The purpose of this chapter is to regulate all signs in the City of Hayden that are visible from the public rights of way, public facilities, public pedestrian and bicycle pathways, and navigable waterways. Signs provide an important medium through which individuals and businesses may convey a variety of noncommercial and commercial messages. Depending on their size, number, and design, signs may attract or repel visitors, affect the visual quality of the community, affect the safety of vehicular and pedestrian traffic, and impact, positively or negatively, the character of the community. Aesthetic considerations impact economic values as well as public health, safety, and welfare. Therefore, it is the intent of these regulations to establish standards for the following purposes:

   A.   Recognize and protect the rights of individuals and businesses to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

   B.   Further the objectives of the City’s Comprehensive Plan;

   C.   Maintain and enhance the visual quality (aesthetics) of the community;

   D.   Improve pedestrian and motorist safety by minimizing distractions, obstacles and visual clutter, and to ensure clear views of the roadway and directional or warning signs;

   E.   Protect and enhance economic viability by ensuring that Hayden will be a visually pleasant place to visit and/or reside;

   F.   Protect property values and public/private investments in property;

   G.   Protect views of the natural landscape and sky;

   H.   Avoid personal injury and property damage from unsafe signs;

   I.   Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention; and

   J.   Ensure fair and consistent enforcement of sign regulations. (Ord. 619, 4-13-2021)

No sign shall be constructed, installed, structurally altered, enlarged or relocated except in conformity with the provisions contained herein, and only after a sign permit issued by the City of Hayden has been secured, if so required. The changing or maintenance of movable parts or components of an approved sign, or permitted nonconforming sign, designed for such changes, or the changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter, and/or the content of any sign copy shall not be deemed a structural alteration. (Ord. 619, 4-13-2021)

 

   A.   Conformance to codes: Any sign hereafter erected shall conform to provisions of this title, and all other applicable provisions of this Code.

   B.   Sign Setbacks, Generally: All permanent signs shall be located outside of all utility easements. Shall be a minimum of five feet behind the right-of-way. Shall not be located within two feet of sidewalk. Sidewalk, right-of-way, and utility easement locations shall be defined by the current Transportation Master Plan. An administrative exception may be requested for sites with space restrictions.

   C.   Traffic Visibility: Signs and sign structures shall not be erected in such location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control devices. Signs and/or sign structures shall not obstruct the line of vision in any direction from any street intersection or driveway. Specifically, signs and sign structures shall not be located within the “sight triangle” as defined by this Code, and/or street standards as adopted by Hayden City Council. (See code § 6-1-4 Visibility at Intersection).

   D.   Construction: The following standards shall apply to the construction of all signs in the City, regardless of whether the sign does or does not require a sign permit.

      1.   Code Requirements: All signs shall be constructed in compliance with the adopted Building and Electrical Codes of the City.

      2.   Fastenings: All signs must remain safe and secure during the period of use. All parts of the signs including bolts and cables, shall remain painted, and free of corrosion.

      3.   Stability: Signs shall be constructed so they will withstand wind pressure of at least 70 pounds per square foot of surface and will otherwise structurally be safe, and securely anchored or otherwise fastened, suspended, or supported so that they will not be a hazard to persons or property.

      4.   Lighting: External lighting shall be shielded from view and shall be focused on the sign to avoid stray lighting. Flashing, rotating, and intermittent lighting is prohibited.

      5.   Proximity to Electrical Conductors: Signs and their supporting structures shall be located no closer to electrical utilities than is permitted by the applicable code. No sing including cables and support shall, in any event, shall be within six feet of any electrical conductor, electrical light pole, electrical streetlight, traffic light or public utility pole.

      6.   Prohibited Obstruction: Signs shall not be erected in any manner which interferes with free passage from, or otherwise obstructs a fire escape, downspout, window, door, stairway, ladder or opening required as a means of ingress or egress, or required by Code for the provision of light, air, or stormwater drainage.

   E.   Maintenance of Signs: All signs and sign structures shall be properly maintained in good condition and repair. Should any sign become structurally unsafe or a safety hazard, the owner, upon notification by the City, shall be required to return the sign to a safe condition or remove the sign.

   F.   Removal of Obsolete, Non-maintained or Abandoned Signs: All signs which no longer serve the purpose for which they were intended, are not maintained, have been determined to present a hazard, or have otherwise been abandoned, shall be removed or restored by the business or property owner within 30 days of notice by the City.

   G.   Nonconforming Signs: Any sign legally existing at the passage date hereof that does not conform in use, location, height, or size with the regulations of the zone in which the sign is located, shall be considered a legal non-conforming use or structure, and shall be permitted to continue in such status until such time as the sign is abandoned, removed, relocated, or replaced subject to the following restrictions:

      1.   The structure of the sign may not be altered in any way except toward compliance with this chapter. Structural alterations which are necessary for the maintenance, repair or restoration of the nonconforming sign are permissible, provided said alterations do not increase the size, height, degree of nonconformity, or exceed 50% of the replacement value of the sign.

      2.   The legal, non-conforming sign may not be replaced, except with a sign conforming to the requirements of this chapter.

      3.   The legal non-conforming sign is subject to all requirements of this chapter regarding safety, maintenance, and repair. If, however, the sign suffers damage or deterioration in excess of 50% of its replacement value, it must be brought into compliance with this chapter or removed within 30 days of notification by the City.

      4.   The changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter, and/or the content of any sign copy shall not be deemed an alteration or replacement.

   H.   First Amendment Protection: Any sign allowed under this chapter may contain, in lieu of any other text, any otherwise lawful noncommercial message that does not, for commercial purposes, direct attention to a business operated for profit or to a product, commodity, or service for sale, provided said sign complies with all other provisions of this chapter, including the specific provisions for the type of sign, within the land use designation/zone where the sign is placed. This provision prevails over any more specific provisions to the contrary.

   I.   Illumination of signs shall be controlled as not to shine directly into the window of any residential premises. (Ord. 619, 4-13-2021)

While subject to other applicable requirements and permits, the following signs are authorized without a sign permit:

   A.   Sign Type:

      1.   Official Signs: Signs erected or required by a governmental entity, including but not limited to:

         a.   Traffic control signs authorized by any governmental agency.

         b.   Signs, notices, placards, certificates and official papers, authorized or required by any statute, government agency, public school or court.

         c.   Public utility warning and underground line identification signs. Underground utility warning signs and other safety signs including flags placed in the ground for the purpose of marking under utilities.

         d.   Historical markers/commemorative plaques or cornerstones.

      2.   Temporary Signs: Signs for temporary use shall meet the following requirements:

         a.   Signs are not intended to be used as a substitute for permanent signage.

         b.   Signs shall have a durable backing and shall be fastened to the ground or structure. When attached to the ground, they shall be driven firmly into the ground to prevent theft and loss due to wind.

         c.   Signs may carry any lawful message.

         d.   No temporary sign shall remain on the property for longer than 90 days.

         e.   Three temporary signs may be authorized per lot.

         f.   Signs shall not exceed seven square feet in gross area and shall not be illuminated.

         g.   Prior to placing a new temporary sign on a property, any existing temporary signage along the same street frontage shall first be removed if the placement of the new sign will cause the number of temporary signs to exceed the number allowed on the property.

         h.   The City is authorized to require the removal of a temporary sign if, the temporary sign is or has become dilapidated, obsolete, or is a nuisance to the public.

         i.   Temporary signs shall be placed on private property only with the consent of the property owner. Any signs placed within easements, public right-of-way, or on private property without permission of the owner, are subject to removal without compensation.

      3.   Directional Signs: Directional signs do not require a sign permit, but are subject to the following limitations:

         a.   Only one exit/entrance directional sign shall be authorized per legal approach.

         b.   Directional signs shall not exceed two square feet in gross area.

         c.   Not more than 25% of the area of such sign shall be devoted to personal or business identification or logs.

         d.   Regulatory and/or traffic control signs shall not be considered directional signs, as defined herein.

         e.   Street and Address Signs: Street name and addressing signs, meeting the standards for such signs as detailed in Title 9 Chapter 5 of this Code shall not require a sign permit.

      4.   Commercial, Mixed Use, and Light Industrial Zone Signs: In non-residential zone districts where a drive-through window is allowed, in addition to the freestanding signs allowed, businesses with a drive-through window may have two additional freestanding signs located adjacent to the drive-through land and oriented toward the occupants of the vehicle, provided they have secured all other required building and/or electrical permits. (Ord. 619, 4-13-2021)

Subject to the applicable requirements of this chapter, this title, and the official building code as adopted by the City of Hayden, signs shall be authorized with an approved sign permit, as detailed below for each of the identified zoning designations:

 

For multiple-occupancy commercial and industrial condominium or lease developments under unified control (e.g., shopping centers or industrial complexes), the following regulations shall apply:

   A.   Master Sign Plan Required: A master sign plan shall be required prior to the issuance of new sign permits in the development complex. The master sign plan shall identify standards and criteria for all signs in the complex that require permits. The master sign plan shall be consistent with the standards for all signs generally, and the specific plan shall be consistent with the standards for all signs generally, and the specific regulations associated with the zoning district in which the complex is located, and shall address at a minimum, the following:

      1.   Proposed sign location(s).

      2.   Materials.

      3.   Type of illumination.

      4.   Design of freestanding sign(s).

      5.   Size of sign(s).

      6.   Quantity of different sign types.

      7.   Uniform standards proposed for all signage, including signage that does not require a permit (e.g. direction signage), as well as building and freestanding signage which does require a permit.

   B.   Compliance with Master Sign Plan: All applications for sign permits for signage within the complex shall comply with the approved master sign plan.

   C.   Review of Master Sign Plan: The master sign plan shall be reviewed in accordance with procedures for processing a sing permit application.

   D.   Amendments to the Master Sign Plan: Any amendments to the master sign plan must be signed by the owner(s) of the development complex before such amendment will become effective. (Ord. 619, 4-13-2021)

The following signs are expressly prohibited in all districts within the City of Hayden:

   A.   Signs Constructed Without Required Permit: Any sign constructed after the effective date hereof without a sign permit approved by the City of Hayden, excepting those signs expressly identified as signs authorized without a sign permit.

   B.   Signs Which Obstruct or Interfere With Traffic: Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.

   C.   Signs Which Simulate Traffic Control Devices: Signs which simulate or imitate the size, lettering, illumination, or design of any traffic control device in such a manner as to interfere with, mislead, or confuse the public.

   D.   Signs On Public Property: No portion of a privately owned sign, or its supporting structure may be located on, extend into, encroach upon, or overhang publicly owned property, or a public right-of-way (such as a street, sidewalk, or waterway).

   E.   Flashing Signs: Signs which blink, flash, or are animated by lighting in such a way as to have the appearance of traffic safety signs and/or lights, or Municipal vehicle warnings from a distance.

   F.   Revolving Signs.

   G.   Off Premises Signs: Off premises signs, as defined in this chapter.

   H.   Roof Signs.

   I.   Billboard Signs. (Ord. 619, 4-13-2021)

Building Mounted Signs: (R represents non-residential uses in the R-S, R-1, and MR zone designations, C represents non-residential uses in the C and MU zone designations)

 

 

 

 

Changeable Signs:

 

Freestanding Signs:

 

 

 

 

 

   A.   Permit Required Exception: A permit shall be required for all signs, except those expressly authorized without a permit. Exemption from permit shall not, however, exempt the owner of the sign from responsibility for its erection and maintenance in a safe manner, and in a manner in accordance with all other provisions of this chapter.

   B.   Alteration, Enlargement, Or Relocation Of Signs: No sign shall be structurally altered, enlarged, or relocated except in conformity to the provisions herein, and only upon applying for and securing a permit, unless expressly authorized without a permit.

   C.   Application Requirements:

      1.   The applicant must complete and submit the City’s standard sign permit application form, which shall be accompanied by authorization from the property owner, if the property owner is not the applicant;

      2.   The application shall include the location and dimension of all existing and proposed signs on the development lot;

      3.   The application shall be accompanied by a site plan, drawn to scale, depicting the dimensions of lot, location of all right-of-way, street frontages, utility easements, and ingress/egress to the site; building footprint, including size and dimensions of the building, and building facade where existing signs are located, and where proposed signs are to be located;

      4.   The applicant shall provide a graphic depiction, drawn to scale, of the dimension and design of all existing and proposed signs on the development lot; and

      5.   Construction plans required for all proposed new signs shall be drawn to scale, and shall include dimensions, materials, and required details of construction including loads, stresses, anchorage and other pertinent data. Said building plans shall contain the seal and signature of a registered design professional or professionals, if so required by the adopted Building Code of the City.

   D.   Permit Fees: Fees for sign permits, as established by resolution of Hayden City Council, shall be due and payable at the time of permit issuance.

   E.   Processing Of Permit Applications:

      1.   Within twenty (20) business days of receipt of a complete application for sign permit, the Director, or his/her designee will:

         a.   Approve the sign permit application;

         b.   Approve the sign permit application with conditions; or

         c.   Deny the permit application.

      2.   If the permit application is denied, staff will provide a written statement of the reasons for denial, and what, if anything, can be done to make the application approvable.

      3.   Upon approval of the sign permit application, satisfaction of any conditions that may be applicable prior to permit issuance, and receipt of the applicable sign permit fees, the sign permit will be issued by the City.

   F.   Standards for Sign Permit Approval: City staff shall approve the permit application, if all of the following standards have been met (or if said standards can be met, with conditions as may be included in a conditional approval):

      1.   The sign, as proposed, meets all applicable requirements of this chapter;

      2.   The sign, as proposed, meets all applicable requirements of the City’s Adopted Building and Electrical Codes;

      3.   The sign, as proposed, does not violate any other applicable code and/or standards of the City, State and Federal government.

   G.   Appeal of Decision by the Director, or his/her Designee: Permit decisions by the Director, or his/her designee may be appealed to City Council in accordance with the procedures detailed in chapter 17 of this title. (Ord. 619, 4-13-2021)