The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property rights, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, curb the deterioration of the natural environment and enhance community development. (Ord. 2009-05, 9-28-2009)

   A.   Policies And Procedures: The scope of this chapter is to adopt policies and procedures to review signs in the unincorporated portions of Gem County. This document will enable staff to review the erection, design and materials of signs and to promote quality and safety and avoid confusion on the roadway.

   B.   Safe Construction: Compliance with this chapter will ensure the safe construction of sign structures by regulating the design, quality, construction methods, locations, electrification and maintenance of signs and sign structures not located within a building. (Ord. 2009-05, 9-28-2009)

NONCONFORMING SIGNS: Any sign, sign structure or use of sign existing before enactment of this chapter that does not conform to the standards cited by this chapter.

OFF PREMISES OR OUTDOOR ADVERTISING SIGNS: Any sign that directs attention to the use, name, business, commodity, service, entertainment or land use conducted, sold, or offered elsewhere than the sign location.

ON PREMISES SIGNS: Any sign or advertising structure that the message identifies the property on which the sign is located, its owner or tenant, or directs attention to an offer for sale, lease or rent of said property, or warns the public as to danger, or trespassing thereon, or directs the public upon said property, or informs the public as to current or proposed use of the property, or recites the name of the land use, business, proprietor or nature of products or services provided or manufactured upon said property. (Ord. 2009-05, 9-28-2009)

Signs exempted from county permit requirements are as follows:

   A.   Directional Or Information Signs: Directional or information signs that are no larger than three (3) square feet per face, which help direct on premises land uses or activities, and do not display an advertising message (for example: public convenience signs identifying restrooms, public telephones, walkways and similar features or facilities, parking directions, etc.).

   B.   Memorial Signs Or Tablets: Memorial signs or tablets displaying names of buildings and dates of erection when cut into the surface or facade of the building.

   C.   Signs Required By Law: Signs required by law or that serve the public interest such as traffic signs, railroad crossing signs, legal notices, warning of temporary emergencies, construction zones, presence of underground cable, utility signs, and similar signs installed on public property and are owned and maintained by county, state, or federal agencies or a public utility company.

   D.   Nonprofit Community Or Civic Events: Signs or banners that bear no product advertising and announce nonprofit community or civic events. Such signs or banners shall be removed within seven (7) days following the event.

   E.   Visible Only Within Parcel: A sign that is visible only from within the parcel on which it is found.

   F.   Signs Built Within Municipality: Signs to be built within the limits of a municipality.

   G.   Identification Signs: Signs that identify the architects, engineers, contractors, lenders, government agencies or programs (for instance: FHA, HUD, FMHA, low cost housing, senior citizen center, etc.) and other individuals or firms involved with the construction. This shall not include any advertisement of any product, or signs announcing the character of the building enterprise or the purpose for which the building is intended, or use of the project. The signs shall be confined to the site of the construction and shall be removed within fourteen (14) days after the beginning of the intended use of the project.

   H.   Sale, Rent Or Lease Of Real Property: Signs advertising the sale, rental, or lease of real property or part of the real property on which the signs are displayed up to a total area of thirty two (32) square feet per face. The number of signs shall be limited to one sign per every four hundred feet (400'), or one sign per parcel plus one sign on the homesite, including forty (40) acre parcels. Such signs shall be removed within three (3) days after the sale, rental or lease to conform to Idaho statute. Any off premises advertising signs may not exceed two (2) square feet and must be placed out of the county road and state highway right of way.

   I.   Political Signs: Signs announcing candidates seeking public political office and other data pertinent thereto, up to an area of thirty two (32) square feet for each premises. Such signs shall be confined to private property and not placed prior to sixty (60) days before an election and removed within three (3) days after the election for which they were intended.

   J.   Show Window Signs: Show window signs in a window display of merchandise when incorporated with such a display.

   K.   Temporary Signs: Temporary signs such as auction, open house, yard sale signs may remain a total of seven (7) days. (Ord. 2009-05, 9-28-2009)

   A.   Permit Required: A permit is required before any sign regulated by these provisions is displayed or built on any premises in this jurisdiction.

   B.   Application Form: Applications shall be made on forms provided by the Gem County planning and zoning department. The content of the application shall be as required herein and shall include all of the information needed to complete the application form, supplementary drawings of the sign plan, and any other information needed to complete the application review. The application shall be accompanied by a fee in an amount as established by the Gem County board of commissioners by resolution.

   C.   Sign Plan:

      1.   A sign plan shall be included with the application and shall contain at least the following information:

         a.   Materials to be used in manufacturing and constructing the sign.

         b.   Sign size, message size or field of lettering, and proportions.

         c.   Lettering size or graphic style.

         d.   Design features other than lettering such as symbols, logos, etc.

         e.   Colors scheme.

         f.   Lighting, if proposed.

         g.   Location of each sign on the building(s) and/or property.

      2.   The sign plan shall be drawn neatly to scale to present a clear and accurate picture of the proposal. More than one drawing and drawings at various scale may be used.

      3.   The sign plan shall be a simple layout reviewed for compliance with standards.

   D.   Application Review: The sign permit application will be accepted when the completed forms, including a sign plan and fee are submitted to the Planning and Zoning Office. The application will be reviewed by the Administrator within seven (7) working days of acceptance. The permit will be either approved or denied based upon compliance with provisions herein. If the application is denied, the Administrator will include a written statement of the specific reasons for denial. The applicant may correct the application and request another review by the Administrator. The applicant may appeal any action of the Administrator regarding the review of an application to the Commission.

   E.   Permit Issued: When the administrator has completed the review of the application and has found that the proposal complies with the provisions herein, the administrator will promptly approve the permit. The administrator will notify the applicant by phone or mail. The applicant may then construct, build and display the sign and shall notify the administrator that the work approved by the permit has been completed. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)

   A.   Regulation By County: Gem County will regulate the size, amount and location of signage as provided by this chapter.

   B.   Comprehensive Plan: Signs are also discussed in the comprehensive plan under the community design section of the plan.

   C.   Requirements: All signs within the unincorporated areas of Gem County shall conform to the following requirements:

      1.   No rotating beam, beacon or flashing illumination that may resemble an emergency light shall be used with any sign display. No blinking, rotating or moving parts or components on temporary or permanent signs. Signs shall not have pennants, balloons on portable signs or wheeled trailers. Signs may be lighted by shielded or directed light sources.

      2.   It shall be the responsibility of the owner of the property and/or improvements to remove any sign or signs where the associated land use has been discontinued for more than ninety (90) days. If a onetime event, the removal of signs shall take place within seven (7) days after the event closure.

      3.   If a preview sign has been erected for a future use it shall be a business that has received a special use permit to operate and meets the provisions of the sign ordinance. If the use is permitted, the preview sign must also meet the sign ordinance requirements.

      4.   The size shall be not greater than thirty two (32) square feet per face; for example: that of four feet by eight feet (4' x 8'). Cut out or molded letters, or advertising when applied to buildings, shall be not greater than a thirty two (32) square foot field on the building.

      5.   The design shall incorporate a well thought out, layout design with clean lines and an uncluttered appearance.

      6.   The sign construction shall be completed in a workmanlike quality manner.

      7.   The message may include service, business, owner name, address, telephone number, a logo, or graphic illustration of the product(s) or service(s) offered.

      8.   On ground mounted sign structures, the top of the signs shall be mounted not more than ten feet (10') off the ground. If the street/road elevation is greater than the elevation of the mounting site, street/road elevation may be used to determine the height. The total height of the mounting structure shall be no greater than twelve feet (12'). The intent is to keep the sign within the vision triangle of the motor vehicles. Special attention must be given to the placement of signs near intersecting roads to ensure there is no obstruction of vision from any vehicle.

      9.   No more than three (3) permanent signs may be placed at a given land use. One sign is allowed on the building. One two-way sign or two (2) one-way signs facing each direction is allowed in the land use area.

      10.   For commercial malls or planned unit developments (industrial or commercial or a combination of land use) not more than one ground mounted sign structure shall be allowed on each road or street frontage. The sign may be used as land use and occupant identification sign. Projecting or a swinging sign is not allowed. One sign shall be allowed to be mounted flat to the building front of each shop, store or land use.

      11.   No sign or sign structure, for any purpose other than approved county, state and federal signs shall be placed upon any county road or highway right of way. At no time shall any sign be mounted or affixed to any utility pole or structure other than as may be required by the utility owner or law.

      12.   In Gem County, in a mixed use zone, signage must be applied for as part of the special use permit process.

      13.   If placed inside a window, flashing signs must be not less than three hundred feet (300') from any residentially zoned lot. Distance shall refer to the linear measurement in any direction with relation to the road that the sign faces.

      14.   At no time shall a sign or portions of it be allowed to project above the roofline of the building on which the sign is mounted.

      15.   Outdoor advertising signs are prohibited in the unincorporated areas of Gem County.

      16.   An application for any sign or advertising display or structure for which no specific regulation appears in this chapter shall receive appropriate planning and zoning and building department staff review as outlined in this chapter and by this title and title 12 of this code, if not exempt.

      17.   Any signs placed along State Highway 16 or Highway 52 must meet the standards of the department of transportation and Gem County. (Ord. 2009-05, 9-28-2009)

   A.   Agricultural Use: One two-way or two (2) one-way identification signs each not to exceed thirty two (32) square feet per face.

   B.   Residential Subdivision Entry(ies): One identification sign at two (2) entries not to exceed thirty two (32) square feet per face.

   C.   Commercial Businesses: One two-way or two (2) one-way identification signs each not to exceed thirty two (32) square feet per face.

   D.   Recreation Or Forestry Use: One identification sign, not to exceed thirty two (32) square feet per face.

   E.   Residential Use: One identification sign, not to exceed six (6) square feet per face, and shall be exempt from permit requirements. (Ord. 2009-05, 9-28-2009)

   A.   Authority To Enforce: The administrator and the building official are hereby authorized and furthermore directed to enforce the provisions of this chapter. Enforcement provided for sign ordinance violations shall be as provided for in chapter 14 of this title. The procedure for handling a violation of this chapter will be the same as any planning and zoning violation.

   B.   Abandoned Use Signs: A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business it identifies is no longer conducted on the premises. The owner shall be notified by mail to remove the sign within thirty (30) days or shall be subject to chapter 14 of this title. (Ord. 2009-05, 9-28-2009)