Fremont City Zoning Code

CHAPTER 1149

Signs

1149.01 PURPOSE.

The purpose of this Chapter is to promote and protect the public health, safety, and welfare of the City through a comprehensive system of reasonable, effective, consistent and nondiscriminatory sign standards and requirements. These sign regulations are intended to protect property values, enhance the visual attractiveness of the City, promote harmonious development, and preserve the scenic and natural beauty of designated areas. It is also the intent, through the provisions herein, to give recognition to the legitimate needs of business, industry and other activities in attaining their identification and informational objectives. Similarly, these sign regulations will help protect the character of the City’s residential neighborhoods by discouraging encroachment of signage that undermines the intended character of these areas. It is further intended to have these sign regulations reduce sign clutter, distractions and obstructions that may contribute to traffic accidents; and the elimination of safety hazards that may be caused by overhanging or projecting signs over the public right-of-way.

(Ord. 2020-4053. Passed 1-7-21.)

1149.02 ZONING CERTIFICATE REQUIRED; EXEMPTIONS.

(a) Zoning Certificate Required. No sign shall be erected, moved or structurally altered without first obtaining approval either with an individual zoning certificate or as part of another application within which the sign is only one (1) portion of the project. This includes all new signs, all alterations of existing sign structures and changes of sign messages when one business replaces another and uses the same sign structure.

(b) Exceptions. The following shall be exempt from obtaining a zoning certificate:

(1) Any sign erected and maintained for any governmental function or regulation.

(2) Non-illuminated, residential nameplates not greater than two (2) square feet, mounted on the residence.

(3) Signs, such as "Enter" or "Exit", warning or directing the viewer of action to be taken on private property, if not located in a public right of way and less than nine (9) square feet. All other "Enter" or "Exit" signs shall require a zoning certificate.

(4) Temporary non-illuminated, portable signs that do not exceed twelve (12) square feet and not located in a public right of way.

(5) Non-illuminated signs associated with home occupations provided they do not exceed six (6) square feet and are affixed to the structure.

(6) Non-illuminated signs identifying the name and address of a multiple family dwelling, located in an R-3 Multiple Family District, and provided that such sign does not exceed twenty-four (24) square feet, is located outside of the street right of way and meets corner clearance requirements if located on a corner lot.

(Ord. 2020-4053. Passed 1-7-21.)

1149.03 SIGNS PROHIBITED IN ALL DISTRICTS.

The following signs are forbidden in any district:

(a) Signs that incorporate flashing or moving lights that cause a nuisance, exclusive of changeable copy and electronic message center signs.

(b) Snipe signs attached to any utility pole, tree, hedge or fence.

(d) Projecting signs that exceed to or into the public right of way, except as permitted within the B-1 Central Business District in Section 1149.10(b)(1).

(e) Temporary signs that are provided with electrical power.

(f) Unsecured temporary signs constructed of metal, cardboard and hard plastic that are not securely fastened to a permanent structure or are not securely anchored to the ground as determined by the Zoning Inspector.

(g) Abandoned signs.

(h) Signs that exceed thirty-five (35) feet in height.

(i) Roof top signs.

(j) Signs located in a public right of way except as addressed in subsection (d) of Section 1149.05: Setback Requirements.

(Ord. 2020-4053. Passed 1-7-21.)

1149.04 MEASURE OF SIGN AREA.

(a) The surface area of a sign shall be computed as including the entire display area within a regular geometric form, or combination of regular, geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, together with any material or color used to differentiate the sign from the environment or surroundings in which it is placed.

(b) In computing the area of a double-faced freestanding sign, only one (1) side shall be considered in the calculation of the area provided that the two display surfaces are joined at an angle not greater than fifteen (15) degrees. If greater than fifteen (15) degrees, both sides are counted as sign area.

(c) In computing the area of a sign comprised of multiple faces, the surface area of the sign is equal to one-half (½) of the total surface area.

(d) In computing the area of an off-premise sign, both sides of a double-faced sign shall be considered in the calculation of the area.

(Ord. 2020-4053. Passed 1-7-21.)

1149.05 SETBACK REQUIREMENTS.

(a) Signs, except those permitted in a B-2 General Business District, shall be set back from the established right-of-way line of any street or highway at least two (2) feet. The distance shall be measured from the point of the sign closest to the right of way.

(b) An additional foot of setback shall be required for each additional two (2) square feet of surface area beyond fifty (50) square feet, not to exceed the minimum building setback line.

(d) Signs in the B-2 General Business District may be permitted in the right of way as conditional uses and with approval from the City Engineer if the support structure is located no closer than ten (10) feet from the street pavement and all requirements of Section 1149.10: Signs Permitted in R-O, B-1, B-2, I-1 and I-2 Districts, are met.

(Ord. 2020-4053. Passed 1-7-21.)

1149.06 TEMPORARY SIGNS.

Except as addressed in Section 1149.02: Zoning Certificate Required; Exemptions, temporary signs not exceeding thirty-six (36) square feet in Residential and Conservancy Districts and fifty (50) square feet in Residential-Office, Business, Industrial and Institutional Campus may be erected for a period of sixty (60) days. Any person or firm erecting a temporary sign under this Section shall notify the Zoning Inspector in writing so that the sixty (60) day period can be established. A temporary sign is allowed three (3) times a year for each establishment.

(Ord. 2020-4053. Passed 1-7-21.)

1149.07 MAINTENANCE.

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. Any sign no longer in use or outdated shall be removed. If, within thirty (30) days after notification by the Zoning Inspector, an abandoned sign is not removed, the City has the right to remove such sign and assess the cost to the business, person, agent or owner having the beneficial use of the building, structure, lot or sign.

(Ord. 2020-4053. Passed 1-7-21.)

1149.08 OFF-PREMISE SIGNS.

(a) For the purpose of this Zoning Ordinance, outdoor advertising off-premise signs are classified as a business use and are permitted only in the B-1, B-2, I-1 or I-2 Districts and shall conform to the lot and building requirements for such districts.

(b) One (1) free standing or one (1) mounted off-premise sign may be erected, where permitted, as long as such sign is no closer than 500 feet to another free standing off-premise sign. The maximum number of off-premise signs per lot is one (1). The maximum square footage of an off-premise sign is 300 square feet.

(c) In computing the area of an off-premise sign, both sides of a double-faced sign shall be considered in the calculation of the area.

(Ord. 2020-4053. Passed 1-7-21.)

1149.09 WIND PRESSURE; OBSTRUCTING SIGNS PROHIBITED.

The following general regulations shall apply in all zoning districts:

(a) No advertising sign structure classed as a billboard shall be constructed unless it is designed to withstand a wind pressure of thirty pounds per square foot (30 psf) of exposed area.

(b) No wall sign shall be attached to or obstruct any window, door, stairway or opening intended for needed ingress, egress, ventilation, or light.

(Ord. 2020-4053. Passed 1-7-21.)

1149.10 SIGNS PERMITTED IN R-O, B-1, B-2, I-1 AND I-2 DISTRICTS.

(a) A business located in the B-2, I-1 and I-2 Districts may have one (1) free standing sign provided the sign is on the same property as the main building and provided the total area does not exceed 100 square feet and the lowermost point of the sign is at least ten (10) feet above grade if located in the street right of way.

(1) Shopping centers, strip malls or shopping or office complexes having at least two (2) separate establishments and less than 50,000 square feet of total area are allowed one (1) free standing sign of 175 square feet per face, no more than twenty-five (25) feet above grade level and displaying name and address of the shopping or office complex and the names of tenants.

(2) Shopping centers, strip malls or shopping or office complexes in excess of 50,000 square feet but less than 150,000 square feet of total floor space may have one (1) free standing sign of not more than 250 square feet per face, no more than twenty-five (25) feet above grade level and displaying the name and address of the shopping or office complex, the names of tenants and periodically changing information relative to events within the shopping or office complex.

(3) Shopping centers, strip malls or shopping or office complexes with over 150,000 square feet of total floor space may have two (2) free standing signs of not more than 250 square feet per face each and no more than twenty-five (25) feet above grade level with the same information as above.

(b) A business in the B-1, B-2, R-O, I-1 and I-2 Districts may have a sign affixed to the main building, except that in the R-O District the sign shall not exceed more than twenty (20) square feet. Signs in the B-1 Central Business District shall not exceed more than four (4) square feet for each foot of principal frontage of the lot. Signs in B-2 Districts shall not exceed 100 square feet.

(1) Projecting signs in a B-1 Central Business District shall not extend more than five (5) feet from the building facade into the public right-of-way.

(2) The lowermost point of the projecting sign shall be a minimum of ten (10) feet above the grade.

(c) A business in the B-1, B-2, I-1 and I-2 Districts that is located on a corner lot is permitted two (2) signs affixed to the main building as long as each sign faces a different street.

(d) No advertising sign shall be permitted on a wind or solar energy system other than emergency contact information and should not exceed twenty (20) square feet.

(e) A business in the R-0, B-1, B-2, I-1 and I-2 Districts may opt to have one changeable copy/Electronic Message Center sign in monument style construction as their freestanding sign with the following stipulations:

(1) Electronic messages shall be static and can only change once every five (5) seconds.

(2) The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display’s brightness based on ambient light conditions.

(3) The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.

(4) The procedure and distances for measurements of brightness shall be established by the International Sign Association’s “Recommended Night-time Brightness Levels for On-premise Electronic Message Centers.”

(5) The owners of such signs shall include a signed letter accompanying their zoning certificate application, certifying that they will comply with the prescribed brightness limitations set by this Zoning Ordinance.

(6) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(7) No electronic message center shall be permitted within 100 feet of and facing the front lot line of a residentially zoned lot.

(8) The changeable copy surface of EMC signs do not exceed twenty-four (24) square feet in R-0 District and thirty-six (36) square feet in B-1, B-2, I-1, I-2 and IC Districts.

(Ord. 2020-4053. Passed 1-7-21.)

1149.11 SIGNS PERMITTED IN RESIDENTIAL AND CONSERVANCY DISTRICTS.

Signs permitted in a residential and conservancy district include:

(a) Those signs specifically permitted in Section 1149.02: Zoning Certificate Required; Exemptions, Subsection 1149.02(b).

(b) Legal nonconforming uses, including home occupations, may display signs pertaining to the use of the property, having an aggregate total face area of not more than six (6) square feet, which sign shall be attached to the building.

(c) Permitted nonresidential principal uses are allowed signage not exceeding fifteen (15) square feet located on the premises of the use.

(d) Manufactured home parks may display one (1) sign not exceeding twenty-five (25) square feet in area and located on the premises.

(e) All bed and breakfast homestays are permitted one (1) unlighted three (3) square foot sign attached to and parallel to the front wall of the building. Such sign is designed to identify rather than advertise.

(f) Bed and breakfast inns located in business districts are permitted signage in accordance with the sign requirements for that district. Bed and breakfast inns located in an R-3 District shall meet the requirements of subsection (b)(6) in Section 1149.02: Zoning Certificate Required; Exemptions.

(g) Changeable copy/Electronic Message Centers for conditional uses with the following stipulations:

(1) Up to twenty-four (24) square feet of a permitted monument sign may be a changeable copy/electronic message center.

(2) The electronic messages shall be static and can only change once every five (5) seconds.

(3) The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display’s brightness based on ambient light conditions.

(4) The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.

(5) The procedure and distances for measurements of brightness shall be established by the International Sign Association’s “Recommended Night-time Brightness Levels for On-premise Electronic Message Centers.”

(6) The owners of such signs shall include a signed letter accompanying their zoning certificate application, certifying that they will comply with the prescribed brightness limitations set by this Zoning Ordinance.

(7) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(8) No electronic message center shall be permitted within 100 feet of and facing the front lot line of a residentially zoned lot.

(9) Such signs shall be accessory in use and the display messages shall only include activities that occur on the premises and not advertise or promote off-site businesses, products or services.

(Ord. 2020-4053. Passed 1-7-21.)

1149.12 SIGNS PERMITTED IN AN INSTITUTIONAL CAMPUS (IC) DISTRICT.

(a) Signs Affixed to the Building.

(1) Institutional buildings in the IC District may have one, non-directional sign affixed to the main building not to exceed 100 square feet. A hospital may also have one nondirectional emergency room sign affixed to the main building not to exceed 100 square feet.

(2) Illuminated signs shall be permitted for emergency medical uses and directional signs only and shall not be permitted within 100 feet of and facing the front lot line of a residential zoning lot.

(3) Every office, in the IC District may have a sign affixed to the main building not to exceed six (6) square feet for an individual office.

(b) Collective Signs. In addition to the signs permitted in Section 1149.12(a): Signs Affixed to the Building, the following rules apply to buildings housing multiple offices.

(1) Office complexes having at least two separate establishments and less than 50,000 square feet of total area are allowed one sign affixed to the building not to exceed fifty (50) square feet if the sign is used collectively and displaying the name and address of the office complex and the names of tenants.

(2) Office complexes having in excess of 50,000 square feet may have a sign affixed to the building not to exceed 100 square feet if the sign is used collectively and displaying name and address of the office complex and the names of tenants.

(c) Monument Signs. In addition to the signs permitted in subsections (a), and (b) hereof the following monument signs are permitted.

(1) Every office/business located in an IC District may have a monument sign not to exceed twenty-five (25) square feet and shall be set back from the established right-of-way line of any street or highway at least fifteen (15) feet. The distance shall be measured from the point of the sign closest to the right of way.

(2) An additional foot of setback shall be required for each additional two (2) square feet of surface area beyond fifty (50) square feet, not to exceed the minimum building setback line.

(3) Office complexes having at last two separate establishments and less than 50,000 square feet of total area are allowed one monument sign of fifty (50) square feet per face and displaying name and address of the office complex and the names of tenants.

(4) Office complexes having in excess of 50,000 square feet may have one monument sign of not more than seventy-five (75) square feet per face and displaying the name and address of the office complex, the names of tenants.

(d) An Institutional Campus Facility may have one Changeable copy/Electronic Message Center with the following stipulations:

(1) Up to thirty-six (36) square feet of a permitted monument sign may be a changeable copy/electronic message center.

(2) The electronic messages shall be static and can only change once every five (5) seconds.

(3) The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display’s brightness based on ambient light conditions.

(4) The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.

(7) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(8) No electronic message center shall be permitted within 100 feet of and facing the front lot line of a residentially zoned lot.

(9) Such signs shall be accessory in use and the display messages shall only include activities that occur on the premises and not advertise or promote off-site businesses, products or services.

(Ord. 2020-4053. Passed 1-7-21.)

1149.13 NONCONFORMING SIGNS.

It is the intent of this Zoning Ordinance to permit the continuance of a lawful use of any sign existing at the effective date of adoption of this Chapter, although such sign may not conform to the provisions of this Chapter. It is also the intent that nonconforming signs shall not be enlarged upon, expanded or extended. Sign face changes of nonconforming signs, however, are permitted if the replacement is of equal size or less of the existing nonconforming sign and no structural or foundation work of the existing nonconforming sign is changed or altered as evidenced in writing by a third party entity (i.e. a sign company) acceptable by the Zoning Inspector. Nonconforming signs shall be maintained in good condition consistent with applicable property maintenance and building code provisions. Further, it is the intent that nonconforming signs shall be gradually eliminated and terminated upon their natural deterioration or accidental destruction. The continuance of all nonconforming signs within the City shall be subject to the conditions and requirements set forth herein.

(a) An existing nonconforming sign may be changed or modified subject to approval from the Board of Zoning Appeals (BZA). In reviewing such cases, the BZA must find that specific circumstances are consistent with Section 1165.01: Intent of Appeal or Variance; Subsection 1165.02(f): Decision by Board; Section 1165.05: Review Criteria for Variance Applications; and that the proposed changes reduce the degree of nonconformity.

(b) Should such sign be destroyed by any means to an extent of more than fifty percent (50%) of its appraised replacement cost, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.

(Ord. 2020-4053. Passed 1-7-21.)

1149.14 NON-COMMERCIAL MESSAGE OR GRAPHIC.

Non-commercial signs are permitted in all zoning districts and may be substituted for any sign expressly allowed or regulated under these Codified Ordinances. Non-commercial signs are subject to the same requirements and restrictions on size, type, placement and other conditions and specifications as applied to the sign being substituted.

(Ord. 2020-4053. Passed 1-7-21.)

1149.99 PENALTIES.

The City has the authority to remove any temporary sign improperly located after the adoption of these regulations. If any sign is installed, placed or altered on any property prior to receipt of a required permit, a fine of fifty dollars ($50.00) shall be imposed and the specified permit fee shall be multiplied by four (4). However, payment of the fee shall not relieve any person of any other requirements or penalties prescribed in this Zoning Ordinance. Signs erected outside the provisions of this Chapter may be removed by the City. The cost of removal and storage of such signs will be assessed back to the property owner or the business or individual who receives the advertising benefit of the sign.