The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, 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. 1149, 2016)

The terms and conditions of this chapter shall apply to signs located within the city of Jerome. (Ord. 1149, 2016)

   ABANDONED SIGN: A sign that pertains to a business, industry or service that is no longer located on the premises where the sign is located. This includes relocation and the termination of business activities on site.

   ADJACENT PROPERTY: Real property sharing one common boundary with another parcel of real property. Public roads separating parcels of real property shall be disregarded in determining whether property is "adjacent property".

   ADVERTISING DEVICE: Any floating, billowing, turning, oscillating device, any colored, shiny, reflective material, or any light or other contrivance except a sign used to attract attention.

   ADVERTISING DISPLAY: Any device, contrivance, object or structure other than a sign used to attract attention.

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

   AREA OF SIGN: The back area, where defined, of a sign. Contrasting supports are not included. Painted signs on a wall will be measured from the edge of the background color, if used, or the area enclosed by straight lines where no background is defined.

   AWNING: Any shelter or decorative dimensional shape extending from the exterior surface of the building, constructed as a supporting framework, covered with nonrigid materials.

   AWNING SIGN: Letters, numbers or logos applied to any awning.

   BANNER FLAG: A temporary sign which has a piece of cloth or other similar material attached to a pole.

   BANNER SIGN: A temporary sign having characters, letters or illustrations applied to plastic, cloth, canvas or other similar material, with the only purpose of such nonrigid material being used as a background.

   BILLBOARD SIGN: A large freestanding sign on a parcel of real property other than that owned or leased by the business or activity being advertised by said sign and which advertises a business, organization, event, person, place or thing other than that conducted or residing on the same parcel of real property.

   BUILDING OFFICIAL: The person appointed in that capacity under the current version of the international building code adopted by the city of Jerome, or any successor or the person with the equivalent authority under the then existing building code adopted by the city of Jerome.

   BUILDING SIGN: Any sign attached directly to a building.

   CANOPY SIGN: A sign not attached directly to a building, but attached by means of a separate structure to a building.

   CONSTRUCTION IDENTIFICATION SIGN: A temporary sign that is generally used to advertise a new building, opening date, leasing opportunity and/or to identify the property owner, architect, contractor, engineer, landscape architect, financier engaged in the design, construction or improvement of the premises on which the sign is located.

   DIRECTIONAL SIGN: A sign intended to provide directions for pedestrian or vehicular traffic.

   EAVE LINE: The bottom of the overhang, or the bottom of a mansard roof.

   ELECTRONIC MESSAGE DISPLAY: A sign or portion thereof capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. This definition excludes fuel price signs, as that term is defined herein.

   FACE CHANGE: An update to an existing sign, retaining the existing framework, structure and color scheme. A sign which advertises a different use than the existing signage shall not be considered a face change.

   FREESTANDING SIGN: A sign not attached to any building, directly or by means of a separate structure.

   FRONTAGE BUSINESS IDENTIFICATION OR PRODUCT SIGN: A sign installed within twenty (20) linear feet of the business front property line and/or side street property line for corner lots of parcels.

   FUEL PRICE SIGN: A sign which has the sole purpose to display the price of fuel offered for sale at the business displaying the sign. Fuel price signs must remain static and must not display any form of animation. Provided, however, the sign may change at regular intervals to display the different prices of fuel offered for sale. Fuel price signs are not subject to the regulations governing electronic message displays.

   HEIGHT: The distance between road level and the top of a sign.

   HIGH RISE SIGN: A sign in excess of thirty five feet (35') above the ground level installed within the interstate overlay district.

   HUMAN SIGN: A temporary sign held by or attached to a human for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product. A person dressed in costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product shall also be construed as a human sign.

   NAMEPLATE: A sign naming the occupant and the address.

   OFF PREMISES SIGN: A sign which advertises business or other activities not related to the business being conducted on the property upon which it is located. A sign providing information concerning public events of general community interest shall not be considered an off premises sign.

   ON PREMISES SIGN: A sign that is located on the same property as the location of the business or service the sign is identifying.

   OPEN HOUSE REAL ESTATE SIGN: A temporary sign informing the public that the property is available for examination by prospective buyers and that the owner of the property or the owner's agent is on the premises during the time the property is available for viewing.

   PARCEL OF REAL PROPERTY: A contiguous parcel of land in identical ownership and defined by legal description, adequate for recording in the office of the county recorder.

   POLITICAL SIGN: A temporary sign relating to the election of a person to a public office, relating to a political party, relating to a matter to be voted upon at an election called by a public body or containing primarily a political message.

   PROJECTING SIGN: Any sign which is attached to a building and has a surface which extends more than one foot (1') away from the exterior of a building.

   PROPERTY OWNER: The fee simple owner of the real property upon which a sign is located.

   REAL ESTATE SIGN: A temporary sign advertising the sale, lease, or rent of property upon which it is located, and the identification of the company and/or person handling the transaction. It includes "for sale by owner" signs. This definition includes off premises real estate signs for directional purposes.

   ROADS: A public thoroughfare. Multiple road frontages require two (2) different streets with a frontage of at least fifty feet (50') each on each road.

   SANDWICH BOARD SIGN: A temporary sign that is generally constructed in such a manner as to form an "A" or tent like shape that is placed on, but not permanently attached to, the ground. This definition also includes signs of a similar nature that are constructed with a base and single upward sign face, forming an upside down "T".

   SIGN: Shall have the meaning ascribed to it in section 17.03.730 of this title.

   SINGLE FACE SIGN: A sign attached parallel to a building wall, projecting no more than eighteen inches (18") from the building wall and having writing or images only on the one surface of the sign facing away from the building wall.

   SPECIAL EVENT: A temporary sign advertising sales, sale promotions, community events, holidays, yard sales, bazaar sales and similar functions.

   STREET TREE: Any tree, the trunk of which is located in any portion of the right of way of any public road or street within the city of Jerome. (Ord. 1149, 2016)

It shall be unlawful for any person, whether acting as owner, occupant, contractor, or otherwise, to erect, construct, reconstruct, enlarge, locate or alter any sign within the city of Jerome contrary to the provisions of this chapter. Any person proposing to erect, construct, reconstruct, enlarge, locate or alter any permanent sign must file an application with the building official for a permit. The application shall state the size and weight of the sign, and the distance it is to project from a building, the details of its supports providing attachment to any building, or any other information required by this chapter. Upon request by the city, a diagram shall be provided showing the location of all signs on the property and/or adjacent properties. Incorrect information shall be grounds for revocation of a permit.

A.   The building official or his designee shall issue all permits to erect, construct, reconstruct, enlarge, locate or alter any permanent sign.

   1.   Prior to issuing such permit, the building official shall determine whether the application meets all the requirements of this chapter and any other applicable provision of this code and shall consult with the zoning administrator in that regard.

   2.   The building official or his designee shall have the authority to determine if a proposed sign meets the definition of a face change and may approve the same. The building official may request from the applicant any documentation necessary or helpful to determine whether a proposed sign meets the definition of a face change.

B.   The zoning administrator or his designee shall issue all permits to erect, construct, reconstruct, enlarge, locate or alter any banner flags and banner signs. Prior to issuing such permit, the zoning administrator shall determine whether the application meets all the requirements of this chapter and any other applicable provision of this code.

C.   A sign permit fee, as established by resolution of the city council, shall be paid upon issuance of a sign permit. (Ord. 1149, 2016)

A.   All applications for sign permits as provided by section 17.32.030 of this chapter shall be accompanied by a site plan and an elevation drawing. Upon request by staff, the site plan shall be provided and be produced in duplicate on paper of a minimum dimension of eight and one-half inches by eleven inches (81/2" x 11"). The site plan shall be drawn approximately to scale, and shall show accurate dimensions as proposed to be built, shall convey such information to the building official to determine whether the sign which is the subject of the application conforms to the provisions of this chapter. The site plan shall depict the exact site of the sign and its location in relation to the following features of the site:

   1.   Property lines and length of street frontage adjacent to the sign;

   2.   Existing and proposed buildings or other structures in the vicinity of the sign;

   3.   Existing curb cuts in the vicinity of the sign;

   4.   The location and size of existing signs adjacent to the area of the sign which is the subject of the application.

B.   Elevation drawings to demonstrate design compatibility between the sign and adjacent buildings. The elevation drawings shall depict:

   1.   The type of sign as defined in section 17.32.020 of this chapter;

   2.   Sign materials, colors, lighting and other physical aspects of the sign;

   3.   The sign height measured from the bottom of the sign to its top and the height of the sign as installed from the ground;

   4.   Dimensions of the sign. (Ord. 1149, 2016)

The following types of signs are exempt from the application and permit requirements of this chapter:

A.   Any sign erected and maintained pursuant to and discharged of any governmental function or as required by any statute, ordinance or lawful regulation;

B.   Commemorative plaques of recognized historical societies or organizations;

C.   Identification emblems of religious orders or historical societies;

D.   Nameplate signs;

E.   Political signs.

   1.   Political signs shall not be erected more than four (4) weeks prior to the election date and shall be removed within two (2) weeks after the election.

   2.   Political signs shall be located only on private real property with the consent of the property owner and shall not be placed in the public right of way;

F.   Religious symbols, legal holiday or special event decorations;

G.   Searchlights for temporary advertising purposes;

H.   Signs being manufactured, transported or stored within the city limits so long as they are not used for purposes of advertising at the place or places of manufacturer storage;

I.   Signs located within malls, arcades, porches, patios or similar areas where such signs are not visible from any point on the boundary of the real property in which the structure was located;

J.   Signs on licensed, commercial vehicles, including trailers, provided that such vehicles are not utilized as stationary outdoor display signs; and

K.   Signs on motor vehicles regulated by the city that provide public transportation, including, but not limited to, buses and taxicabs. (Ord. 1149, 2016)

A.   Banner Flags:

   1.   Any person proposing to erect a banner flag sign must file an application for a temporary sign permit with the zoning administrator. The application shall state the size and weight of the sign, the details of its supports providing attachment to any building, or any other information as required by the zoning administrator and this chapter.

   2.   Each banner flag must be permitted individually. Banner flags shall be allowed on a building or property for a maximum of sixty (60) days per calendar year.

   3.   Banner flags shall not exceed twenty five (25) square feet in area and have a maximum height of twelve feet (12').

   4.   Each property may have one banner flag per every twenty five (25) linear feet of street frontage, but shall not exceed three (3) banner flags per property.

   5.   Banner flags shall be located on private property and in no event shall be placed on the public right of way.

B.   Banner Signs:

   1.   Any person proposing to erect a banner sign must file an application for a temporary sign permit with the zoning administrator. The application shall state the size and weight of the sign, the details of its supports providing attachment to any building, or any other information as required by the zoning administrator and this chapter.

   2.   Each banner sign must be permitted individually. Banner signs shall be allowed on a building or property for a maximum of sixty (60) days per calendar year.

   3.   Multiple banner signs may be allowed, provided, however that the total size of all banner signs shall not exceed seventy five percent (75%) of the linear foot width of the street side of the building or the width of the leased storefront space in a larger building, on the lot on which the banner sign is located. In no event shall the maximum area of banner signage exceed one hundred (100) square feet.

   4.   The width of the banner sign shall not exceed seventy five percent (75%) of the width of the building or lease space upon which the banner is located.

   5.   All four (4) corners of a banner sign shall be securely attached at all times. Banner signs must be in good repair, taut and vertical at all times.

C.   Construction Identification Signs:

   1.   Shall not be erected on a property until a building permit has been issued to erect a structure or until the city authorizes the construction of utilities or other amenities on the property.

   2.   Shall be removed upon the issuance of the certificate of occupancy.

   3.   May be allowed in any zoning district, provided such sign does not exceed fifty (50) square feet and has a maximum height of twelve feet (12').

D.   Human Signs:

   1.   Permissible during business operational hours only.

   2.   Shall be located on private property and shall not impede pedestrian and vehicular traffic or be on the public right of way.

E.   Open House Real Estate Signs:

   1.   Shall not block the access of any public right of way so as to prevent passage by the general public and shall not be placed in a manner that would obstruct an ADA sidewalk ramp.

   2.   Shall be removed within one hour after the completion of the open house.

   3.   Shall not exceed nine (9) square feet in area and thirty six inches (36") in height.

   4.   Shall not be illuminated, either externally or internally.

F.   Real Estate Signs:

   1.   Shall be permitted in any zoning district during the time in which an owner of real property has signed a valid listing agreement with a realtor or broker licensed to do business in the state of Idaho, or for which time the owner is actively attempting to sell the real property himself.

   2.   Real estate signs shall not be located within any public right of way. In general, a real estate sign shall not impede pedestrian or vehicular traffic.

   3.   An off premises real estate sign shall be erected only on private real property, and only with the consent of the property owner. No more than three (3) off premises real estate signs may be located on any single lot or property.

   4.   A maximum of one real estate sign per street frontage may be erected on a lot, provided such sign does not exceed nine (9) square feet. Undeveloped, nonresidential zones may have one real estate sign not to exceed thirty two (32) square feet.

G.   Sandwich Board Signs:

   1.   Sandwich board signs shall be allowed on properties during business hours only and shall be of professional quality and constructed of durable materials.

   2.   Sandwich board signs are allowed in multi-tenant developments, provided, however that the signs are located on the interior of the property and not on the public right of way. A maximum of one sign may be placed per business or tenant, provided that such sign is located ten feet (10') or less from the door of the business utilizing the sign and at least twenty feet (20') from other sandwich board signs.

   3.   Sandwich board signs may be placed within the public right of way only in the central business district (CBD), provided that the distance between the sign and the building is one foot (1') or less and such sign does not impede pedestrian traffic.

   4.   Signs shall not be located within a landscaped area, parking space or vehicular travelway.

   5.   The maximum size shall be eight (8) square feet with a maximum height of four feet (4') and a maximum width of two feet (2').

H.   Special Event Signs:

   1.   Shall be placed only on private real property, with the consent of the property owner. In no event shall such signs be placed upon a pole, tree or other structure owned by a public utility or the city. No such sign shall be placed in any public right of way.

   2.   Shall be erected no more than forty eight (48) hours prior to the event and shall be removed at the conclusion of the event.

   3.   Shall not exceed six (6) square feet in area.

   4.   Upon the conclusion of the event, all evidence of such event shall be removed from the view of the public streets by dusk of the final day of the event. (Ord. 1149, 2016)

A.   All permanent signs shall be constructed of high quality materials that will withstand elements of high and low temperatures, direct sunlight, rain, sleet, snow and other adverse weather conditions. Cloth and vinyl materials shall only be permitted for temporary signs. If wood is used, it shall be properly sealed to keep moisture from soaking in and causing the lettering to deteriorate.

B.   Signs shall be maintained in a neat, clean, safe and legible condition by their owner. Proper placement of defective parts, repainting, cleaning and other acts of proper maintenance shall be promptly performed. Real property within a radius of ten feet (10') from the base of any ground sign shall be kept free and clear of weeds, rubbish and flammable material.

C.   Any building or other structure damaged as a result of the removal, repair, replacement or installation of a sign shall be repaired by the owner of the structure within thirty (30) calendar days from the date of the damage being incurred.

D.   No sign shall be installed near intersections of public streets within the city so as to provide a proper line of sight and avoid unreasonable obstructions to operators of motor vehicles approaching the intersection such that a clear view of the intersection is unobstructed between three feet (3') and eight feet (8') from the ground.

E.   No sign of any classification shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.

F.   All signs shall be secured in such a fashion as to prevent unsafe movement or vibration in conformance with the most recent edition of the building code adopted by the city.

G.   No sign shall be placed upon a pole, tree or other structure owned by a public utility or the city. No sign shall be placed in any public right of way except publicly owned signs, i.e., traffic control signs and directional signs. Signs directing and guiding traffic or containing traffic markings, located on private property but bearing no advertising matter shall be permitted.

H.   No sign shall be above the top wall line of the building on which it is placed.

I.   The electrical features of any sign and the installation thereof shall have been inspected by the state of Idaho electrical inspector and a copy of the permit provided to the city of Jerome building official prior to the operation of the sign.

J.   Any person or entity intending to request permission for erection and placement of a public road banner at same situs located on South Lincoln Avenue for public announcements must follow specific requirements for design, spacing, size, webbing, and reinforcement to be determined, periodically, by the city of Jerome public works department.

K.   Any individual or entity intending to erect and place a public road banner must pay a fifty dollar ($50.00) fee to the city of Jerome prior to the erection and placement of the public road banner to compensate the city of Jerome for hanging and taking down the banners and providing for future maintenance and replacement of the poles.

L.   More than one freestanding sign per road frontage may be allowed by special use permit as long as there is a minimum distance of one hundred feet (100') between signs. The maximum height of any freestanding sign, unless otherwise noted herein, shall be thirty five feet (35'), except for signs located in the interstate overlay district.

M.   Billboard signs are only permitted within the interstate sign overlay zone. Furthermore, off premises signs may be allowed in the interstate sign overlay zone by special use permit approved by the commission pursuant to the provisions of chapter 17.60 of this title and section 17.32.075 of this chapter.

N.   Building signs are allowed on each building face with street frontage, not to exceed three (3) square feet per linear foot of building width.

O.   A building sign shall not exceed the height of the building, measured to the top wall line. For purposes of computing building frontage, a gas station island canopy shall be considered building frontage.

P.   Awning signs may be placed in any zone but R-1, R-2 or R-3. Every awning sign must be on an awning firmly attached to a building. Letters, logos or numbers on awning signs shall not occupy more than three (3) square feet per linear foot of the horizontal length of the awning.

Q.   Any animated sign, electronic message displays (EMD), illuminated advertising device or advertising display shall conform to the following requirements:

   1.   Shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing/varying of light intensity.

   2.   Each message or frame must be displayed for a minimum of three (3) seconds.

   3.   Area shall not occupy more than seventy five percent (75%) of the sign.

   4.   Shall emit a light of constant intensity, and shall be constructed of hardware capable of programming that will limit the nits output to five thousand (5,000) on clear days and five hundred (500) nits from dawn to dusk. In no event shall such an illuminated sign or device be placed or directed to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance.

   5.   Text only single color message displays with letters no higher than twelve inches (12") may scroll or travel without the static message limitation. Maximum area for such displays is sixty (60) square feet.

   6.   Each parcel of real property may have one electronic message display.

   7.   Such signs, displays, or device may not be installed on a nonconforming sign.

   8.   Animated signs and EMD are allowed by special use permit only and in accordance with chapter 17.60 of this title. (Ord. 1149, 2016)

All signs shall be set a minimum of ten feet (10') away from public easements and be contained completely within the bounds of the lot or parcel of real property on which they are located, unless otherwise specified in this title. With the exception of signs located in the central business district, no part of any sign shall hang over a public right of way and/or public easements. (Ord. 1149, 2016)

A.   Residential One And Residential Two Zones: No signs shall be permitted in the R-1 and R-2 zones, except for one real estate sign, which sign must be located on the property which is for sale, lease or rental and which may not exceed a total of nine (9) square feet in area.

B.   Residential Three And Residential Multi-Family Zones: Apartments, condominiums, townhouses, churches, nursing homes, and public buildings or other structures permitted in these zones may have one sign facing each adjoining street. Signs shall be limited to thirty two (32) square feet and, unless mounted on a building, shall be limited to six feet (6') in height.

C.   Neighborhood Business District Zone (C-1): Each business may have one sign of not more than thirty two (32) square feet and, unless mounted on the building, shall be limited to six feet (6') in height. Signs must be at least fifteen feet (15') from any adjacent property. Billboard signs shall not be permitted in the neighborhood business district zone.

D.   General Business District (C-2) And High Density Business District (C-3) Zones:

   1.   Each property may have one freestanding sign facing each adjacent road of not over two hundred (200) square feet and not over thirty five feet (35') in height. Freestanding signs must be at least ten feet (10') from any adjacent property. Billboard signs shall be permitted only within the interstate sign overlay zone and shall be governed by the terms of section 17.32.075 of this chapter.

   2.   Building signs facing each adjacent road shall not be more than two hundred (200) square feet in size and mounted no higher than thirty five feet (35') from the ground and no higher than the eave line of the building to which it is attached or adjacent without a special use permit approved by the commission pursuant to the provisions of chapter 17.60 of this title.

E.   Central Business District Zone (CBD):

   1.   Each property may have one freestanding sign facing each adjacent road of not over one hundred (100) square feet and not over twenty five feet (25') in height. Freestanding signs must be at least ten feet (10') from any adjacent property. Freestanding signs shall be constructed of materials that are similar to or that complement the building materials on the front building facade of the principal building in the same lot. The vertical support structure of a freestanding sign shall be a minimum of twelve inches (12") wide. Off premises signs may be allowed by special use permit approved by the commission pursuant to the provisions of chapter 17.60 of this title and section 17.32.075 of this chapter.

   2.   Each property may have one single faced building sign facing each adjacent street frontage up to three (3) square feet per linear foot of the side of the building facing the street frontage. The maximum sign area for a building sign shall be one hundred fifty (150) square feet.

   3.   Projecting signs are permitted only in this zoning district and no other. Each building may have one projecting sign for each adjacent street. Signs are limited to twenty four (24) square feet and may not project more than six feet (6') from the building. The bottom of any projecting sign must be at least eight feet (8') above the ground.

F.   Light Industrial (M-1) And Heavy Industrial (M-2) Zones:

   1.   Each property may have one freestanding sign facing each adjacent road of not over two hundred (200) square feet and not over thirty five feet (35') in height. Freestanding signs must be at least ten feet (10') from any adjacent property. Billboard signs shall be permitted only within the interstate sign overlay zone and shall be governed by the terms of section 17.32.075 of this chapter.

   2.   Building signs facing each adjacent road shall not be more than two hundred (200) square feet in size and mounted no higher than thirty five feet (35') from the ground and no higher than the eave line of the building to which it is attached or adjacent without a special use permit approved by the commission pursuant to the provisions of chapter 17.60 of this title. Off premises signs are allowed by special use permit approved by the commission pursuant to the provisions of chapter 17.60 of this title and section 17.32.075 of this chapter.

G.   Business Park District (BP) And Mixed Use (MU) Zones: Signs in the business park or mixed use zones shall only be allowed by special use permit, utilizing the procedures set forth in chapter 17.60 of this title. In no case shall a building sign exceed the standards of subsection F2 of this section.

H.   Interstate Sign Overlay District: The purpose of this district is to allow for different standards for signs erected in certain areas adjacent to Interstate I-84. The following provisions for signs located within the district shall apply:

   1.   High rise signs shall have a maximum height of eighty five feet (85') when measured from the surface of the ground to the top of the sign. Each high rise sign shall have a maximum signage of three hundred fifty (350) square feet for a single business occupancy of a parcel of real property and a maximum of seven hundred (700) square feet for two (2) or more businesses on a single parcel of real property. Each parcel of real property within the district may only have one high rise sign. High rise signs must meet all requirements of the state of Idaho department of transportation pertaining to high rise signs adjacent to interstate highways.

   2.   Frontage business identification or product signs shall have a maximum height of thirty five feet (35') measured from the surface of the ground to the top of the sign. Each parcel of real property may have one frontage business identification or product sign per street frontage, regardless of how many individual businesses are located thereon, not to exceed two hundred (200) square feet.

   3.   Each parcel of real property may have one single faced building sign facing each adjacent street frontage. The area of the building sign shall not exceed three (3) square feet per linear foot of the side of the building facing the street frontage. Buildings with less than twenty one (21) linear feet of frontage may have a building sign not to exceed sixty five (65) square feet. For purposes of this subsection, any signage and/or logos on attached or detached canopies shall be considered part of a building sign.

   4.   A building permit shall be required for the erection of any sign in the interstate sign overlay district, which permit shall be applied for and issued in conformance with existing provisions of this title.

   5.   Off premises signs may be allowed in the interstate overlay district by special use permit only.

   6.   This subsection is intended to take precedence over any other provisions of this code which contradict any of its terms.

   7.   The initial boundaries of the interstate sign overlay district shall be as follows: Beginning at the intersection of the east boundary of Section 6, T 9 S, R 17 E, and the north Right of Way of Interstate Highway 84; Thence in a northwesterly direction along the north Right of Way of said Interstate Highway 84 through Section 6, T 9 S, R 17 E, Section 31, T 8 S, R 17 E, and Sections 36, 25, 24, 23 and 14, T8 S, R 16 E, to the west boundary of said Section 14, T 8 S, R 16 E; Thence north along the west boundary of said Section 14 to a line which lies 1000 feet northeast of and parallel to the north Right of Way of said Interstate Highway 84; Thence southeasterly along a line parallel to and 1000 feet northeast of the north Right of Way of said Interstate Highway 84 through Sections 14, 23, 24, and 25, T 8 S, R 16 E, and Section 30, T 8 S, R 17 E, to a point on the north boundary of Section 31, T 8 S, R 17 E; Thence east along the north boundary of said Section 31 to a line 1000 feet east of and parallel to the west boundary of said Section 31; Thence south along a line 1000 feet east of and parallel to the west boundary of said Section 31 to a line which lies 1000 feet northeast of and parallel to the north Right of Way of said Interstate Highway 84; Thence southeasterly along a line parallel to and 1000 feet northeast of the north Right Of Way of said Interstate Highway 84 and Section 31, T 8 S, R 17 E, and Section 6, T 9 S, R 17 E, to the east boundary of said Section 6; Thence south along the east boundary of said Section 6 to the north Right of Way of Interstate Highway 84 and the point of beginning.

   (Ord. 1149, 2016)

A.   On site farm signs shall not be placed in a manner that impairs the safety of adjacent roadways.

B.   Off site farm signs may be installed in a manner that is reasonably necessary to direct the public to the farm. Off site signs shall not be greater than eight (8) square feet in size per sign and shall not be placed in a manner that impairs the safety of adjacent roadways.

C.   All farm signs shall in all respects conform to the requirements contained in this chapter. (Ord. 1158, 2016)

A.   Off premises signs are allowed by special use permit only in the central business district (CBD), neighborhood business (C-1), general business (C-2), high density business (C-3), light industrial (M-1) and heavy industrial (M-2) zones. Off premises signs shall conform to the special use standards in chapter 17.60 of this title as they now exist or may be amended in addition to the following standards:

   1.   Each property may have a maximum of two (2) off premises signs, not to exceed eight (8) square feet per sign.

   2.   Off premises signage combined with on premises signage shall not exceed total allowed sign area per property.

B.   Billboard signs shall only be erected in the high density business (C-3) or light industrial (M-1) zones within the interstate sign overlay district.

C.   Billboard and off premises signs erected in the interstate sign overlay district shall be subject to the Idaho transportation department regulations in addition to the following requirements:

   1.   Billboard and off premises signs shall be oriented toward traffic on Interstate 84.

   2.   The maximum height of a billboard or off premises sign along any interstate shall be thirty five feet (35').

   3.   The maximum surface area of a billboard or off premises sign along any interstate shall be three hundred fifty (350) square feet.

   4.   Billboard and off premises signs shall have only one sign surface area except that billboard signs may have two (2) sign surface areas if the surface areas are oriented in opposite directions. No V-shaped billboards shall be allowed.

   5.   External lighting of billboard or off premises signs, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed toward any residential structure or into any portion of the main traveled way of the interstate or freeway and the lights are not of such intensity so as to interfere with the residential use of property or to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.

   6.   No billboard or off premises sign shall have wind activated elements or any material which glistens or sparkles.

   7.   Billboards or off premises signs shall maintain a minimum setback from another billboard, zoning district, structure or use as follows:

 

(Ord. 1149, 2016)

In order to provide for business identification while also providing the public benefits of street trees, the design and placement of a freestanding sign shall consider the siting of existing or approved street trees, and shall comply with the allowed and proper pruning techniques employed by the city. Sign height may not be limited by existing or street trees, nor shall street trees be illegally topped or pruned in order to improve the visibility of a sign. In cases where a property owner desires to maximize the visibility of its sign, and where a prior approval has been issued by the city for a tree type and location, then these trees may be removed or replaced on site provided that an equal or greater amount of, or potential for, a street tree is provided. Such proposed changes shall include a review and recommendation by the city. (Ord. 1149, 2016)

A.   Notwithstanding and in addition to any other requirement under this code, any "sexually oriented business" as defined in title 5, chapter 5.30 of this code shall meet the following requirements:

   1.   Such sexually oriented business shall have in place at each entrance to such business a legible door sign (as defined herein) stating "Persons Under Eighteen (18) Years Of Age Not Permitted". The sign shall be no less than 0.5 square foot and no greater than one square foot in area.

   2.   Shall have no more than one business or advertising sign, which sign shall only be permitted on the front facade. Such sign shall have a surface area of no larger than five percent (5%) of the front building facade of the first floor elevation (first 10 feet) of the premises occupied by the licensee, or twenty (20) square feet, whichever is less.

   3.   Any sign or advertisement for any sexually oriented businesses shall not be posted on any property not designated by the sexually oriented business license issued under this code.

   4.   Signs may be illuminated, provided, however, that they emit a light of constant intensity and are constructed of hardware capable of programming that will limit the nits output to five thousand (5,000) on a clear day and five hundred (500) from dawn to dusk. In no event shall such illuminated sign or device be placed or directed to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance. Illumination shall not be by way of exposed neon, exterior lighting such as spot or floodlights, or any flashing or animated lights, whether interior to the sign, exterior to the sign, or as a border to the sign.

   5.   Such advertisements may not contain any graphic words, phrases, or images describing or showing any specified sexual activities or specified anatomical areas.

   6.   No sexually oriented business shall, in any manner, advertise or permit the observation of any live entertainment, or other adult materials, depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening viewable from any public street, alley, sidewalk or other right of way. (Ord. 1149, 2016)

Any person, no matter the capacity in which they act, who violates or refuses to comply with any provision of this chapter shall be guilty of an infraction. A separate infraction shall be deemed to be committed each day that any violation occurs or continues. In addition, the city may take whatever civil action it deems necessary to enforce the provisions of this chapter, including, but not limited to, the following:

A.   Giving written notice to the owner or lessee of any sign subject to a provision of this chapter that is being violated.

B.   Giving the owner or lessee thirty (30) days from such notice to correct the deficiency contained in the notice.

C.   Upon a failure of the owner or lessee of the sign to comply with a notice given under this section or, alternatively, the owner or lessee of the sign having failed to remove the sign from the property on which it is installed, the city may seek an order from a court of competent jurisdiction ordering the removal of the sign.

D.   In any action commenced by the city under this chapter, the city shall be entitled to recover from the owner found to have been in violation of the terms of this chapter all attorney fees and costs incurred. (Ord. 1149, 2016)