The purpose of this Section is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the City. These standards are enacted to protect the public health, safety, and welfare of persons within the community. They are intended to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design of such devices without creating detriment to the general public. (Ord. 232, 4-14-2010)

Words and phrases used in this Section shall have the meanings set forth in this section and in Chapter 2 of this Title. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Title.

 

No person shall erect, alter, or relocate any permanent or temporary sign greater than four square feet in sign area within the City without first obtaining a Sign Permit from the City, unless the sign is exempt under Section 9-12-7 of this Title. Any person who hangs, posts, or installs a sign which requires a permit under this chapter and who fails to obtain a permit before installing the sign, shall be in violation of this chapter. (Ord. 232, 4-14-2010)

Must include the following:

   A.   A site plan drawn to scale which specifies the building frontage, the location of the sign structure(s), and drawings which show the scale of the sign in context with the scale of the building if the sign is to be mounted on the building.

   B.   Colored rendering including dimensions of all sign faces, descriptions of materials to be used, manner of construction and method of attachment, and, if requested, color samples.

   C.   A copy of a State of Idaho Electrical Installation Permit for any internally lighted or neon sign.

   D.   A sign permit application on the form provided by the City.

   E.   The application shall be accompanied by the written consent of the owner of the premises upon which the sign is to be erected.

   F.   The building permit fee for signs as approved by resolution of the City Council. (Ord. 232, 4-14-2010)

Complete sign permit applications will be reviewed by the Zoning Administrator and within ten days of the receipt of the complete application and the application fee and either approved, denied, or returned with requested modifications. Any applicant who feels a denial is not justified has the right to appeal the decision to the City Council, and to appear on the next regularly scheduled meeting for which proper notice can be given and for which agenda space is available. (Ord. 232, 4-14-2010)

The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign display, not including the supporting structure. Any color or material that forms an integral part of the sign shall also be factored in when calculating sign area. (Ord. 232, 4-14-2010)

Firm, association, partnership, or corporation shall construct, erect , alter, repair, paint, or remove any sign or sign person, post of any design or description which is now or may hereafter be erected within three feet (3') of, on or over any public sidewalk, street, or alley of Horseshoe Bend, or which shall project from, or be erected on any building within said City without first securing a permit from the City. No permit shall be issued by the City unless said person, firm, association, partnership or corporations shall have on file in the office of the City Clerk of Horseshoe Bend, a public liability policy of insurance or surety bond providing limits of not less than fifty thousand dollars ($50,000.00) on account of injury to or death of one person, and subject to the same limit for each person, and not less than one hundred thousand dollars ($100,000.00) on account of injury to or death of two (2) or more persons in any sign. Said policy of insurance or surety bond shall name the City as additional insured against any and all damages, losses, claims and demands, expenses and cost on account of any accident occurring during the construction, erection, alteration, repair, painting or removal of any sign as herein provided. (Ord. 232, 4-14-2010)

Any sign which has been determined to be unsafe by the Horseshoe Bend Building Official, or which has been constructed, erected or maintained in violation of this Section, must be repaired, made safe, made in conformance with this Title, or removed within ten (10) working days after receipt of certified notice from the City. Failure to respond to remedy the violation is unlawful, and the person having charge or control over the sign will be guilty of a misdemeanor. (Ord. 232, 4-14-2010)

Nonconforming signs shall not be enlarged, extended, structurally reconstructed or altered in any manner, except that the sign face (gross surface area portion of the sign) may be changed as long as the new sign face is equal to or reduced in height, sign area, and/or projection.

   A.   A sign permit is not needed for a new sign face, or a change in the advertising content appearing on the sign face.

   B.   Nonconforming signs may remain, provided they are maintained in good repair, except for the following.

   C.   Removal is required if the sign and/or the structure supporting the sign is damaged or destroyed to the extent of fifty percent (50%) or more of the sign's replacement value. If the damage or destruction is less than fifty percent (50%), the sign must be under repair within sixty (60) days and all repairs must be completed within six (6) months. The sign shall not be enlarged in any manner.

   D.   If the nonconforming sign is relocated and/or the supporting structure is replaced, the new sign shall be conforming.

   E.   Any sign, display or device allowed in this Title may contain (in lieu of any other copy) lawful noncommercial messages that do not direct attention to a business operated for profit or to a commodity or service for sale. The sign, display or device must comply with all other requirements of this Title.

   F.   If a business changes but does not require remodeling in excess of the fifty (50) percent threshold, the new business will be allowed to change existing nonconforming sign faces.

   G.   No temporary sign, prohibited sign or sign for an illegal use shall be eligible for nonconforming status. A change of property ownership on which a nonconforming sign is located shall not require replacement of the sign unless the terms of this section apply. (Ord. 232, 4-14-2010)

It is the affirmative obligation of the owner of every sign within the City to maintain the sign in a good state of repair at all times. Non-conforming signs may be repaired and maintained provided the repairs are for the purpose of maintaining the sign in its original condition, do not increase the degree of nonconformity in the sign, and are in accordance with this Title. (Ord. 232, 4-14-2010)

Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within fifteen (15) days after written notification from the City. (Ord. 232, 4-14-2010)

Political signs shall not be posted in any place or in any manner that is destructive to public property upon posting or removal. No political signs shall be posted in a public right-of-way nor shall any such sign be posted on a utility pole. No political sign shall be posted more than sixty (60) days before an election. All candidates for public office, their campaign committees or other persons responsible for the posting of campaign material shall remove such material within two (2) weeks following election day. (Ord. 232, 4-14-2010)

The following signs shall not be subject to the permit process as defined by this Title.

   A.   Signs not exceeding six square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.

   B.   Memorial signs or tablets, names of buildings and dates of erection, when cut into the surface or the façade of the building or when projecting not more than two inches.

   C.   Religious symbols and seasonal decorations erected within the appropriate public holiday season.

   D.   Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings.

   E.   Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.

   F.   Flags, symbols, or insignias. The Flag of Idaho, the United States, or any or any other flag adopted or sanctioned by the legislative body of Idaho or the United States.

   G.   Hours of operation or other such information signs. Neon "Open" signs are subject to the provisions of Section 9-12-10-2 of this chapter.

   H.   Private Signs. Any sign that is intended for use from within a private facility. Signs located on private property, not oriented to the general public, and intended to provide information or direction to those using the facility.

   I.   Official notices and/or signs posted by a government entity, court or other public body.

   J.   Temporary signs less than four (4) square feet per face in size and advertising the premises on which the sign is located as "For Sale", "For Lease," or "For Rent."

   K.   Signs for a community or civic event (as defined in Section 9-12-3), as long as said signs are removed within twenty-four (24) hours after the event. At the discretion of the Zoning Administrator, a sign claiming exemption under this provision may require separate approval by the City Council prior to display. (Ord. 232, 4-14-2010)

No person shall erect, maintain, or relocate any sign as specified in this Section in any zone:

   A.   Signs creating traffic hazards. A sign at or near any public street, or at the intersection of any public streets, situated in such a manner as to create a traffic hazard by obstructing vision. Additionally, any sign at any location which would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

   B.   Signs within the clear vision triangle (As defined in Exhibit 1, page 21).

   C.   Signs within public right-of-ways. Except as provided elsewhere in this Title, signs encroaching upon or overhanging public rights-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

   D.   Hazardous signs. A sign which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety, and welfare of any person or property.

   E.   Flashing signs or lights. Any sign which contains an intermittent light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. A sign on which the only intermittent lights display an indication of time or temperature shall not be considered a flashing or electronic message sign for the purpose of this Title.

   F.   Animated signs. Permanent signs designed with electronic switches and/or electric lamps that display only stationary images which change copy no more than once per day are allowed with a permit and are not defined as animated signs.

   G.   Signs on vacant property. No sign over four square feet per face shall be erected or maintained on a property on which either no structure is erected or on which the primary structure is vacant. This provision shall not include those properties for which a valid building permit exists. This provision shall also not include signs advertising the property "for sale" or "for lease" as long as said sign is no larger than thirty-two (32) square feet.

   H.   Roof signs (as defined herein). This Section shall not pertain to mansard roof signs provided that the highest portion of any sign attached to a mansard roof is no more than two-thirds (2/3) the height of the building to which it is attached.

   I.   A rotating or revolving sign, or signs, where all or any portion of the sign physically moves in some manner.

   J.   Wind signs. Any pennant, propeller, or similar device which is designed to flutter, rotate, whirl, or display other movement under the influence of the wind.

   K.   Bench Signs. Any outdoor furniture with commercial signage.

   L.   Mobile Signs. A sign mounted on wheels.

   M.   Vehicle Signs. Signs mounted on vehicles, with the exception of student driver and auto transportation services, or those painted on vehicles parked in the same location for more than seventy-two (72) hours and visible from the public right-of-way. If said vehicle is licensed, registered and used as a vehicle in the normal day-to-day operations of the business, it shall not be deemed a vehicle sign.

   N.   Inflatable signs or displays. Any inflatable object used for promotional or sign purposes. (Ord. 232, 4-14-2010)

The copy area of awnings shall be included in the sign area permitted provided that no more than twenty-five percent (25%) of any one face of an awning may be used for signage. (Ord. 232, 4-14-2010)

The copy on any changeable copy sign shall not be changed more than once per day. Changeable copy signs shall be maintained in a legible and serviceable manner. These signs must be constructed with a frame and made of durable material. (Ord. 232, 4-14-2010)

A developer who retains platting and/or ownership control over one or more lots or buildings intended for business occupancy in a commercial, mixed use or industrial zone or a similar type project shall submit a master sign plan to the City Council for approval. The project shall be allowed one center sign per street frontage, except more than one center sign is allowed if the project has more than one thousand two hundred (1,200) feet of frontage on the same street.

A center sign is a sign designed to advertise multiple tenants and may exceed the maximum height normally allowed by up to twenty percent (20%) and the maximum area normally allowed by up to thirty percent (30%).

The master sign plan shall show sign colors, styles and locations of buildings, maximum size, illumination and materials to be used. All signs in a master sign plan shall be in harmony with the adjacent and nearby building architecture and colors. (Ord. 232, 4-14-2010)

Directional signs shall be a maximum of four (4) square feet in size and four (4) feet in height. If business identification is used on a directional sign, it shall only be incidental and secondary in all aspects to the directional text and/or symbols of the sign. Only one (1) directional sign is allowed per entrance to a property. Directional signs must be constructed as permanent signs and be placed outside the public right-of-way. (Ord. 232, 4-14-2010)

   A.   The maximum height of any free-standing sign shall be twenty (20) feet.

   B.   A maximum of one free-standing sign per legal building lot, except corner lots may be allowed one sign per street frontage.

   C.   The support structure of all free-standing signs shall be fully enclosed and covered with material that complements the architectural theme and coloring of the principal building on the property. Decorative elements such as sculptured metal, wrought iron or other aesthetically-pleasing materials incorporated into the design that do not fully enclose the supports may be allowed as determined by the Zoning Administrator. Bare and/or exposed metal poles are prohibited.

   D.   All free-standing signs shall be placed within a landscaped area that is at least the size of the sign background area. For example, a sixty (60)-square foot sign must be located within a minimum sixty (60)-square foot area of landscaping. Said landscaped area shall include vegetation, sod, or other plant material. A street buffer shall be considered to meet the intent of this requirement.

   E.   All permanent, free-standing signs in non-residential zones shall include the street address(es) of the subject property. Numbering shall be a minimum of three and one-half inches (3.5") tall and be of a contrasting color.

   F.   No part of any free-standing sign, including the footing, shall be located closer than two (2) feet from the front property line and five (5) feet from the side and rear property lines.

   G.   Free-standing signs are allowed a maximum sign area of one hundred (100) square feet, without regard to the number of placards displayed. All placards displayed shall be totaled in the sign area, unless otherwise approved as a center sign.

   H.   Free-standing signs projecting over a public right-of-way must have at least fourteen (14) feet of ground clearance.

   I.   Residential subdivisions of more than twenty (20) lots shall be allowed one free standing identification sign at each major entrance to the subdivision. Said sign shall not be permitted on any public right-of-way, shall be no higher than nine (9) feet above natural grade, and shall not exceed a maximum sign area of fifty (50) square feet. (Ord. 232, 4-14-2010)

Hanging signs may be placed on a building or underneath an approved canopy, awning or colonnade, but may not project beyond the same. Signs hanging over a public right-of-way must have at least eight feet of ground clearance. (Ord. 232, 4-14-2010)

Projecting signs may be placed on any building in accordance with Section 9-12-2. No projecting sign may extend, at any point, more than three feet from the surface to which it is attached. Signs projecting over a public right-of-way must have at least eight (8) feet of ground clearance. (Ord. 232, 4-14-2010)

Temporary signs are those signs installed on a Property with the intent of being displayed for more than forty-eight (48) hours. All signs intended for display for a period longer than ninety (90) days shall be considered to be permanent signs and will be required to meet the provisions of this Title. All temporary signs greater than four (4) square feet per face in size are required to obtain a temporary sign permit.

   A.   A temporary sign permit may be obtained through the Zoning Administrator for fifteen (15), thirty (30), sixty (60), or ninety (90) day time periods.

      1.   In no instance shall a temporary sign requiring a permit be displayed for more than ninety (90) days per year per business.

      2.   A permit must be obtained for every new temporary sign to be displayed.

   B.   The temporary sign permit shall be attached to the approved sign so that it is visible from the nearest public right-of-way.

   C.   All signs to be placed on private property shall obtain the written consent of the property owner and file that consent with the Zoning Administrator prior to issuance of a permit.

   D.   The maximum size of any temporary sign requiring a permit is sixteen (16) square feet. (Ord. 232, 4-14-2010)

Wall signs may be placed on a structure provided that they meet the following standards and requirements:

   A.   Area: For wall signs oriented to a public street, the sign shall not exceed fifteen percent (15%) of the wall area. For wall signs not oriented to a public street, the sign shall not exceed eight percent (8%) of wall area. "Wall Area" shall mean the wall surface of a single-tenant structure or the storefront of a multi-tenant structure. When a combination of wall and freestanding signs are used on a single site, the total area for wall signs oriented to a public street shall be reduced by fifty percent (50%).

   B.   Height: No wall sign shall exceed the height of the wall face.

   C.   Lighting: Neon lighting may be permitted if contained within channel letters or raceways. Skeleton neon is not permitted. (Ord. 232, 4-14-2010)

Permanent window signs may be placed in or on any window provided that no more than twenty-five percent (25%) of the total transparent area of the window is obscured. The aggregate area of temporary signs shall be included in the aggregate area for all signs associated with the use, and in no case shall the aggregate area exceed that allowed under this Section. Merchandise displayed in windows that does not involve copy is not regulated by this Title. (Ord. 232, 4-14-2010)

Sign types shall be permitted in each zone in accordance with the following table and in accordance with the ordinance sections listed.

 

(Ord. 232, 4-14-2010)

The maximum aggregate area of all signs, both permanent and temporary, shall not exceed the total allowable sign area established by this Title. All sign faces displayed shall be included in determining the sign area for a building.

   A.   Total sign area permitted for any use shall not exceed a total of two square feet of sign area per lineal foot of building frontage for the principal building.

   B.   Total sign area permitted for all wall, window, or other surface mounted signs shall not exceed a total of ten percent (10%) of the facade to which they are attached. (Ord. 232, 4-14-2010)

In no case will "day-glo", fluorescent, reflective colored material that gives the appearance of changing color, or brilliant luminescent colors be permitted. (Ord. 232, 4-14-2010)

Allowed methods of illumination are divided into several types as described below; all other forms of sign lighting are prohibited. All lighted signs shall comply with lighting standards as set forth in this Title.

   A.   Unlighted. A sign with neither an internal light nor an external source intended specifically for the purpose of lighting the sign.

   B.   Internally Lighted. A sign with an internal light intended to illuminate translucent portions of the sign.

   C.   Externally Lighted. A sign with an external light source intended specifically to illuminate the sign. External light fixtures, which produce glare shall not be permitted.

   D.   Neon. A sign with exposed neon tubes.

   E.   Darksky lighting. All illuminated signs shall be designed as Darksky lights. (Ord. 232, 4-14-2010)

Only the copy portion of internally lighted signs may be translucent in nature. All other areas, including background, shall be constructed, treated and colored in a manner which makes those areas opaque. (Ord. 232, 4-14-2010)

Neon used to draw attention to any business or building in any manner is considered a sign and shall be regulated according to the provisions of this Title and as follows:

   A.   Application for any neon sign exceeding four (4) square feet in sign area is required to receive design review approval from the City Council.

   B.   Any business proposing more than two (2) neon signs, regardless of sign area, is required to receive design review approval from the City Council.

   C.   Neon lighting that is mounted inside a window shall be regulated as a window sign, Section 9-12-8-10. (Ord. 232, 4-14-2010)

Sign lighting methods shall be permitted in each zone in accordance with the following table:

 

 

(Ord. 232, 4-14-2010)

Subdivisions within the Residential Zones may be allowed one externally illuminated sign per public street entrance. Said lighting source shall be a maximum of forty-two (42) Watts, six hundred and thirty (630) Lumens and be uni-directional spot lights. Photo-cell timers tied to a dawn-to-dusk schedule are encouraged. (Ord. 232, 4-14-2010)

If any section, subsection, sentence, clause or phrase of this Title is for any reason held to be unconstitutional or unenforceable for any reason, such holding shall not affect the validity of the remaining portions of the ordinance. (Ord. 232, 4-14-2010)