade.
Holiday decoration	Any display commonly associated with a holiday as defined in NRS 336.015.
Illegal sign	A sign which was erected or put up after the effective date of the ordinance from which this chapter derives and does not comply with this chapter. The term specifically includes a temporary or election period sign which is left up beyond the time allowed.
Illuminance	The amount of light that is incident to the surface of the sign. This is the method for describing ambient light levels or the amount of light that is projected onto a front-lit sign. This is typically measured in foot-candles.
Illumination	Refers to the type and location of the light source for the sign: • "All types" of illumination means any form of light source including indirect, internal, exposed bulb including neon or other tubes of light. • "Halo illumination" means a form of internal illumination where channel lettering is used, and the light source is hidden behind and glows around the edges of letters or symbols giving the effect of a light halo. • "Indirect illumination" means illumination which is cast on a sign from a source outside the sign. • "Internal illumination" means illumination produced by a light source contained within a sign and not directly visible from outside. • "Liquid-crystal display (LCD)" means a low-power, flat-panel display used in many digital devices to display numbers or images. It is made of liquid containing crystals that are affected by electric current, sandwiched between filtering layers of glass or plastic. LCDs do not produce light of their own; instead, when electric current is passed through the material, the molecules of the "liquid crystal" twist so that they either reflect or transmit light from an external source. • "Light-emitting diodes (LED) lighting" means a type of solid-state lighting that utilizes light-emitting diodes (LED) as a source of illumination rather than electrical filaments or gas. If the sign is made up of matrix of bulbs or light source that individually light up to form images, it will be considered a digital sign and shall comply with subsection 32.10.100(f). • "Neon" means a type of illumination that is produced by neon lights or by lamps containing similar gases such as helium, carbon dioxide, argon or krypton usually electrifying glass tubes or bulbs.
Incidental sign	A sign posted on private property by the owner of the property which is generally informational, contains no commercial message, and has a purpose secondary to the use of the site on which it is located, such as traffic control signs, parking or loading control signs, signs indicating the location of telephones or emergency equipment, and other similar signs. Official signs are not incidental signs.
Indirect illumination	See illumination.
Inflatable sign	Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.
Internal illumination	See illumination.
Interactive Sign	A digital sign that changes the sign message based on a passing vehicle or person. Radar speed signs or other traffic control signs are exempted from this definition.
LED sign	A sign that is lit by use of light-emitting diodes (LED) lighting visible from the outside. Refer to digital sign for regulations.
Linear distance	means that no part of a sign may be within the specified distance of any part of any other sign which is on the same side of the street to which the first sign is oriented.
Lot	A distinct part or parcel of land divided with the intent to transfer ownership or for building purposes which abuts upon a means of access.
Luminance	The physical measurement of brightness or illumination leaving a surface in a direction, or reflected off that surface, and can be thought as measuring the brightness of a surface as seen by the eye. It is measured in candelas per square meters (cd/m2) or nits (one nit = one cd/m2).
Marquee	Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designated and constructed to provide protection from the weather.
Modes of operation	Refers to the types of visual display: • "Static." Signs which include no animation or effects simulating animation. • "Fade." Signs where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. • "Dissolve." Signs where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissolve and lose legibility simultaneous to the gradual appearance and legibility of subsequent message. • "Flashing sign" means a sign which uses blinking or intermittent illumination. • "Message sequencing." Signs where a single thought, idea, concept, message or advertisement for a product or service that is divided into segments and presented over two or more successive display phases of a single dynamic sign or across two or more individual dynamic signs. • "Travel." Signs where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. • "Scrolling." Signs where the message is changed by the apparent vertical movement of the letters or graphic element of the message. • "Video display." Signs that change its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including moving objects, moving patterns or bands of light or expanding or contracting shapes.
Monument sign	A sign which is equal to or less than six feet in height and is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure. See subsection 32.10.100(d) for definition of special monument sign.
Moving sign	A sign where the sign, sign structure, or any part of the sign or sign structure physically moves or rotates by mechanical means. For example, a tri-vision sign is a moving sign. If the only moving part of a sign is a clock, the sign shall not be considered as a moving sign.
Neighborhood bulletin board	Any surface outside a building provided specifically to allow the posting of notices.
Noncommercial message	Any sign copy that is not a commercial message as defined above, and includes any definition of "noncommercial speech" by the Nevada Supreme Court, the United States District Court for the District of Nevada, the Ninth Circuit Court of Appeals, or the United States Supreme Court for purposes of interpreting the United States Constitution or Nevada constitution regarding freedom of expression or speech.
Nonconforming sign	Any sign which was lawfully erected prior to the adoption of an ordinance codified in this chapter, or amendments thereto, which would not be permitted under the ordinance or amendment. This definition shall include signs which were erected without a permit and which would require a permit under the current provisions of this chapter.
Official sign	Any sign owned by, or erected by, or at the direction of the city in furtherance of the official duties of the city or another governmental agency, including, but not limited to, traffic control signs, directional signs, street identification signs, warning signs, parking control signs, area identification signs, and signs prohibiting or controlling access to property.
Parcel	Any unit or contiguous units of land, in the possession of or recorded as the property of one owner.
Pennant	Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind that does not meet the definition of "flag" as defined herein.
Person	An individual, partnership, firm, association or corporation.
Portable sign	A movable sign that is not permanently attached to a structure or the ground, and includes: A-frame, portable reader boards and similar signs. This definition does not include any signs on trailers, vehicles or digital.
Projecting sign	Any sign affixed to a building or wall in such a manner that its face is not parallel to the wall. A marquee is not considered a projecting sign.
Radius distance	means that no part of a sign may be within the specified distance from any part of any other sign.
Residential sign	A monument sign on a site located in a district zoned for agriculture or single-family housing.
Residentially zoned district	means properties with the zoning designations of "RR", "SF", "MDR", or "MF".
Roof	A horizontal or sloping surface of a building which serves as a cover for the building or its entry, portico or other appurtenances. This definition shall include any part of a building which resembles a roof in form or function.
Roof sign	A sign painted on, supported by or attached to the roof or roof structure of a building. This definition shall not include a sign attached flat against the wall of a penthouse; painted flat on the roof and only visible from the air; attached to a mansard roof or parapet as long as the sign does not project above the roofline and there is no other viable location on the building.
Sign	Any marking, device, fixture, placard, or structure that uses any graphics, illumination, symbol, or writing to draw the attention of the public, or advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. This definition shall include all parts of such a device, including its structure and supports and shall also include balloons, pennants, streamers or other devices which are used to attract the attention of the public, whether or not they contain copy. This definition does not include hand-held devices, fixtures or placards.
Sign area	The area of the sign computed in accordance with section 32.10.080 below.
Sign structure	A structure designed to support one or more signs in place.
Site	Means: (i) a lot or parcel owned by a person unless the lot or parcel is part of a combination or commercial center as defined herein; or (ii) a combination of lots or parcels which are contiguous, are owned in fee as a matter of record by the same person or entity, have the same zoning classification, and are designated by the owner to be a site for purposes of this chapter; (iii) a commercial center as defined above; or (iv) a bus stop if the property on which the bus stop is located is leased or licensed to the regional transportation commission.
Site area	The total square footage of the land area of the entire site.
Site frontage	The linear dimension of a site abutting on public or private street right-of-way.
Stacked sign	Two or more signs affixed to the same sign structure and which vary in height from the ground.
Suspended sign	A sign supported from, and below, a building soffit or permanent canopy.
Temporary sign	A sign that is used only temporarily and is not permanently mounted to a structure or ground, and includes portable signs, banners, pennants and inflatables.
Time and temperature sign	A sign or portion of a sign which displays only the current time and/or temperature and carries no other copy. A time and temperature sign shall not be considered a flashing or animated sign and shall not exceed ten square feet.
Tri-vision sign	A sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.
V-type sign	Two or three signs in the shape of the letter "v" or of a triangle, when viewed from above, and supported by integral structures with their faces oriented in different directions.
Wall sign	A sign which is attached parallel, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall or roof of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Included in this definition is a sign attached to the wall of a penthouse or other vertical structure on the top of a roof.
Window sign	Any sign that is placed inside a window or upon the windowpanes of glass and is visible from the exterior of the window.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.040. - Exemptions.

(a)

Unless specifically provided otherwise, the following types of signs and displays are not subject to the provisions of this chapter and are not counted in any aggregate area or number of sign computations:

(1)

Official signs.

(2)

Holiday decorations that:

Do not include a commercial message; and

Are removed within 30 days after the holiday.

(3)

Incidental signs whose size is the not greater than the larger of:

Two square feet; or

As specified for the particular type of sign in the Manual on Uniform Traffic Control devices published by the United States Department of Transportation incorporated by reference in 23 CFR Part 655, Subpart F.

(4)

Handicap parking signs.

(5)

Signs posted on or near easements held by public utilities warning or informing the public about the easements or location of public utilities.

(6)

Building identification signs which show only the street address and/or building number/name.

(7)

Nameplates appearing on residences or mailboxes.

(8)

Civic displays.

(9)

Flags not to exceed four in number and a cumulative total size of 216 square feet.

(10)

Signs which are located within a structure and are not visible from a public street, sidewalk or alley.

(11)

Building markers that do not exceed four square feet in size.

(12)

Signs or copy permanently embroidered, screened, dyed, stenciled or painted into the fabric of umbrellas which are set up in sidewalk cafes.

(13)

Signs painted on or integral to vending machines, fuel dispensing pumps or fuel storage tanks.

(14)

Signs painted on the flat surface of the roof and only visible from the air.

(15)

Murals.

(b)

In the event that a sign fails to meet any criteria, condition or qualification established above for exemption, the sign shall be subject to and governed by all of the requirements of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.050. - Prohibited signs.

(a)

The following types of signs are prohibited within the city:

(1)

Signs not specifically permitted in or which violate any provision in this chapter.

(2)

Signs attached to:

Official signs and their sign structures;

Trees or poles or standards which are used for a purpose other than sign structures; or

Utility structures.

(3)

Roof signs as defined herein.

(4)

Any display or sign that imitates or resembles an official traffic signal, sign device or other official warning signs.

(5)

Interactive signs.

(6)

Signs on wind machines, cellular towers or other equipment except for logos and not exceed eight square inches.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.060. - Prohibited sign location.

(a)

General. Notwithstanding any provision in or right established in this chapter, no sign shall be permitted in any of the following locations.

(b)

Drains, ditches, flood channels. Except for official signs, no sign shall be placed in any ditch, storm drain facility or flood channel, except for signs displayed by a utility regarding any easements or dangers that lie within the drain, ditch or flood channel.

(c)

Signs in the public right-of-way or on public property.

(1)

No sign shall be displayed in any right-of-way or on public property except:

Official signs.

Building markers and building address signs.

Directional signs owned by the city or with a permit.

Community directory signs owned by the city or with a permit.

Signs or copy permanently embroidered, screened, dyed, stenciled or painted into the fabric of umbrellas which are set up in sidewalk cafes in the right of way, provided that the café is operating under an encroachment permit issued by the public works director.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.070. - Standards, limitation and requirements for all signs.

(a)

Consent of owner. No sign shall be placed on any lot without the express permission of the owner of the lot.

(b)

No resemblance or interference with official or warning signs. No sign may resemble, simulate or conflict with the proper functioning of any official sign, or use yellow or red blinking or intermittent lights resembling danger or warning signals;

(c)

No sound or emissions. Signs which produce odor, sound, smoke, flame or other emissions are prohibited.

(d)

No obstruction or interference. No sign shall:

(1)

Obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture;

(2)

Block the light and ventilation of any residence on any adjoining property which is zoned for residential use; or

(3)

Mislead or confuse users of the roadway.

(e)

Stacked signs. Stacked signs are allowed if:

(1)

The other requirements of this chapter are satisfied;

(2)

The sign is integrated with the structure; and

(3)

All signs on the same structure are similar in shape and material with one another, except for channel lettering.

(f)

Compliance with codes. All signs shall comply with applicable provisions of all codes adopted pursuant to Title 8 of the City of Fernley Municipal Code, and with all other ordinances and provisions of Fernley Municipal Code.

(g)

Permanent. Except for residential signs, election period signs, temporary signs, window signs, and special monument signs, all signs shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(h)

Maintenance, repair and appearance. All signs and sign structures shall be maintained in good, safe, structural condition and repair. All signs and display surfaces shall be neat in appearance, and neatly painted or posted, and not ripped, tattered or faded. Premises immediately surrounding freestanding signs shall be kept clean and free of rubbish, weeds and debris.

(i)

Illumination standards.

(1)

Direction of light. The light source for all indirect illumination signs shall be effectively shielded to prevent beams or rays from being directed at any roadway or abutting property.

(2)

Intensity. The intensity and brilliance of light shall not be so great as to interfere with the effectiveness of any official sign, or impair the vision of, or distract any person on any roadway.

(3)

Prohibited light sources. No sign shall use a beacon, strobe light, racing/traveling or an exposed individual light source (excluding LED and neon) which exceeds 75 watts.

(4)

Digital signs. See subsection 32.10.100(f) for special standards.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.080. - Computations.

(a)

Signs not included in computations.

(1)

If the following types of signs comply with all other requirements of this chapter, they need not be included in any allowance computations for area or number of signs:

Building identification signs.

Building markers.

Incidental signs.

Directional signs.

Directory signs.

Temporary signs as provided in section 32.10.120.

Election period signs as provided in section 32.10.130.

Window signs as provided in subsection 32.10.090(d).

Signs exempted under section 32.10.040.

Special freestanding signs.

Special monument signs.

Projected/suspended signs per subsection 32.10.090(d).

As specifically provided in other provisions in this chapter.

Murals.

(b)

Computation of sign area of individual signs. The allowable sign area shall apply to the maximum geometric area of all sign faces. The area of a sign comprised of individual letters or elements attached to a building wall, which are without an integrated background and are not enclosed in a frame or cabinet, the area of the letter can be calculated as long as the distance between the letters and/or elements is less than the largest dimension of the largest sign letter. If such a display consists of more than one line or component, the area of each line or component may be calculated separately. Where a display is enclosed in a frame or cabinet, or has an integrated background, the entire area within the frame, cabinet or background must be included in the calculation.

(c)

Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 25 degrees apart, the sign area shall be computed by the measurement of one of the faces.

(d)

Computation of number of signs.

(1)

All signs contained within a single frame, structure, cabinet or integrated background shall be counted as one sign. If a display is not so contained, a single message or business name shall be counted as one sign. A business name combined with a brief slogan may be counted as one sign if the elements are visually integrated.

(2)

In determining the number of signs:

Pennants or streamers shall be considered one sign.

One banner shall be considered one sign.

One large balloon or one bunch or string of small balloons shall be considered one sign.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.090. - Building signs.

(a)

Except as otherwise provided in this chapter, it shall be unlawful to construct or maintain a building sign in violation of the specifications and requirements of this section.

(b)

Specifications by zoning district.

Table 32.10.090-1 - Building Sign Limitations

Zoning and Use ^[2]	Maximum allowable building sign area	Maximum number of signs allowed ^[1]	Allowance and area limits for projecting and suspended signs	Type of illumination
General Rural (GR20)	9 sq. ft.	1	Not allowed	Indirect only
Rural Residential (RR½, RR1, and RR5)	9 sq. ft.	1	Not allowed	Indirect only
Single-Family Residential (SF6, SF9, SF12, and SF20)	None	None	Not allowed	None
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	None	None	Not allowed	None
Public Facility (PF and OSP)	10 square feet/Acre	No limit	Not allowed	All types; none facing residential zoned properties
Commercial (C1 and MU)	1.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—40 sq. ft. Maximum Sign Area—300 sq. ft.	No limit	6 sq. ft. (max 1) Minimum clearance - 7 feet	All types
Commercial (C2 and EC)	1.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—40 sq. ft. Maximum Sign Area—500 sq. ft.	No limit	6 sq. ft. (max 1) Minimum clearance - 7 feet	All types
Tourist Commercial (TC)	2.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—80 sq. ft. Maximum Sign Area—1,000 sq. ft.	No limit	6 sq. ft. (max. 1) Minimum clearance - 7 feet	All types
Industrial (I and EC)	1 sq. ft. for each foot of business frontage more than 2 business frontages). Minimum Sign Area—40 sq. ft. Maximum Sign Area—250 sq. ft.	No limit	6 sq. ft. (max 1). Minimum clearance - 7 feet	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.

Notes:

[1]

Suspended signs located perpendicular to the front of the building and not exceeding six square feet in area will not be included in calculating the number of signs.

[2]

Institutional or public uses within residential zoning districts may utilize the public facilities standards.

(c)

Specifications applicable to all building signs.

(1)

Building signs within 300 feet of and directly facing a residentially zoned district shall be non-illuminated.

(2)

Signs for co-tenancy shall be calculated as part of the maximum allowable building sign area for the GFA of the building or business it leases or rents from.

(d)

Specifications by sign type.

(1)

Wall signs. Wall signs may not extend above or beyond the wall or roof line.

(2)

Canopy signs. Only one canopy sign will be permitted per business on each frontage and it cannot exceed 25 percent of the vertical surface of the canopy.

(3)

Building identification signs. Only one building identification sign is permitted per building.

(4)

Marquee signs. Only one is permitted per building.

(5)

Projecting/suspended signs. Projecting signs located on private property shall not extend beyond the property line into adjacent lots and, except in any redevelopment area, shall not extend into the right-of-way.

(6)

Window signs. The total area of all window signs in a business frontage may not exceed 50 percent of the total area of all windows for that business in the building. Permits are not required for any window signs, and window signs are not governed by or counted against sign area or number limitations. Window signs must, however, conform to other standards, requirements and limitations in this chapter. The maximum size for digital signs shall be three square feet.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.100. - Freestanding and monument signs.

(a)

Except as otherwise specifically provided in this chapter, and subject to the maximum sign allowances set forth in this section, it shall be unlawful to construct a free standing or monument sign or sign structure in violation of the specifications and requirements of this section.

(b)

Limitations by zoning district.

Table 32.10.100-1 - Monument Sign Limitations

Zoning ^[3]	Maximum Sign Area	Maximum Height of Each Sign ^[2]	Maximum Number of Monument Signs	Illumination
General Rural (GR20)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Rural Residential (RR½, RR1, and RR5)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Single-Family Residential (SF6, SF9, SF12, andSF20)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	32 sq. ft. on each site frontage (excluding directory sign(s))	6 feet	1 per site frontage, not to exceed 2 Plus 1 special monument sign see Section 32.10.100(d)	Indirect, internal and Halo
Public Facility (PF and OSP)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign.	All types
Commercial (C1 and MU)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Commercial (C2 and EC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Tourist Commercial (TC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Industrial (I and EC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.

Notes:

[1]

Drive through businesses may have an additional maximum of two (2) monument signs, not to exceed a combined 80 square feet in addition to the 32 square feet in Table 32.10.100-1 and must be oriented to be visible to the vehicles within the drive through lane. If the drive-through use ceases or is abandoned, the sign are no longer permissible and shall be removed.

[2]

The sign structure may extend above the sign by 10% of the height of a monument sign if (i) the sign structure is separately constructed from the cabinet or face of the sign; (ii) the portion above the cabinet or face does not contain any copy and (iii) the extension adds architectural embellishments to the sign.

[3]

Institutional or public uses within residential zoning districts may utilize the public facilities standards.

Table 32.10.100-2 - Freestanding Sign Limitations

Zoning ^[3]	Maximum Sign Area ^[1]	Maximum Height of Each Sign ^[2]	Maximum Number of Freestanding Sign Structures per Site	Illumination
General Rural (GR20)	Not allowed	Not allowed	None	None
Rural Residential (RR½, RR1, and RR5)	Not allowed	Not allowed	None	None
Single-Family Residential (SF6, SF9, SF12, and SF20)	Not allowed	Not allowed	None	None
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	Not allowed	Not allowed	None	None
Public Facility (PF and OSP)	1 sq. ft. for each foot of individual site frontage up to 200 sq. ft.	16 feet	1 per site frontage up to a maximum of 2	Indirect, internal and halo only except on sites equal to or greater than 10 acres then all types.
Commercial (C1 and MU)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 250 sq. ft.	30 feet	1 per site frontage up to maximum of 2	All types
Commercial (C2 and EC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 500 sq. ft.	35 feet or 60 feet if parcel is within 1500 feet of the Interstate 80 right-of-way.	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(c)	All types
Tourist Commercial (TC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages.	35 feet or 60 feet if parcel is within 1500 feet of the Interstate 80 right-of-way.	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(C.)	All types
Industrial (I and EC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 250 sq. ft.	35 feet	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(C.)	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.

Notes:

[1]

The calculation for the freestanding signs maximum area shall be the sign area includes any and all copy excluding the architectural embellishments to the sign.

[2]

The sign structure may extend above the sign by 20 percent of the height of a freestanding sign or if (i) the sign structure is separately constructed from the cabinet or face of the sign, (ii) the portion above the cabinet or face does not contain any copy, and (iii) the extension adds architectural embellishment to the sign.

[3]

Institutional or public uses within Residential zoning districts may utilize the Public Facilities standards.

(c)

Special freestanding signs (billboards). In addition to other allowances, one special freestanding sign shall be permitted on parcels adjoining the Interstate 80 right-of-way that are zoned commercial or industrial under the following circumstances.

(1)

When applying for the sign permit, the applicant will designate the proposed sign as its special freestanding sign hereunder, and the sign will be specially marked in accordance with instructions from the department to indicate it is a special freestanding sign.

(2)

The special freestanding sign area may not exceed 672 square feet. The sign is not counted against the maximum allowable sign area. If the actual size of the sign is less than 672 square feet, the difference cannot be added to allowable sign area.

(3)

The height shall not exceed 60 feet from "grade" as defined herein.

(4)

Each special freestanding sign is subject to and must comply with all other provisions of this chapter, applicable to a freestanding sign except as otherwise indicated.

(5)

No special freestanding sign shall be a digital sign.

(6)

For moving or tri-vision signs, the minimum exposure time for each panel is ten seconds and maximum twirl time is two seconds.

(d)

Special monument signs. In addition to other allowances, one special monument sign shall be permitted for each entrance of each site in all zoning districts specified in subsection 32.10.100(b) above under the following circumstances and subject to the following conditions and requirements.

(1)

No special monument sign area may exceed 32 square feet. The area of the sign shall not be counted against the maximum allowable sign area for the site, and if the sign is smaller than 32 square feet, the difference shall not be added to the maximum allowable sign area for the site.

(2)

Special monument signs are subject to and must comply with all other requirements of this chapter applicable to monument signs, except:

They may not be illuminated and may not be digital signs.

The architectural requirement in subsection 32.10.100(e)(6) does not apply.

(e)

Other standards, limitations and requirements for freestanding or monument signs.

(1)

Sign separation distance.

Monument signs. No monument sign (including a special monument sign) may be within twenty feet radius distance of any other monument sign.

Freestanding signs. Except for special freestanding signs:

No freestanding sign may be within 100 feet linear distance of any other freestanding sign.

If the freestanding sign includes a digital sign, the radial distance to another digital sign is 200 feet.

Special freestanding signs. A special freestanding sign may be placed within 1,000 linear feet distance of a freestanding sign (except an "outdoor advertising structure" as defined in subsection 32.10.150(a), but no special freestanding sign may be placed within 1,000 linear feet distance of any other special freestanding sign or an "outdoor advertising structure" as defined in subsection 32.10.150(a). Any new special freestanding sign constructed after adoption of this ordinance shall be a minimum of 1,000 linear feet from any other special freestanding sign.

(2)

Extension over property lines. All freestanding or monument signs must be located on one site only and shall not extend over the property line to another site.

(3)

Extension into right-of-way. All freestanding or monument signs shall not extend into any public right-of-way.

(4)

Minimum setback for safe siting standards.

Except as provided in subsection b. below, all freestanding and monument signs (including special freestanding and monument signs) must be located outside of the control area defined below and shall be located in accordance with the most recent edition of American Association State Highway and Transportation Officials (AASTHO) "Roadside Design Guide" and stamped by registered engineer.

For intersections of public streets with residential, collector, or arterial streets where the travel lane is a minimum of five feet from the edge of pavement: The control area is that area between the property lines and a line drawn between a point 15 feet back from the point of curvature of the intersection as measured at the property side of the sidewalk on each leg of the intersection. If no sidewalk exists, the measurement will be along the curb line.

For intersections of private driveways with residential, collector, or arterial streets where the travel lane is a minimum of five feet from the edge of pavement: The control area is that area between the property line and a line drawn between a point 10 feet back from the intersection of the driveway and the sidewalk as measured at the property side of the sidewalk and a line drawn to the point 10 feet back from the intersection of the driveway and the sidewalk as measured on the driveway. If no sidewalk exists, the measurement will be from the intersection of the driveway and the curb.

For intersections of public streets with arterial streets where the travel lane is at the edge of pavement: The control area is that area between the property lines and a line drawn between a point 15 feet back from the point of curvature of the intersection as measured at the property side of the sidewalk on the minor leg of the intersection and a point 50 feet back from the point of curvature of the intersection as measured at the property side of the sidewalk on the major leg of the intersection. If no sidewalk exists, the measurement will be along the curb line.

For intersections of private driveways with arterial streets where the travel lane is at the edge of pavement: The control area is that area between the property line and a line drawn between a point 15 feet back from the intersection of the driveway and the sidewalk as measured at the property side of the sidewalk and a line drawn to the point 15 feet back from the intersection of the driveway and the sidewalk as measured on the driveway. If no sidewalk exists, the measurement will be from the intersection of the driveway and the curb.

All freestanding and monument signs (including special freestanding and monument signs) to be located within the control area shall be in conformance with the safe siting standards set forth in the current edition of A Policy on Geometric Design of Highway and Streets, published by the American Association of State Highway and Transportation Officials, and as established by an analysis sealed by a professional engineer licensed in Nevada opining that the sign does not violate those safe siting standards.

If a permanent building extends into a control area as described above, freestanding, monument and special monument signs may be placed parallel to and within six inches of the walls of the building that extend into the control area, provided that the signs do not block any windows and do not extend beyond or wrap around the corner or edge of the walls. If it is impossible to locate a sign as specified herein because the building abuts the property line, a building sign may be placed on the wall that extends into the control area notwithstanding the limitation of the number of building signs set forth in subsection 32.10.090(b), provided:

The sign is not a projecting sign;

The sign does not extend beyond or wrap around the corner or edge of any projecting sign;

The sign does not cover any windows; and

If the building sign is erected in lieu of a special monument sign, a building permit is obtained under Title 8 of the Fernley Municipal Code, if required.

(5)

Residential. Permits are not required for residential signs.

(6)

Architecture. All freestanding and monument signs and sign structures must contain similar architecture elements and materials visually compatible with buildings on the site. All poles used as a part of freestanding or monument sign structures shall be covered.

(f)

Digital signs. In addition to all of the other limitations, standards and requirements for monument or freestanding signs digital signs are subject to the following limitations, standards and requirements:

(1)

Digital signs shall be allowed only in TC (tourist commercial), C2 (general commercial), EC (employment center) and I (industrial) zoning districts.

(2)

Digital signs shall be allowed in PF (public facilities) on sites greater than five acres in size.

(3)

One digital sign per site frontage, maximum of two digital signs per site.

(4)

The use of fade, dissolve, travel, message sequencing or scrolling is prohibited for signs over 32 square feet, except for properties zoned tourist commercial (TC). The use of video display, flashing or blinking is prohibited for any digital sign.

(5)

Digital signs greater than 32 square feet must contain a minimum constant display of no less than eight seconds, including special freestanding signs. Maximum time allowed for messages to change is one second. Digital signs located in the TC zoning district are exempt from this requirement.

(6)

The digital sign portion shall not exceed 60 percent of the total allowed sign area for freestanding signs in C2, PF, EC and I zoning districts. In TC zoning district, the digital sign portion shall not exceed 80 percent of the total allowed sign area. For monument and special freestanding signs, the entire sign may be a digital sign.

(7)

Digital displays shall not operate at brightness levels of more than 0.3-foot candles above ambient light, as measured using a foot-candle meter at a pre-set distance. The pre-set distances to measure the foot-candles is calculated using the following formula:

The measurement distance can be rounded to the nearest whole number.

(8)

Digital signs shall be sited in a manner that the intensity or brilliance does not interfere with the effectiveness of an official traffic sign, device or signal.

(9)

The digital sign shall include photo-sensors to provide automatic intensity adjustment based on ambient lighting conditions.

(10)

Signs with a digital component shall consist of one unit.

(11)

The distance separation for digital signs, refer to subsection 32.10.100(e).

(12)

The distance separation from any residentially zoned property shall be 300 feet.

(13)

The distance separation shall be measured radially. The distance separation may be reduced to 150 feet if the digital sign is oriented away from the residentially zoned property.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.110. - Fence signs.

(a)

Residential zoning districts. Fence signs in residential zoning districts shall be regulated as monument signs under section 32.10.100.

(b)

All other areas. Fence signs in all other zoning districts shall be regulated as building signs under section 32.10.090 and shall comply with the safe siting requirements set forth in subsection 32.10.100(e)(4.).

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.120. - Temporary signs.

(a)

Portable signs.

(1)

One portable sign may be displayed per business (licensee) without sign permit. Such signs are not to be counted in the maximum allowable sign area or number of signs limitations. Portable signs must comply with the following standards:

Maximum size of eight feet square with maximum height of four feet.

Can only be displayed during business hours.

Portable signs cannot be permanently affixed to the property as required by section 32.10.070(g).

Portable signs may not be illuminated.

Portable signs shall be located within 20 feet of the business (licensee) public entrance.

Portable signs shall not be in public right-of-way, roadway, on-site drive aisle, designated parking area or landscape area and shall be located outside of the visibility triangle of the driveway and/or street.

Portable signs shall not obstruct vehicular or pedestrian traffic.

Portable signs shall not be attached to any structure or vegetation such as utility structures, traffic signs/poles, trees or similar items.

(2)

They must otherwise comply with all other limitations, standards and requirements the limitations in this chapter except and subject to:

The distance requirements in subsection 32.10.100(e)(1) do not apply.

The architectural requirements in subsection 32.10.100(e)(6) do not apply.

(b)

Temporary signs.

(1)

Permit required; duration. At the discretion of the property owner and with the issuance of a temporary sign permit, each site may display up to two signs per public street entrance, not to exceed eight signs and restricted to a period as designated or specified on the temporary sign permit application. Display of temporary signs shall be based on a calendar year between January to December and must be reapplied for annually. If the site has any digital signs, the number of allowed temporary signs shall be reduced by two for each digital sign.

(2)

Standards, requirements and limitations.

The temporary sign permit application must be approved/signed by the site owner/manager. If a site has more than one occupant who wishes to put up signs at the same time, the site owner or manager must determine who can display the signs.

Temporary signs may not be placed in a prohibited sign location (section 32.10.060).

Any temporary sign shall be located on private property and setback at a minimum of one foot for every foot of height from the nearest travel lane. No temporary sign shall be higher than roof or parapet of the building.

The maximum size of a temporary sign shall be 18 square feet. Any sign over this size will require a sign permit and must comply with sections 32.10.090 and/or 32.10.100 of this chapter.

Temporary signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.

Each temporary sign must meet the standards and limitations for all signs set out in section 32.10.070, except:

They cannot be affixed permanently to the ground or building.

They may not be illuminated per subsection 32.10.070(i), nor digital per subsection 32.10.100(f).

The distance requirements in subsection 32.10.100(e)(1) do not apply.

Temporary signs shall not be attached to any structure or vegetation such as utility structures, traffic signs/poles, trees or similar items.

Permitted temporary signs do not count against the maximum allowable sign area.

(3)

Exceptions: Each owner of a vacant building may display a temporary sign affixed to the building not to exceed 80 square feet and does not require a temporary sign permit.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.130. - Additional signs during election periods.

(a)

Election period. An election period begins the first day of filing before and ends ten days after any election conducted under federal, state, county, or city laws or ordinances in which residents of Fernley are entitled to vote, including elections or votes regarding selection or recall of any federal, state, county or city officials, any ballot questions, referendum or advisory vote.

(b)

Additional signs during election period. Additional signs containing any message may be displayed on any site during an election period, subject to the following limitations, standards and requirements.

(1)

Number and size. There is no limitation on the number or size of additional signs. Signs which comply with this subsection do not count against the maximum allowable sign area, or the maximum number of signs allowed under sections 32.10.090 or 32.10.100.

(2)

No sign permit required. A sign permit is not required for any election period sign which otherwise complies with this section. However, building permits may be required under Title 8 of the Fernley Municipal Code depending on the size and nature of the sign.

(3)

Standards, requirements and limitations.

Election period signs may not be placed in a prohibited sign location (section 32.10.060).

Each election period sign must meet the standards and limitations for all signs set out in section 32.10.070, with the following exceptions:

They need not be affixed permanently to the ground or building.

They may not be illuminated, or digital signs.

The distance requirements in subsection 32.10.100(e)(1) do not apply.

The architectural requirements in subsection 32.10.100(e)(6) do not apply.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.140. - Sign permits.

(a)

Requirement. Sign permits are required for all signs except:

(1)

Exempt signs, section 32.10.040.

(2)

As specifically provided in this chapter provided that such signs comply with all of the standards, limitations and requirements in the section regulating them; including, but not limited to:

Residential signs.

Special monument signs per subsection 32.10.100(d).

Election period signs per section 32.10.130.

(3)

Changes in copy of signs or plexiglass panel for which a valid permit exists so long as nothing else is changed in the sign. Any changes affecting the structure or the electricity of the sign including a change to digital sign requires issuance of a sign permit.

If a sign permit is required, the permit must be obtained from the city before construction or installation is started. If a building permit is required under title 8 of the Fernley Municipal Code, it will be included as a part of the sign permit.

(b)

General provisions applicable to all permits.

(1)

Application and fees. Applicants shall use forms and provide information as required by the department and shall submit fees in the amounts provided by resolution or ordinance and shall submit the fees at the times required by the department. Fees are nonrefundable, even if a sign permit is denied.

(2)

Application date. The application date is the date that the department receives at its counter an application on the form provided by the department. An application which contains blanks where information is required to be filled in, or which does not include all the attachments required, or is not accompanied by any fees which must be submitted with the application may be rejected at the counter and is not deemed "received." Otherwise, the application is deemed received.

(3)

Incomplete applications. Applications which do not contain all the information necessary, in the opinion of the administrator, to determine compliance with this chapter shall be denied. If convenient to department personnel, an applicant may be contacted to bring in additional information and the application may be held pending receipt of information, but if the information is not received by the action deadline, the application is deemed denied. If an application is denied for being incomplete, fees will not be refunded.

(4)

Processing. The application will be simultaneously processed by the building official, who shall determine compliance with the requirements of Title 8 of the Fernley Municipal Code, and the administrator, who shall determine compliance with this chapter and any other applicable provision.

(5)

Standards. The building official shall make his decision based on compliance with the requirements of Title 8 of the Fernley Municipal Code. The administrator shall make his decision based on compliance with this chapter and with any other applicable chapter of the Fernley Development Code. A denial of a permit must be based on a determination that, if approved, the sign described in the permit would violate an identifiable standard in the Fernley Development Code.

(6)

Conditional approvals. Conditions related to the application and enforcement of this chapter may be imposed as a part of an approval of a permit. If any condition is not satisfied when due, it shall be treated as a violation of the permit.

(7)

Effect of denial; judicial relief. In addition to any rights available to an aggrieved applicant under NRS 278.0233 and 278.0235, if an application is denied, the applicant may file or cause to be filed in the district court a petition for judicial examination of the validity of the denial as provided by NRS 34.185.

(8)

Effect of approval of permit. Approval of a permit means that the sign described in the permit may be built subject to the terms and conditions stated in the permit, provided that the sign is constructed and continuously maintained in accordance with the provisions of this chapter even if the application describes a sign which does not comply with the provisions of this chapter.

(c)

Sign permits.

(1)

Action deadline; failure to reject by deadline waives permit requirements. For sign permits (except temporary sign permits), the "action deadline" is close of business on the thirtieth calendar day (starting with the first business day following the application date) following the application date. If the "action deadline" falls on a weekend or holiday, it is extended to close of business on the first business day following the weekend or holiday. By the action deadline, both the building official and the administrator shall either approve or deny the application. The application is deemed denied if either the building official or the administrator denies it even if the other approves it. If the application is neither approved, or denied by the action deadline, the applicant shall have a right to construct the sign in accordance with the provisions of the Fernley Development Code except for the requirement of a permit.

(2)

Notice of denial. If an application is denied, a written notice shall be prepared and mailed or hand delivered to the applicant, first class mail, at the address indicated on the application, within five working days following the denial. The written notice of denial shall include the reason for the denial. If the denial is for an incomplete application, the notice shall specify what information needs to be submitted if the application is resubmitted. The deadline for filing for any judicial relief does not commence until this written notice is mailed or hand delivered to the applicant.

(d)

Temporary sign permits.

(1)

Expedited permit process; action deadline. The administrator shall establish an expedited application and approval process for temporary signs, including a simplified application form which could be approved or disapproved over the counter:

Under ordinary circumstances; and

If every blank is correctly and completely filled in.

If an approval of another official is required (such as approval of the airport authority for signs using searchlights), the permit may be approved subject to the condition that the applicant obtain such approval and the permit shall not be valid until that condition is met.

Notification. Notification of approval or disapproval shall be in person, or by telephone, e-mail, fax or other expeditious form of communication.

(e)

Suspension and revocation of sign permits. Any permit issued in error, or in reliance on an application which contains false, misleading, or incomplete information that was material to the administrator's decision may be suspended and revoked by the administrator. The applicant shall be given the notice required by subsection (c)(2) of this section and shall have the right to judicial review as provided in subsection (b)(7) of this section as if the suspension or revocation were a denial of an application.

(f)

Violation of permit. It is unlawful to build or alter a sign in such a way that it does not strictly conform to the permit or any condition in the permit, the application for the permit, or the standards and requirements of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.150. - Nonconforming signs.

(a)

Nonconforming outdoor advertising structures. If a nonconforming sign is a "nonconforming outdoor advertising structure," as defined in state law (NRS ch. 278), the following provisions apply:

(1)

Neither the sign nor supporting structure may be increased in size or height, nor may there be an addition or enhancement to the structure that increases the visual effect or increases the impact on the use of the site, including conversion to digital sign.

(2)

The nonconforming outdoor advertising structure shall be removed on the earlier of:

In excess of 50 percent of the material structural value of the sign is damaged or destroyed as a result of a natural disaster, including, without limitation, a fire, flood, earthquake, windstorm, rainstorm and snowstorm.

A resolution of the city council (not related to the development or redevelopment of the site) orders removal of the sign which resolution provides for just compensation or relocation rights as required by state law. The city council shall give written notice to the owner of the site in accordance with NRS ch. 241 (the open meeting law) and shall hold a public hearing prior to considering such a resolution.

Upon the termination of any lease or rental agreement which governs the location of the sign on the site.

(3)

Until an event enumerated in the subsection above occurs, the nonconforming outdoor advertising structure may remain on the site and may be given routine maintenance.

(b)

Other nonconforming signs. The following provisions apply to nonconforming signs which are not "nonconforming outdoor advertising structure," as defined in state law (NRS ch. 278).

(1)

Height and size. Neither the sign nor supporting structure may be increased in size or height, nor may there be an addition or enhancement to the structure that increases the visual effect or increases the impact on the use of the site, including conversion to digital sign.

(2)

Right to maintain and continue use. A nonconforming sign may be maintained and continued in use, provided that:

It is not altered, enlarged or relocated without a sign permit (but see subsection 32.10.150(b)(3) and (4) below);

It is maintained in good repair and does not become unsightly or hazardous.

(3)

Termination of right to nonconforming sign.

Any nonconforming sign which is a safety hazard shall be removed or repaired within ten days of notice to the owner of the site.

Any nonconforming sign which requires repairs costing in excess of 50 percent of its replacement value shall be removed or made to comply with the provisions of this chapter.

(4)

Alteration, enlargement or relocation. No sign permit shall be issued for the alteration, enlargement or relocation of a nonconforming sign unless the changes will increase the level of conformance with the provisions of this chapter. An existing nonconforming sign cannot be converted to digital unless it is brought into conformance with this code. An existing nonconforming digital sign may be replaced or enhanced as long as the changes will increase the level of conformance with the provisions of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.160. - Abandoned signs.

(a)

Criteria for establishing abandonment. A sign or sign structure shall be considered abandoned when any of the following occurs:

(1)

Any business advertised thereon is no longer in business and has not been in business anywhere for more than 90 days;

(2)

Any product or service advertised thereon is no longer offered and has not been offered for the past 90 days;

(3)

The structure no longer supports a sign for a period of 90 days;

(4)

The sign, structure or advertising display is visibly damaged or partially missing.

(5)

Internal or halo illumination is partially or wholly burned out or inoperative.

(b)

Removal of abandoned signs. Any sign or sign structure which has been abandoned shall be removed or restored to use within 30 days after a notice of abandonment is issued to the owner of the site. Notice shall be given by the administrator using certified mail. The administrator may allow an abandoned sign or sign structure to remain in place provided that the sign or sign structure is maintained in good condition, and that there is a reasonable possibility that the sign can be restored to use within a one-year period.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.170. - Variances.

(a)

Modifications (major deviations, minor deviations, and variances) under section 32.03.090 of this title may not be granted from the provisions of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.180. - Enforcement and penalties.

(a)

To the extent not inconsistent with this chapter, the provisions of chapter 32.05 of this title shall apply to enforcement of this chapter.

(b)

Illegal signs may be removed by city officials.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Fernley City Zoning Code

CHAPTER 32

10.- SIGNS

Sec. 32.10.010.- Purpose, scope and authority.

(a)

The purposes of these sign regulations are:

(1)

To encourage the effective use of signs as a means of communication in the city; and

(2)

To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; and

(3)

To improve pedestrian and traffic safety; and

(4)

To minimize the possible adverse effect of signs on nearby public and private property; and

(5)

To balance the rights of businesses and individuals to convey messages through signs against the aesthetics and safety hazards that come from the proliferation of sign clutter.

(6)

To enable the fair and consistent enforcement of these sign regulations.

(b)

This chapter is adopted pursuant to the powers conferred to the city in NRS ch. 278.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.020. - Applicability—Effect.

(a)

(b)

The effect of this chapter as more specifically set forth herein, is:

(1)

To prohibit all signs except as permitted by this chapter;

(2)

(3)

(4)

To establish standards, requirements and limitations, and a permit system that honor constitutional rights and requirements; and

(5)

To provide for the enforcement of the provisions of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.030. - Definitions.

TABLE 32.10.030-1 - Definitions

Adjacent	means abuts, is contiguous to or shares a common boundary.
Administrator	The official charged with the duty and authority to administer the City of Fernley Development Code and any person to whom has been delegated applicable powers and duties by the city manager.
Allowable sign area	The total area permitted for all nonexempt signs on a site with certain exceptions expressed in this chapter.
Arterial roadway	A street designated as an arterial roadway in the transportation master plan.
Banner	Any sign of fabric, plastic or similar material that is mounted to a pole, structure or a building at one or more edges.
Banner, feather	A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand that does not meet the definition of a "flag" as defined herein.
Beacon	Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
Building	Any structure having a roof supported by columns or walls used for the enclosure of persons, animals or chattel, but not including a trailer coach or mobile home.
Building frontage	The length of the wall of a completely enclosed main and permanent building on a site which fronts directly on a public or private street or right-of-way.
Building ground floor area	The area of the ground floor enclosed within the walls of all buildings on the site.
Building identification sign	A sign that identifies the name, street address or ownership of the building, with no other text.
Building marker	A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material affixed to a building.
Building sign	Any sign attached to or painted on any part of a building, as contrasted to fence, freestanding and or monument signs.
Business frontage	The length of the face or wall of a completely enclosed and permanent building occupied by an individual building occupant and contains a customer entrance. An occupant may have more than one business frontage if it occupies building frontage facing on two or more streets or public areas. If the building faces two or more streets or public areas, only the two frontages may be used in calculating allowable sign area.
Cabinet sign	A building sign which is an enclosed cabinet with copy on one or more sides and may enclose an integrated light source that can shine through the sides or face of the sign.
Canopy sign	Any sign that is a part of or is attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Changeable copy sign, manual	A sign or portion thereof which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol, and may be changed or re-arranged manually with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign.
Channel lettering	Copy which is individually cut, raised, carved, or manufactured.
Civic display	A temporary display of banners, balloons, flags, lights or similar decorations erected on a public street or other public property in connection with a holiday, or civic event.
Commercial center	A group of contiguous lots organized into a shopping center, strip mall, business park, office condominium or similar grouping that share mutual access, ingress and egress easements.
Commercial message	Any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity or is otherwise defined as "commercial speech" by the Nevada Supreme Court, the United States District Court for the District of Nevada, the Ninth Circuit Court of Appeals, or the United States Supreme Court for purposes of interpreting the United States Constitution or Nevada Constitution regarding freedom of expression or speech.
Community directory sign	A sign, or a group of signs designed as a single display, which gives information about local churches or civic organizations.
Copy	Includes characters, letters, symbols (including logos and trademarks), illustrations and writings.
Co-tenancy	A business which leases or rents space to tenant(s) or business(es) that are housed within their building though they operate as an independent business.
Department	The planning department of the city.
Digital sign	A sign or portion thereof that displays electronic, static images, static graphics, text information, or static pictures, with or without information, defined by a small number of matrix elements using combinations of light emitting diodes (LED), fiber optics, light bulbs, liquid crystal display (LCD) or other illumination devices within the display area. Digital signs include computer programmable, microprocessor controlled electronic or digital displays.
Direct Lighting	means the light fixture or bulbs are visible when looking at the light source or sign.
Directional sign	A permanent sign that directs the flow of traffic or pedestrians and may or may not contain a commercial message. Directional signs shall not exceed four square feet. If the directional sign is considered a monument sign as defined herein, it shall not exceed four feet in height.
Directory sign	A sign, or a group of signs designed as a single display, which gives information about the location of businesses, buildings or addresses within a residential, office, commercial or industrial complex, and no commercial message.
Fence sign	A sign that is mounted or painted on a fence or sound wall.
Flag	A piece of fabric varying in shape, color and design usually attached at one edge to a staff, pole or cord, typically used as a symbol of a nation, state, political subdivision, or organization, which contains a noncommercial message as defined herein.
Freestanding sign	A sign which exceeds six feet in height which is placed on or anchored to the ground or is supported by a sign structure that is placed on or anchored to the ground and is independent from any building or other structure. See section 32.10.100(c) for definition of special freestanding sign.
Frontage	A portion of a site that fronts directly on a public or private street or right-of-way. See "building frontage," "business frontage" and "site frontage."
Grade	means (unless otherwise specified) the average of the highest and lowest elevations of the ground at the base of the sign.
Gross floor area	The sum of the square footage of all the floors of a structure or building.
Halo Illumination	See illumination.
Height	means (unless otherwise specified) the vertical distance from the topmost part of the sign cabinet or copy (whichever is higher) to grade.
Holiday decoration	Any display commonly associated with a holiday as defined in NRS 336.015.
Illegal sign	A sign which was erected or put up after the effective date of the ordinance from which this chapter derives and does not comply with this chapter. The term specifically includes a temporary or election period sign which is left up beyond the time allowed.
Illuminance	The amount of light that is incident to the surface of the sign. This is the method for describing ambient light levels or the amount of light that is projected onto a front-lit sign. This is typically measured in foot-candles.
Illumination	Refers to the type and location of the light source for the sign: • "All types" of illumination means any form of light source including indirect, internal, exposed bulb including neon or other tubes of light. • "Halo illumination" means a form of internal illumination where channel lettering is used, and the light source is hidden behind and glows around the edges of letters or symbols giving the effect of a light halo. • "Indirect illumination" means illumination which is cast on a sign from a source outside the sign. • "Internal illumination" means illumination produced by a light source contained within a sign and not directly visible from outside. • "Liquid-crystal display (LCD)" means a low-power, flat-panel display used in many digital devices to display numbers or images. It is made of liquid containing crystals that are affected by electric current, sandwiched between filtering layers of glass or plastic. LCDs do not produce light of their own; instead, when electric current is passed through the material, the molecules of the "liquid crystal" twist so that they either reflect or transmit light from an external source. • "Light-emitting diodes (LED) lighting" means a type of solid-state lighting that utilizes light-emitting diodes (LED) as a source of illumination rather than electrical filaments or gas. If the sign is made up of matrix of bulbs or light source that individually light up to form images, it will be considered a digital sign and shall comply with subsection 32.10.100(f). • "Neon" means a type of illumination that is produced by neon lights or by lamps containing similar gases such as helium, carbon dioxide, argon or krypton usually electrifying glass tubes or bulbs.
Incidental sign	A sign posted on private property by the owner of the property which is generally informational, contains no commercial message, and has a purpose secondary to the use of the site on which it is located, such as traffic control signs, parking or loading control signs, signs indicating the location of telephones or emergency equipment, and other similar signs. Official signs are not incidental signs.
Indirect illumination	See illumination.
Inflatable sign	Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.
Internal illumination	See illumination.
Interactive Sign	A digital sign that changes the sign message based on a passing vehicle or person. Radar speed signs or other traffic control signs are exempted from this definition.
LED sign	A sign that is lit by use of light-emitting diodes (LED) lighting visible from the outside. Refer to digital sign for regulations.
Linear distance	means that no part of a sign may be within the specified distance of any part of any other sign which is on the same side of the street to which the first sign is oriented.
Lot	A distinct part or parcel of land divided with the intent to transfer ownership or for building purposes which abuts upon a means of access.
Luminance	The physical measurement of brightness or illumination leaving a surface in a direction, or reflected off that surface, and can be thought as measuring the brightness of a surface as seen by the eye. It is measured in candelas per square meters (cd/m2) or nits (one nit = one cd/m2).
Marquee	Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designated and constructed to provide protection from the weather.
Modes of operation	Refers to the types of visual display: • "Static." Signs which include no animation or effects simulating animation. • "Fade." Signs where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. • "Dissolve." Signs where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissolve and lose legibility simultaneous to the gradual appearance and legibility of subsequent message. • "Flashing sign" means a sign which uses blinking or intermittent illumination. • "Message sequencing." Signs where a single thought, idea, concept, message or advertisement for a product or service that is divided into segments and presented over two or more successive display phases of a single dynamic sign or across two or more individual dynamic signs. • "Travel." Signs where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. • "Scrolling." Signs where the message is changed by the apparent vertical movement of the letters or graphic element of the message. • "Video display." Signs that change its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including moving objects, moving patterns or bands of light or expanding or contracting shapes.
Monument sign	A sign which is equal to or less than six feet in height and is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure. See subsection 32.10.100(d) for definition of special monument sign.
Moving sign	A sign where the sign, sign structure, or any part of the sign or sign structure physically moves or rotates by mechanical means. For example, a tri-vision sign is a moving sign. If the only moving part of a sign is a clock, the sign shall not be considered as a moving sign.
Neighborhood bulletin board	Any surface outside a building provided specifically to allow the posting of notices.
Noncommercial message	Any sign copy that is not a commercial message as defined above, and includes any definition of "noncommercial speech" by the Nevada Supreme Court, the United States District Court for the District of Nevada, the Ninth Circuit Court of Appeals, or the United States Supreme Court for purposes of interpreting the United States Constitution or Nevada constitution regarding freedom of expression or speech.
Nonconforming sign	Any sign which was lawfully erected prior to the adoption of an ordinance codified in this chapter, or amendments thereto, which would not be permitted under the ordinance or amendment. This definition shall include signs which were erected without a permit and which would require a permit under the current provisions of this chapter.
Official sign	Any sign owned by, or erected by, or at the direction of the city in furtherance of the official duties of the city or another governmental agency, including, but not limited to, traffic control signs, directional signs, street identification signs, warning signs, parking control signs, area identification signs, and signs prohibiting or controlling access to property.
Parcel	Any unit or contiguous units of land, in the possession of or recorded as the property of one owner.
Pennant	Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind that does not meet the definition of "flag" as defined herein.
Person	An individual, partnership, firm, association or corporation.
Portable sign	A movable sign that is not permanently attached to a structure or the ground, and includes: A-frame, portable reader boards and similar signs. This definition does not include any signs on trailers, vehicles or digital.
Projecting sign	Any sign affixed to a building or wall in such a manner that its face is not parallel to the wall. A marquee is not considered a projecting sign.
Radius distance	means that no part of a sign may be within the specified distance from any part of any other sign.
Residential sign	A monument sign on a site located in a district zoned for agriculture or single-family housing.
Residentially zoned district	means properties with the zoning designations of "RR", "SF", "MDR", or "MF".
Roof	A horizontal or sloping surface of a building which serves as a cover for the building or its entry, portico or other appurtenances. This definition shall include any part of a building which resembles a roof in form or function.
Roof sign	A sign painted on, supported by or attached to the roof or roof structure of a building. This definition shall not include a sign attached flat against the wall of a penthouse; painted flat on the roof and only visible from the air; attached to a mansard roof or parapet as long as the sign does not project above the roofline and there is no other viable location on the building.
Sign	Any marking, device, fixture, placard, or structure that uses any graphics, illumination, symbol, or writing to draw the attention of the public, or advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. This definition shall include all parts of such a device, including its structure and supports and shall also include balloons, pennants, streamers or other devices which are used to attract the attention of the public, whether or not they contain copy. This definition does not include hand-held devices, fixtures or placards.
Sign area	The area of the sign computed in accordance with section 32.10.080 below.
Sign structure	A structure designed to support one or more signs in place.
Site	Means: (i) a lot or parcel owned by a person unless the lot or parcel is part of a combination or commercial center as defined herein; or (ii) a combination of lots or parcels which are contiguous, are owned in fee as a matter of record by the same person or entity, have the same zoning classification, and are designated by the owner to be a site for purposes of this chapter; (iii) a commercial center as defined above; or (iv) a bus stop if the property on which the bus stop is located is leased or licensed to the regional transportation commission.
Site area	The total square footage of the land area of the entire site.
Site frontage	The linear dimension of a site abutting on public or private street right-of-way.
Stacked sign	Two or more signs affixed to the same sign structure and which vary in height from the ground.
Suspended sign	A sign supported from, and below, a building soffit or permanent canopy.
Temporary sign	A sign that is used only temporarily and is not permanently mounted to a structure or ground, and includes portable signs, banners, pennants and inflatables.
Time and temperature sign	A sign or portion of a sign which displays only the current time and/or temperature and carries no other copy. A time and temperature sign shall not be considered a flashing or animated sign and shall not exceed ten square feet.
Tri-vision sign	A sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.
V-type sign	Two or three signs in the shape of the letter "v" or of a triangle, when viewed from above, and supported by integral structures with their faces oriented in different directions.
Wall sign	A sign which is attached parallel, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall or roof of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Included in this definition is a sign attached to the wall of a penthouse or other vertical structure on the top of a roof.
Window sign	Any sign that is placed inside a window or upon the windowpanes of glass and is visible from the exterior of the window.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.040. - Exemptions.

(a)

(1)

Official signs.

(2)

Holiday decorations that:

Do not include a commercial message; and

Are removed within 30 days after the holiday.

(3)

Incidental signs whose size is the not greater than the larger of:

Two square feet; or

(4)

Handicap parking signs.

(5)

Signs posted on or near easements held by public utilities warning or informing the public about the easements or location of public utilities.

(6)

Building identification signs which show only the street address and/or building number/name.

(7)

Nameplates appearing on residences or mailboxes.

(8)

Civic displays.

(9)

Flags not to exceed four in number and a cumulative total size of 216 square feet.

(10)

Signs which are located within a structure and are not visible from a public street, sidewalk or alley.

(11)

Building markers that do not exceed four square feet in size.

(12)

Signs or copy permanently embroidered, screened, dyed, stenciled or painted into the fabric of umbrellas which are set up in sidewalk cafes.

(13)

Signs painted on or integral to vending machines, fuel dispensing pumps or fuel storage tanks.

(14)

Signs painted on the flat surface of the roof and only visible from the air.

(15)

Murals.

(b)

In the event that a sign fails to meet any criteria, condition or qualification established above for exemption, the sign shall be subject to and governed by all of the requirements of this chapter.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.050. - Prohibited signs.

(a)

The following types of signs are prohibited within the city:

(1)

Signs not specifically permitted in or which violate any provision in this chapter.

(2)

Signs attached to:

Official signs and their sign structures;

Trees or poles or standards which are used for a purpose other than sign structures; or

Utility structures.

(3)

Roof signs as defined herein.

(4)

Any display or sign that imitates or resembles an official traffic signal, sign device or other official warning signs.

(5)

Interactive signs.

(6)

Signs on wind machines, cellular towers or other equipment except for logos and not exceed eight square inches.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.060. - Prohibited sign location.

(a)

General. Notwithstanding any provision in or right established in this chapter, no sign shall be permitted in any of the following locations.

(b)

(c)

Signs in the public right-of-way or on public property.

(1)

No sign shall be displayed in any right-of-way or on public property except:

Official signs.

Building markers and building address signs.

Directional signs owned by the city or with a permit.

Community directory signs owned by the city or with a permit.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.070. - Standards, limitation and requirements for all signs.

(a)

Consent of owner. No sign shall be placed on any lot without the express permission of the owner of the lot.

(b)

(c)

No sound or emissions. Signs which produce odor, sound, smoke, flame or other emissions are prohibited.

(d)

No obstruction or interference. No sign shall:

(1)

Obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture;

(2)

Block the light and ventilation of any residence on any adjoining property which is zoned for residential use; or

(3)

Mislead or confuse users of the roadway.

(e)

Stacked signs. Stacked signs are allowed if:

(1)

The other requirements of this chapter are satisfied;

(2)

The sign is integrated with the structure; and

(3)

All signs on the same structure are similar in shape and material with one another, except for channel lettering.

(f)

(g)

(h)

(i)

Illumination standards.

(1)

Direction of light. The light source for all indirect illumination signs shall be effectively shielded to prevent beams or rays from being directed at any roadway or abutting property.

(2)

Intensity. The intensity and brilliance of light shall not be so great as to interfere with the effectiveness of any official sign, or impair the vision of, or distract any person on any roadway.

(3)

Prohibited light sources. No sign shall use a beacon, strobe light, racing/traveling or an exposed individual light source (excluding LED and neon) which exceeds 75 watts.

(4)

Digital signs. See subsection 32.10.100(f) for special standards.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.080. - Computations.

(a)

Signs not included in computations.

(1)

If the following types of signs comply with all other requirements of this chapter, they need not be included in any allowance computations for area or number of signs:

Building identification signs.

Building markers.

Incidental signs.

Directional signs.

Directory signs.

Temporary signs as provided in section 32.10.120.

Election period signs as provided in section 32.10.130.

Window signs as provided in subsection 32.10.090(d).

Signs exempted under section 32.10.040.

Special freestanding signs.

Special monument signs.

Projected/suspended signs per subsection 32.10.090(d).

As specifically provided in other provisions in this chapter.

Murals.

(b)

(c)

(d)

Computation of number of signs.

(1)

(2)

In determining the number of signs:

Pennants or streamers shall be considered one sign.

One banner shall be considered one sign.

One large balloon or one bunch or string of small balloons shall be considered one sign.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.090. - Building signs.

(a)

Except as otherwise provided in this chapter, it shall be unlawful to construct or maintain a building sign in violation of the specifications and requirements of this section.

(b)

Specifications by zoning district.

Table 32.10.090-1 - Building Sign Limitations

Zoning and Use ^[2]	Maximum allowable building sign area	Maximum number of signs allowed ^[1]	Allowance and area limits for projecting and suspended signs	Type of illumination
General Rural (GR20)	9 sq. ft.	1	Not allowed	Indirect only
Rural Residential (RR½, RR1, and RR5)	9 sq. ft.	1	Not allowed	Indirect only
Single-Family Residential (SF6, SF9, SF12, and SF20)	None	None	Not allowed	None
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	None	None	Not allowed	None
Public Facility (PF and OSP)	10 square feet/Acre	No limit	Not allowed	All types; none facing residential zoned properties
Commercial (C1 and MU)	1.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—40 sq. ft. Maximum Sign Area—300 sq. ft.	No limit	6 sq. ft. (max 1) Minimum clearance - 7 feet	All types
Commercial (C2 and EC)	1.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—40 sq. ft. Maximum Sign Area—500 sq. ft.	No limit	6 sq. ft. (max 1) Minimum clearance - 7 feet	All types
Tourist Commercial (TC)	2.0 sq. ft. for each foot of business frontage (no more than 2 business frontages) Minimum Sign Area—80 sq. ft. Maximum Sign Area—1,000 sq. ft.	No limit	6 sq. ft. (max. 1) Minimum clearance - 7 feet	All types
Industrial (I and EC)	1 sq. ft. for each foot of business frontage more than 2 business frontages). Minimum Sign Area—40 sq. ft. Maximum Sign Area—250 sq. ft.	No limit	6 sq. ft. (max 1). Minimum clearance - 7 feet	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.

Notes:

[1]

Suspended signs located perpendicular to the front of the building and not exceeding six square feet in area will not be included in calculating the number of signs.

[2]

Institutional or public uses within residential zoning districts may utilize the public facilities standards.

(c)

Specifications applicable to all building signs.

(1)

Building signs within 300 feet of and directly facing a residentially zoned district shall be non-illuminated.

(2)

Signs for co-tenancy shall be calculated as part of the maximum allowable building sign area for the GFA of the building or business it leases or rents from.

(d)

Specifications by sign type.

(1)

Wall signs. Wall signs may not extend above or beyond the wall or roof line.

(2)

Canopy signs. Only one canopy sign will be permitted per business on each frontage and it cannot exceed 25 percent of the vertical surface of the canopy.

(3)

Building identification signs. Only one building identification sign is permitted per building.

(4)

Marquee signs. Only one is permitted per building.

(5)

(6)

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

Sec. 32.10.100. - Freestanding and monument signs.

(a)

(b)

Limitations by zoning district.

Table 32.10.100-1 - Monument Sign Limitations

Zoning ^[3]	Maximum Sign Area	Maximum Height of Each Sign ^[2]	Maximum Number of Monument Signs	Illumination
General Rural (GR20)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Rural Residential (RR½, RR1, and RR5)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Single-Family Residential (SF6, SF9, SF12, andSF20)	9 sq. ft. on each site frontage	6 feet	1 per site frontage, not to exceed 2	Indirect only
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	32 sq. ft. on each site frontage (excluding directory sign(s))	6 feet	1 per site frontage, not to exceed 2 Plus 1 special monument sign see Section 32.10.100(d)	Indirect, internal and Halo
Public Facility (PF and OSP)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign.	All types
Commercial (C1 and MU)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Commercial (C2 and EC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Tourist Commercial (TC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Industrial (I and EC)	32 sq. ft.	6 feet	1 per parcel. See Section 32.10.100(d) special monument sign. ^[1]	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.

Notes:

[1]

[2]

[3]

Institutional or public uses within residential zoning districts may utilize the public facilities standards.

Table 32.10.100-2 - Freestanding Sign Limitations

Zoning ^[3]	Maximum Sign Area ^[1]	Maximum Height of Each Sign ^[2]	Maximum Number of Freestanding Sign Structures per Site	Illumination
General Rural (GR20)	Not allowed	Not allowed	None	None
Rural Residential (RR½, RR1, and RR5)	Not allowed	Not allowed	None	None
Single-Family Residential (SF6, SF9, SF12, and SF20)	Not allowed	Not allowed	None	None
Multifamily (MDR14, MF21, MF30, MU, C1, C2, and EC)	Not allowed	Not allowed	None	None
Public Facility (PF and OSP)	1 sq. ft. for each foot of individual site frontage up to 200 sq. ft.	16 feet	1 per site frontage up to a maximum of 2	Indirect, internal and halo only except on sites equal to or greater than 10 acres then all types.
Commercial (C1 and MU)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 250 sq. ft.	30 feet	1 per site frontage up to maximum of 2	All types
Commercial (C2 and EC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 500 sq. ft.	35 feet or 60 feet if parcel is within 1500 feet of the Interstate 80 right-of-way.	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(c)	All types
Tourist Commercial (TC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages.	35 feet or 60 feet if parcel is within 1500 feet of the Interstate 80 right-of-way.	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(C.)	All types
Industrial (I and EC)	1 sq. ft. for each foot of individual site frontage(s)—maximum of 2 site frontages. Not to exceed a combined total of 250 sq. ft.	35 feet	1 per site frontage up to maximum of 2 Plus 1 special freestanding sign See Section 32.10.100(C.)	All types
Planned Development (PD)	Per the standards in the approved Planned Development Standards Handbook. If approved Planned Development Handbook does not provide guidelines or restrictions for building signs, then the provisions of this table apply to each site as if it were zoned in accordance with its actual use. If there is more than one use in the site, the more restrictive zone classification shall be used.