This chapter shall be known and may be cited as the FRANKLIN SIGN ORDINANCE. (Res. 2007-2-15-2, 2-15-2007)

This chapter is adopted pursuant to the authority contained in article XII, section 2 of the constitution of the state of Idaho and of the Idaho Code. (Res. 2007-2-15-2, 2-15-2007)

To regulate the location, size, placement, and certain features of signs in order to increase safety to life and property, to reduce unnecessary distractions along public road rights of way, and assure the continued attractiveness of this city while allowing for the appropriate identification of property and businesses. (Res. 2007-2-15-2, 2-15-2007)

For the purposes of this chapter:

ANIMATED SIGN: A sign that uses movement or change of lighting to depict action or create a special effect or scene.

AREA OF SIGN: Measured from the outer edge of the sign or frame holding the sign.

AWNING: A movable shelter supported entirely from the building and a type which can be retracted, folded or collapsed against the face of the building. Regulations regarding canopies apply to all awnings.

BANNER: A sign or street graphic composed of fabric or similar material that is mounted to a pole, building, or other structure by a frame at one or more edges.

BILLBOARD: See definition of Off Premises Sign.

BUSINESS SIGN: A sign which identifies and/or directs attention to the business, profession, commodities, services, entertainment or activities conducted, sold, displayed, or offered or stored on the premises where the sign is located.

CANOPY: A permanently roofed shelter covering a sidewalk, driveway or similar area, which shelter may be wholly or partially supported by columns, poles, or braces extended from the ground; provided, that in no event shall said canopy extend over the public right of way.

CANOPY SIGN: A sign applied to or painted upon a "canopy" as defined in this section. Such sign shall be an integral part of the canopy and have no relief. An awning will be considered a canopy sign.

CONSTRUCTION SIGN: A temporary sign announcing subdivision development construction or other improvements of property by a builder, contractor or other person furnishing services, materials or labor to said premises.

ELECTRONIC MESSAGE SIGN: An electronic sign which flashes or rolls a message across it about the services or products of the business and may also have the time and temperature displayed. The electronic message sign may be incorporated into a business sign but may not increase that sign's maximum size or height.

FREESTANDING SIGN: A sign which is supported by one or more columns, uprights, poles, or braces extended from the ground or from an object on the ground, and is permanent in nature.

HEIGHT: The vertical distance measured from the elevation of the nearest sidewalk (or in the absence of a sidewalk from the lowest point of finished grade on the lot upon which sign is located, but within 25 feet of the sign) to the uppermost point of the sign or sign structure.

IDENTIFICATION SIGN: A sign displayed to indicate the name or nature of buildings or uses, other than commercial or industrial uses, located upon the same premises as the sign, i.e., schools, hospitals, churches, etc.

ILLUMINATION, DIRECT: Lighting by means of an unshielded light source (including neon tubing) which is effectively visible as part of the sign, where light travels directly from the source to the viewer's eye.

ILLUMINATION, INDIRECT: Lighting by means of a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the front, or the entire building facade upon which the sign is displayed.

ILLUMINATION, INTERNAL: Lighting by means of a light source which is within a sign having a translucent background silhouetting opaque letters or designs, or which is within letters or designs which are themselves made of translucent materials.

JOINT IDENTIFICATION SIGN: A sign which serves a common or collective identification for two (2) or more businesses or industrial uses on the same lot.

MARQUEES: A permanently roofed structure attached to and wholly supported by a building, and projecting from the building.

MONUMENT SIGN: A sign which is supported by its own foundation and internal support system independent of any other structure.

NAMEPLATE AND HOME OCCUPATION SIGN: A sign indicating the name and occupation of a person or persons residing on the same premises or legally occupying the same premises, or indicating a home occupation legally existing on the premises of the sign. The sign must be attached to the building.

OFF PREMISES ADVERTISING SIGN: Any off premises sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which sign is erected or displayed.

OFF PREMISES SIGN: Any off premises sign, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which sign is erected or displayed. The sign will not exceed seventy two (72) square feet, may not be illuminated, and must be located on the property of an existing commercial business, with no more than one off premises sign allowed per commercial business. Off premises signs shall not be allowed when the commercial business where the off premises sign is located ceases its business activities for a period of six (6) months. On scenic and/or historic byways, off premises signs are prohibited in any established city impact area. There shall also be a one thousand foot (1,000') distance between any two (2) off premises signs.

ON PREMISES SIGN: A sign which relates solely to a use, business, profession, service, etc., provided or offered upon the premises where the sign is located.

PORTABLE OR WHEELED SIGNS: A sign that is movable and temporary, constructed for the purpose of display and advertisement. These signs can only be used for special events.

PROJECTING SIGN: A sign attached to a building or extending in whole or part, twelve inches (12") or more horizontally beyond the surface of the building to which the sign is attached. Support structure must be perpendicular to surface of the building.

REAL ESTATE SIGN: A sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

ROOF SIGN: A sign painted on the roof of a building, or a sign supported by poles, uprights, or braces attached to the roof of a building. No part of the sign may extend vertically above the highest portion of the roof and the sign erected upon or against the side of the roof must have a forty five degree (45°) angle, or less, from the vertical.

ROOFLINE: The highest point on any building including any parapet wall, not including chimneys and exhaust system housing.

SIGN: Any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem or trademark, flag or banner, or any other figure of similar character. If, for any reason, it cannot be readily determined whether or not an object is a sign the building inspector and/or county engineer shall make such determination.

SIGN FACE: The surface of a sign, upon, against or through which the message is displayed or illustrated.

TEMPORARY SIGN: Any sign not permanently erected, visible for no more than sixty (60) days in any one year period.

TIME-TEMPERATURE-DATE SIGN: A sign which displays the current time, outdoor temperature and/or date of the month. See definition of Electronic Message Sign.

WALL SIGN: A sign painted on a wall or displayed upon or against the wall of an enclosed building, where the exposed face of the sign is in a place parallel to the plane of said wall and extends not more than twelve inches (12") horizontally from the face of said wall.

WIND SIGN: A sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

WINDOW SIGN: A sign which is painted on, applied or attached to, or located within three feet (3') of, the interior of a window; which sign can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as part of a window sign. (Res. 2007-2-15-2, 2-15-2007)

No person or entity shall erect, alter or relocate any sign within Franklin without first obtaining a sign permit from the building inspector, except where exempted in section 7-16-7 of this chapter. Permit applications may be obtained at the building inspector's office. A fee of twenty five dollars ($25.00) per permit application shall be remitted at the time of application. The building inspector shall have one week from the application date to either grant or reject a permit application. Appeals from action of the building inspector may be taken to the planning and zoning commission within thirty (30) days. Appeals from the planning and zoning commission may be taken to the city council within thirty (30) days. (Res. 2007-2-15-2, 2-15-2007)

Signs requiring permits are as follows:

Canopy sign.

Freestanding sign.

Identification sign.

Joint identification sign.

Monument sign.

Nameplate and home occupation sign.

Off premises sign.

Projecting sign.

Roof sign.

Time-temperature-date sign.

Wall sign.

Window sign. (Res. 2007-2-15-2, 2-15-2007)

   A.   Bulletin Boards: Bulletin boards twenty (20) square feet or less which are used for the purpose of notification to the public of an event or occurrence of public interest, such as a church service, political rally, civic meeting or other similar events.

   B.   Identification Signs: Identification signs for church or other institutions, provided such signs are erected and contained on the property where the church or institution is located, do not have illumination, and do not exceed twelve (12) square feet in area.

   C.   Dead End Road Sign: Provided such signs are two feet by three feet (2' x 3'), six (6) square feet or smaller, and located entirely on private property.

   D.   Election Signs: Provided such signs favoring or opposing a candidate or issue are confined to private property and city road rights of way. Election signs may be erected sixty (60) days prior to the election and must be removed within one week following the election. No election sign shall be placed within or on publicly owned property except for city road rights of way as far from the center of the road as possible; all election signs must be authorized by the owner of property on which the election sign is placed. No election signs shall exceed an area of thirty two (32) square feet.

   E.   Flags: Flags bearing the official design of a nation, state, municipality, or educational institution or related to the business. And must be attached to a permanent pole.

   F.   Incidental Sign: Incidental sign which is generally informational that has a purpose secondary to the purpose of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives and is less than four (4) square feet in total area. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

   G.   Real Estate Signs: Temporary signs located on the premises, shall be placed on the property for no longer than one month past the sale, and used for the purpose of selling or renting property. Signs for selling or renting a residence shall be no larger than two feet by three feet (2' x 3') or six (6) square feet; signs for selling or leasing farm ground or commercial shall be no more than four feet by eight feet (4' x 8') or thirty two (32) square feet.

   H.   No Trespassing Signs: Signs that are two feet by three feet (2' x 3'), six (6) square feet or smaller, and located entirely on private property.

   I.   Residential Identification Signs: Provided such signs are limited to no more than six (6) square feet or smaller, and located entirely on private property.

   J.   Seasonal Agricultural Produce: Signs for the sale of seasonal agricultural produce provided such signs are placed for a period not to exceed four (4) months and located entirely on the property where the produce is being sold.

   K.   Special Events: Provided such signs shall be placed no earlier than three (3) weeks prior to the event, shall be removed no later than one week following the event, shall not exceed thirty two (32) square feet in area, shall be safely affixed, shall not be placed within or on publicly owned property or rights of way, shall be authorized by the owner of the property on which the sign is placed and shall not project beyond the property boundary.

   L.   Public Signs: Signs required or specifically authorized for a public purpose by any law, statute or ordinance; may be of any type, number area, height, location or illumination authorized by law. Such signs are considered to include safety signs, danger signs and traffic signs.

   M.   Construction Signs: Signs advertising subdivision development, construction, alteration, or repair, announcing the names of contractors, architects, engineers, and firms involved with the construction, or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall conform with the following:

      1.   Limited to on premises, freestanding, wall or window signs shall not exceed sixty four (64) square feet in total area or thirty two (32) square feet per face, and shall not exceed eight feet (8') in height, and shall be removed within fourteen (14) days after the completion of work.

      2.   Subdivision signs announcing names of architects, engineers, contractors, developers, or other individuals, or firms involved with the subdivision of property or announcing the character of the subdivision; shall not exceed thirty two (32) square feet per side in total area per sign and shall not exceed eight feet (8') in height to the top of sign.

   N.   Grand Opening-Closing Signs: Signs of a temporary nature announcing a grand opening or closing, or reopening of an establishment. Such signs are permitted fourteen (14) days before the event and must be removed within seven (7) days after the event, with a total time limit of thirty (30) days. Streamers, ribbons and pennants are allowed during the same time. (Res. 2007-2-15-2, 2-15-2007)

   A.   Illuminated signs shall be subject to the following conditions:

      1.   Any direct light used for the illumination of a sign shall be shielded downward onto the sign so that the beams or rays of light will not shine directly onto surrounding areas or into the sky, but directly onto the sign.

      2.   Signs in commercial and industrial areas may be illuminated, provided they do not shine directly into any residential areas.

      3.   All illuminated signs shall be fitted with timers, which will turn off all lights from ten thirty o'clock (10:30) P.M. to five o'clock (5:00) A.M. Businesses which are open for commerce between ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. are exempted and are required to turn off the lights when closing. (Res. 2007-2-15-2, 2-15-2007)

 

Notes:

1.   All signs attached to or painted on a building cannot cumulatively exceed 20 percent of the building facade to which they are attached (includes canopy, projecting, roof, wall and window signs).

2.   Institutional buildings exempt at 8 square feet and nonilluminated.

3.   100 square feet plus 25 square feet for each additional business with a maximum of 200 square feet.

4.   Monument height is 8 feet but can be placed on a 4 foot earth berm or mound that is appropriately landscaped.

5.   Must be removed within 1 week of the event.

6.   Electronic message sign or time-temperature-date part of sign does not increase the maximum size of the sign into which it is incorporated.

7.   One freestanding or monument sign allowed per business.

(Res. 2007-2-15-2, 2-15-2007)

   A.   Animated Signs: All animated signs and all flashing signs that have on and off phases.

   B.   Wind Signs: All wind signs that include streamers, banners, balloons, and similar wind activated materials, except at grand openings-closings and special events as regulated in section 7-16-7 of this chapter.

   C.   Obsolete Signs: Obsolete signs advertising for longer than thirty (30) days a discontinued business, service, or activity or directional signs for a business, service, or activity which has changed the location to which it directs.

   D.   Signs That Imitate: Signs resembling or imitating traffic control signs or other government signs.

   E.   Obstructing View: Signs erected or placed which partially or completely obstruct the view or the face of another sign.

   F.   Parking Of Advertising Vehicles: No person shall park any vehicle or trailer so as to be visible from a public right of way, which has attached thereto or thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property.

   G.   Flashing External Signs: Any external sign with lights which blink, flash, move, rotate, scintillate, flicker, vary in intensity or color or use intermittent electrical pulsations, except light which are placed behind rigid, permanently affixed translucent panels and approved by conditional use. Time-temperature-date signs incorporating the use of blinking lights to display a message or graphic shall be permitted if a conditional use permit is granted and provided two (2) of the following are displayed within each message cycle as a public service: time, temperature, or date. Electronic message signs, as previously defined herein, are not prohibited.

   H.   Obscene Signs: Any sign which contains words, statements or pictures of an obscene nature; or any sign which would violate the provisions of chapter 41, title 18, Idaho Code.

   I.   Unsafe Signs: Any sign which is structurally unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation or placement.

   J.   Signs That Cause Glare: Signs with direct rays of light which penetrate a property used for residential purposes or which may cause a glare, impair the vision of, or otherwise interfere with the driver of any motor vehicle. (Res. 2007-2-15-2, 2-15-2007)

All signs in existence at the passage hereof that do not comply with this chapter may be maintained. However, if such signs are changed, physically altered in size or location or illumination, then, such signs must conform to this chapter. (Res. 2007-2-15-2, 2-15-2007)

Signs regulated by this chapter shall be maintained in good visual and structural appearance at all times. Franklin, or any of its officers or employees, shall not be liable for negligence for failure of the owner or the person responsible for maintaining any sign to keep such sign in good condition or be responsible for damages caused by defective conditions. Those signs damaged by weather conditions or by accident shall be repaired within thirty (30) days, or shall be replaced or removed. The removal of signs shall be at the landowner's expense. (Res. 2007-2-15-2, 2-15-2007)

Where there exists conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures, and the use of land, or any other matter, the more stringent limitation or requirement shall govern or prevail. (Res. 2007-2-15-2, 2-15-2007)

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by fine of not more than three hundred dollars ($300.00). Every person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted to continue by any such person. (Res. 2007-2-15-2, 2-15-2007)