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Kimberly City Zoning Code

CHAPTER 17

09 SIGN REGULATIONS

17.09.010: GENERAL SIGN PROVISIONS:

   A.   No sign shall be allowed unless it conforms to the structural requirements of the building code and provisions contained herein. A monument sign on a lot/parcel of land, shall be counted when calculating the maximum number of allowable freestanding signs per parcel. A monument sign counts the same as a free-standing pole sign, on a lot/parcel of land.
   B.   Traffic control signs conforming to the "Manual On Uniform Traffic Control Devices", which are installed or approved by the city, shall not be required to conform to these regulations. No traffic control sign or imitation thereof shall be erected except those approved by the city engineer.
   C.   Each building shall display an address number which is not less than four inches (4") in height and plainly visible from the street and such number shall be allowed in addition to the signs permitted herein. The address number displayed shall correspond to the number issued by the zoning administrator.
   D.   Signs on a nonconforming use may be permitted providing they meet the signing requirements of the most restrictive zoning district in which the use would be permitted and providing they do not, in the sound discretion of the commission, have an adverse effect on adjacent property.
   E.   All signs, except permitted off premises signs, shall pertain only to the use or products located on the same property as the sign.
   F.   The light from an allowed illuminated sign shall be arranged, directed and of such intensity that it does not create a hazard, nuisance or other adverse effect on adjacent property, motor vehicles or approved traffic control devices.
   G.   All lighting elements of exterior signs shall be a minimum of nine feet (9') above the ground unless adequately protected to prevent injury if broken.
   H.   No sign shall be animated, flashing or rotating. Electronic message centers displaying date, time, temperature, weather, messages of interest to the traveling public, and/or commercial messages relating to the use of the property upon which the center is located, when in compliance with the conditions in subsection 17.09.020R of this chapter, are however permissible to be animated and flashing.
   I.   Signs inside buildings, which are not visible from outside the building, shall not be limited by this code.
   J.   No sign shall project beyond the property line except those allowed herein to project over public ways. No sign shall project closer than two feet (2') to a vertical line projected from the face of a curb, or if no curb exists, the face of the future curb as determined by the city engineer based on the master street plan. The owner of a sign allowed to project over a public way shall relocate the sign immediately upon written notification by the city of a modification to the public way.
   K.   No sign shall be higher than the standard height allowed by this title for buildings nor shall any sign located within eight feet (8') of the curb or future curb line have a sign face located between a point three and one-half feet (3.5') and a point eight feet (8') above the top of existing or future curb as determined by the city engineer.
   L.   No sign foundations shall encroach into public right of way.
   M.   All multiple occupancy buildings shall have sign plans submitted and approved by the administrator prior to issuance of sign permits for such buildings. The number of flush wall mounted signs, projecting wall mounted signs, roof mounted signs, canopy or marquee signs, freestanding signs, off premises signs, or a combination thereof shall be limited to three (3) per business. Through the submittal of an acceptable sign plan, the commission may approve one additional sign per business.
   N.   The dimensions of a sign that uses a wall as part of the background for individual letters or words shall be established by using the interconnected series of perpendicular and parallel lines which most nearly conform to the intent of this chapter by forming an essentially rectangular shape.
   O.   A permit shall be required on a form furnished by the city for all signs except temporary signs as defined in subsection 17.09.020E of this chapter, personal nameplate signs, building nameplate signs, window signs painted on the window glass, construction identification signs, and political signs.
   P.   Two (2) temporary special event signs and decorations per premises may be allowed by the administrator for special events, grand openings, or holidays, limited to a maximum of once every six (6) months. Such signs and decorations may be erected two (2) days prior to a special event or holiday and shall be removed two (2) days following the event or holiday. For grand openings, such signs may be used for no more than seven (7) days. No placement shall be allowed within the public right of way.
   Q.   A sign on a vehicle/trailer with wheels, being displayed on premises or off premises, messages cannot be used for the sole purpose of advertising. It is the responsibility of the property owners to provide proof that the vehicle has a legitimate business purpose other than acting as a sign. (Ord. 604, 2014: Ord. 542, 2007; Ord. 665, 2020)

17.09.020: ALLOWED USE OF SIGNS:

Only the following signs meeting the described standards shall be allowed. All other signs are prohibited.
   A.   Personal nameplate sign:
      1.   Definition: A sign that states the name of the occupant of a household unit.
      2.   Number: Each household unit may have one sign mounted on the building or freestanding.
      3.   Maximum size: Two (2) square feet.
      4.   Projection: No restriction.
      5.   Height: Not higher than seven feet (7').
      6.   Location: Allowed in all zoning districts and zoning subdistricts.
   B.   Building nameplate sign:
      1.   Definition: A sign mounted on a building with the sign parallel to the building wall and which is not directly illuminated which states the name of a building.
      2.   Number: Each building may have one sign.
      3.   Maximum size: Six (6) square feet.
      4.   Projection: Eighteen inches (18") from the building.
      5.   Height: Not higher than seven feet (7').
      6.   Location: Allowed in all zoning districts and zoning subdistricts.
   C.   Professional office overlay sign:
      1.   Definition: A sign which may be flush wall mounted or freestanding and which advertises an authorized special use in an RP overlay zoning district.
      2.   A flush wall mounted professional office overlay sign shall comply with the following standards:
         a.   Maximum number: Each special use or business within a special use building may have one sign per frontage.
         b.   Maximum size: The total square footage of signing per business shall not exceed twenty five (25) square feet.
         c.   Maximum projection: Eighteen inches (18") from a building.
         d.   Height: Not higher than the wall.
         e.   Illumination: May be illuminated.
         f.   Location: Allowed in all RP overlay zoning districts and zoning subdistricts.
      3.   A freestanding professional office overlay sign may be allowed only as follows:
         a.   On properties that meet the following standards:
            (1)   Medical facilities with emergency services and/or overnight patient care.
            (2)   Multiple building complexes (more than 2 buildings) with only one street frontage.
         b.   A freestanding sign shall meet the following standards:
            (1)   Maximum Number: One sign per premises.
            (2)   Maximum Size: One square foot of sign is allowed for every five feet (5') of street frontage on which the sign is proposed to be placed, but with a maximum sign size of thirty two (32) square feet.
            (3)   Maximum Projection: Not beyond the property line nor closer than eight feet (8') to the curb line or future curb line.
            (4)   Height: Five feet (5') in height is allowed for every fifty feet (50') of street frontage on which the sign is proposed to be placed, but with a maximum sign height of ten feet (10').
            (5)   Illumination: May be illuminated.
            (6)   Location: Allowed in all RP overlay zoning districts and zoning subdistricts.
   D.   Development sign:
      1.   Definition: A sign not internally illuminated which states the name of a particular development. Development signs are allowed only with special approval of the commission after it has determined that in its opinion the sign will not adversely affect the adjacent property.
      2.   Maximum number: Each vehicular entrance to the development may have one sign.
      3.   Maximum size: Thirty two (32) square feet.
      4.   Projection: Not beyond the property line.
      5.   Height: Not higher than seven feet (7').
      6.   Location: Allowed in all zoning subdistricts.
   E.   Temporary sign:
      1.   Definition: A sign not directly illuminated which advertises the sale, rent or lease of property on which said sign is located.
      2.   Maximum number: One sign.
      3.   Maximum size: Four (4) square feet in residential zoning districts; thirty two (32) square feet in commercial or manufacturing districts. Temporary promotional only signs, up to sixteen (16) square feet in area, shall be allowed in residential zoning districts.
      4.   Projection: No restriction.
      5.   Height: Not higher than seven feet (7') in any zoning district.
      6.   Location: Allowed in all zoning districts and zoning subdistricts.
   F.   Flush wall mounted sign:
      1.   Definition: A sign which may be illuminated, mounted on a building with the sign face parallel to the building wall or which may be painted on a building wall.
      2.   Maximum number: Each commercial use may have one sign for the first fifty feet (50') of linear wall that faces or is visible from a public way or parking area and one sign for each additional fifty feet (50') of linear wall that faces or is visible from a public way or parking area.
      3.   Maximum size: Three (3) square feet of area or linear foot of wall but not to exceed one hundred fifty (150) square feet.
      4.   Maximum projection: Not more than one and one-half feet (11/2') from a wall. The projection may not be over a public way.
      5.   Height: Not higher than the wall.
      6.   Location: Allowed in all zoning districts and subdistricts except RP and residential.
   G.   Projecting wall mounted sign:
      1.   Definition: A sign which may be illuminated, mounted on a building with the sign face perpendicular to the building wall.
      2.   Maximum number: Each commercial use may have one sign on each wall that faces a public way or parking area.
      3.   Maximum size: No bigger than the building.
      4.   Maximum projection: Not over five feet (5') over a public right of way.
      5.   Height: Not higher than the wall nor lower than a point eight feet (8') above the ground.
      6.   Location: Allowed in all zoning districts and subdistricts except RP and residential.
   H.   Roof mounted sign:
      1.   Definition: A sign, which may be illuminated, mounted on the roof of a building. Roof mounted signs may be allowed only when sign supports appear to be an architectural and integral part of the building, free of any exposed bracing.
      2.   Maximum number: Each building may have one sign.
      3.   Maximum size: One square foot of area per linear foot of building wall that faces a public way by not to exceed one hundred fifty (150) square feet.
      4.   Maximum projection: Not beyond a vertical line projected from the building walls.
      5.   Height: No special restriction.
      6.   Location: Allowed in all zoning districts and zoning subdistricts except AG, residential and RP.
   I.   Canopy sign or marquee sign:
      1.   Definition: A sign, which may be illuminated, mounted on a vertical surface of a canopy or marquee.
      2.   Maximum number: No special limit.
      3.   Maximum size: One square foot of area per three (3) square feet of vertical canopy or marquee surface area.
      4.   Maximum projection: Not beyond the projection allowed by the building code for a canopy or marquee.
      5.   Height: Not higher or lower than the canopy or marquee.
      6.   Location: Allowed in all zoning districts and subdistricts except AG and residential.
   J.   Identification sign:
      1.   Definition: A sign which may be illuminated, which states the use within a building or the company name of the occupant of a building with the sign face perpendicular to the building.
      2.   Maximum number: Each commercial use may have one sign mounted under a canopy or marquee or projection from a building wall.
      3.   Maximum size: One foot (1') measured vertically and five feet (5') measured horizontally.
      4.   Maximum projection: Not more than fifty percent (50%) of the projection allowed by the building code for a canopy or marquee.
      5.   Height: Not lower than a point eight feet (8') above the ground.
      6.   Location: Allowed in all zoning districts and zoning subdistricts except AG and residential.
   K.   Window sign:
      1.   Definition: A permanent sign which may be illuminated, visible from outside of a building, which is painted on a window or hung inside of a building.
      2.   Maximum number: One sign per thirty two (32) square feet of window glass.
      3.   Maximum size: Not to exceed twenty five percent (25%) of glass area.
      4.   Projection: Not beyond the wall of the building.
      5.   Height: No special limit.
      6.   Location: Allowed in all commercial and industrial zones.
   L.   Freestanding sign:
      1.   Definition: A sign, which may be illuminated, mounted on a vertical column that is supported on the ground rather than a building.
      2.   Maximum number: Each premises may have one sign per street frontage, except that a gasoline service station may have an additional trade name sign if the premises has only one street frontage.
      3.   Maximum size: Two hundred (200) square feet in area in any projection except as provided below.
      4.   Projection: As provided in subsection 17.09.010J of this chapter.
      5.   Height: Not lower than a point twelve feet (12') above state property or nine feet (9') above City property.
      6.   Location: Allowed in all zoning districts and subdistricts except Residential and RP.
   M.   Monument Signage:
      1.   Monument Sign: A freestanding sign structure with a solid base attached to the ground, extending predominantly in a vertical design. The base width of the sign structure is continued to or near the top of the monument sign. Structural supports are designed to be similar to the sign construction, and incorporate architectural features which complement the sign design. Rock signs are considered monument signs. Pole type freestanding sign supports are not considered monument signs, unless the support poles are enclosed within the monument sign structure-casing.
      2.   For single-tenant buildings which are not within a "shopping center/plaza", monument signs shall not exceed eighteen feet (18') in height and the signage area shall not exceed seventy (70) square feet per side.
      3.   For multi-tenant buildings which are not within a “shopping center/plaza,” monument signs shall not exceed twenty (20') in height and the signage area shall not exceed one hundred (90) square feet per side.
      4.   For single-tenant buildings which are within a “shopping center/plaza” monument signs shall not exceed twenty feet (20') in height and the sign area shall not exceed eighty (80) square feet per side.
      5.   For multi-tenant buildings which are within a “shopping center/plaza” the monument signs shall not exceed twenty-two feet (22') in height and the sign area shall not exceed one hundred (100) square feet per side.
      6.   For any single-tenant building or multi-tenant building which is not located in a shopping center, one monument sign per abutting street shall be permitted.
      7.   A “shopping center/plaza,” shall be allowed one monument sign per street that it abuts for any site less than twenty (20) acres in size and two (2) signs per street that it abuts, for any site twenty (20) acres in size or larger. The height of any such “shopping center/plaza” sign shall not exceed eighteen feet (18') adjacent to a roadway that is not designated as a State Highway and shall not exceed twenty-five feet (25') adjacent to any State Highway. The (20) acre size criteria includes the accumulation of all platted lot acreage, in the “shopping center/plaza.”
      8.   The minimum distance between monument signs on a single parcel, shall be one hundred fifty feet (150').
      9.   No monument sign shall be any closer than fifty feet (50') from a monument sign, or other freestanding sign, on an adjacent, separate parcel/platted lot.
      10.   Monument signs are permitted to be double faced.
   N.   Off premises sign:
      1.   Definition: A flush wall mounted, roof mounted or freestanding sign which may be illuminated and advertise a product, service person or other use which is not located on the same property as the sign. Off premises signs may be allowed only by special use permit and may be allowed in addition to other flush wall mounted, roof mounted or freestanding signs on a property.
      2.   Projection Or Height: The same for flush wall mounted, roof mounted or freestanding signs.
      3.   Maximum Size: Shall not exceed four hundred (400) square feet in any projection.
      4.   Distance And Spacing Requirements:
         a.   No off premises sign may be erected or placed on the same parcel/lot to within three hundred feet (300') in any direction of another off premises sign.
         b.   At any street intersection, there may be no more than four hundred (400) square feet of advertising sign area in any projection within two hundred fifty feet (250') as measured from the street corner curbs, provided that all other distance and spacing requirements are complied with.
         c.   In addition to finding that a proposed off premises sign complies with all general requirements and spacing regulations as described in subsections M4a and M4b of this section, the commission must make all of the following findings in permitting such a sign:
            (1)   That the location and placement of the sign will not endanger motorists or pedestrians and does not cause undue distraction to traffic on the adjacent street or impede views at street or railroad intersections.
            (2)   That the sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance.
            (3)   That the sign will not obstruct views of users of adjacent buildings to side yards, front yards or to open space.
            (4)   That the sign will not distract, intrude upon or negatively impact the visual quality of a public open space as a public recreation facility, square, plaza, courtyard and the like.
            (5)   That the sign is compatible with building heights of the existing neighborhood and does not impose a foreign or inharmonious element to an existing skyline.
            (6)   That the sign's lighting will not cause hazardous or unsafe driving conditions from motorists and will not glare, reflect or spill onto adjacent business or residential areas.
      5.   Location: Allowed in all zoning districts and subdistricts except AG, Residential and RP.
   O.   Construction identification sign:
      1.   Definition: A temporary sign not directly illuminated which provides information about a construction project in progress.
      2.   Maximum number: Each construction project may have one sign.
      3.   Maximum size: Fifty (50) square feet.
      4.   Projection: None beyond private property lines.
      5.   Height: Not higher than fourteen feet (14').
      6.   Location: Allowed in all zoning districts and subdistricts.
      7.   Duration: One year permitted by renewable permit upon application to the administrator.
   P.   Special sign:
      1.   Definition: A sign, which may be illuminated, which may be allowed by special approval of the commission and which designates emergency facilities or which designates separate buildings and building offices in multiple building complexes, or provides historical or other special information of public interest.
      2.   Maximum number, size, projection and height: Determined by the commission to be the minimum required to adequately serve the basic purpose.
      3.   Location: Allowed in all zoning districts and subdistricts.
   Q.   Service directional sign:
      1.   Definition: A sign, which may be illuminated and used to identify service bays, warehouses, etc.
      2.   Maximum number: Each bay or warehouse may have one sign flush mounted above the door.
      3.   Maximum size: One foot (1') measured vertically and not to exceed width of door horizontally.
      4.   Maximum projection: Not more than one and one-half feet (1.5') from a wall.
      5.   Height: Not higher than the wall.
      6.   Location: Allowed in all zoning districts and subdistricts except AG, residential, and RP.
   R.   Message center:
      1.   Definition: A sign which provides general public service information such as time, date, temperature, weather, directional information, messages of interest to the traveling public and commercial messages which are commonly used to augment business identification signs. Message centers may be allowed only by special use permit.
      2.   Maximum number, projection and height: Message centers may be included as part of other allowed flush wall mounted, roof mounted or freestanding signs.
      3.   Maximum size: Shall not exceed twenty five percent (25%) of the square footage of the sign in which it is located.
      4.   Distance and spacing requirements: Same as for off premises signs.
      5.   Location: Allowed in all zoning districts and subdistricts except AG and residential.
   S.   Electronic message center sign:
      1.   Definition: An electronic message center is an electronic sign which can be changed by electronic, electrical, and/or computerized process and may display date, time, temperature, weather, messages of interest to the traveling public, and/or commercial messages relating to the use of the property upon which the electronic message center is located. An electronic message center may be combined with a nonelectronic sign pertaining to the use or products located on the same property which may be illuminated (collectively "EMC"). The EMC may not be mounted on a building.
      2.   Maximum Number: Each premises may have one EMC. The one EMC shall be substituted as the freestanding sign permissible on the street frontage where the EMC is located.
      3.   Maximum Size:
         a.   The electronic sign portion of an EMC may be up to eight feet (8') in width and four feet (4') in height and may be two (2) sided.
         b.   The nonelectronic sign portion of an EMC may be up to ten feet (10') in width and four feet (4') in height in total, and shall be mounted on the same base as the EMC.
      4.   Projection: No EMC shall project closer than twenty two feet (22') to a vertical line projected from the face of a curb, or if no curb exists, the face of the future curb as determined by the city engineer based on the master street plan. No EMC shall project closer than twenty two feet (22') to a vertical line projected from any property line. Additionally, no EMC shall be located within a forty foot (40') vision triangle area from any intersection of roads with other roads, private approaches, alleys, bike or pedestrian paths, or railroad crossings. Each of these distances is measured at the portion of the EMC closest to the property line or curb.
       5.   Height: An EMC shall not exceed twenty feet (20') in height as measured from unelevated finished grade directly below the EMC at ground level.
      6.   Location: An EMC is permissible only in commercial-gateway (CG) and school zoning districts.
      7.   Other Requirements:
         a.   Each application for an EMC electronic sign must be accompanied by a site plan of the premises which includes colored side and front elevations of the proposed sign. The site plan must be approved by a registered engineer.
         b.   A sign permit for an EMC shall not be issued until a building permit for a building on the premises has been issued.
         c.   The location of an EMC shall not endanger pedestrians or motorists and shall not cause undue distraction to traffic on adjacent streets or impede views at street or railroad crossings/intersections.
         d.   The luminance level of an EMC shall not exceed five thousand (5,000) cd/m2 or nits, and all EMCs shall be equipped with automatic dimming capabilities, and in no event shall an EMC be arranged, directed or of such intensity that it creates a hazard, nuisance or other adverse effect on adjacent property, motor vehicles or approved traffic control devices.
         e.   An EMC may flash the same frame one time in repetition. However, flashing the same frame on and off more than once in repetition is prohibited.
         f.   An EMC shall not have a minimum display time of less than eight (8) seconds per frame. EMCs shall not include any illumination or image which moves continuously, appears to be in motion or has any moving or animated parts or video displays or broadcasts.
         g.   EMCs must not emit or utilize any sound capable of being detected.
         h.   An EMC shall be mounted on an enclosed aboveground base covered by or by a combination of stucco, decorative metal (non-tin), rock, simulated rock, and/or brick.
         i.   All applicable state and federal sign regulations shall be complied with by the applicant.
   T.   Religious and educational institutional sign:
      1.   Definition: A sign which may be illuminated and flush wall mounted or freestanding, which advertises an authorized religious institution or public school in residential zoning districts. Religious and educational institutional signs are allowed only with special approval of the commission after it has determined that in its opinion the sign will not adversely affect and is compatible with the surrounding property.
      2.   Maximum Number: Each religious or educational institution may have one flush wall mounted sign and one freestanding sign.
      3.   Maximum Size: Thirty two (32) square feet.
      4.   Projection: A flush wall mounted sign shall not project more than eighteen inches (18") from a wall. A freestanding sign shall not project beyond the property line.
      5.   Height: Not higher than the building line.
      6.   Location: Allowed in all zoning districts and zoning subdistricts.
   U.   Directional off premises sign:
      1.   Definition: A freestanding or flush wall mounted sign which may be illuminated and which directs to and identifies a premises or two (2) or more premises not located on the same property as the sign. Directional off premises signs may be allowed with special approval of the commission.
      2.   Maximum number: Two (2) per premises being directed to and identified.
      3.   Maximum size: Shall not exceed fifty (50) square feet in any projection.
      4.   Projection or height: The same for flush wall mounted or freestanding signs.
      5.   Distance and spacing requirements: Same as for off premises signs.
      6.   Location: Allowed in all zoning districts and subdistricts except AG, Residential and RP.
   V.   Political sign:
      1.   Definition: A sign that promotes an individual or cause.
      2.   Maximum Number: None.
      3.   Maximum Size: None.
      4.   Projection: Not beyond the property line.
      5.   Height: Not beyond the maximum building height permitted in that zoning district.
      6.   Location: Allowed in all zoning districts and subdistricts.
      7.   Number Of Days Posted: Cannot be posted for more than sixty (60) days.
      8.   Placement: Cannot be posted so as to create a safety or traffic hazard.
   W.   Bench sign:
      1.   Definition: A sign incorporated on a bench designed and intended to be used for seating.
      2.   Maximum Size: The face of the sign incorporated on the bench seatback shall not exceed six feet (6') in length and two feet (2') in height.
      3.   Spacing: Shall not be placed within five hundred feet (500') in any direction from any other bench sign.
      4.   Location: Allowed by special use permit in CB, LI Zoning Districts and except any location prohibited by Idaho Code section 40-1910.
      5.   Sign Content: The content or advertising of the bench sign shall be by special use permit. No permit shall be granted without written consent of all property owners and tenants within one hundred fifty feet (150') of the proposed location.
   X.   Pole mounted Flags Exceeding twelve (12) feet in height:
      1.   Definition: A "pole mounted flag" is a piece of fabric or composite material, attached to a staff or cord on one end, allowing for raising, lowering and removal, which is mounted to a freestanding pole, and generally used as a symbol of a nation, state, political subdivision, or organization.
      2.   Place - location: A flag and its supporting structure may be located on public or private property, compliant with minimum setbacks, of five (5 feet) from subject property lines. Reduced setbacks may be considered by the Planning and Zoning Commission per special use permit approval. Recorded CC&R's may be applicable and enforced by the Subdivision HOA.
      3.   Public Display: Flags may be placed at public parks during social and athletic events.
      4.   Height: All flag pole height restrictions shall comply with the maximum height criteria, specified in the applicable Official Building Height regulations, Section 17.04.130 and compliant with the zoning district, of the subject property.
      5.   Size: The maximum size of a flag for residential districts shall not exceed thirty (30) square feet per parcel or lot of land and shall not exceed sixty (60) square feet per parcel or lot of land for non-residential districts. Larger flags exceeding sixty (60) square feet, may be considered by the Planning and Zoning Commission per special use permit approval.
      6.   Display Time: Flags generally used as a symbol of a nation, state, political subdivision, or organization may always be displayed, if the flag is illuminated during darkness.
      7.   Number of Flags allowed: A maximum of one (1) flag shall be allowed per parcel or lot of land. Additional flags may be considered by the Planning and Zoning Commission, per special use permit approval.
(Ord. 647, 2017: Ord. 604, 2014: Ord. 542, 2007; Ord. 656, 2019; Ord. 682, 2023)

17.09.030: NONCONFORMING SIGNS:

   A.   A sign that does not conform to the provisions of this title shall be termed a nonconforming sign. A nonconforming sign which was lawfully existing or under construction at the effective date hereof may continue to be used subject to the provisions of this section providing the following conditions are met:
      1.   All signs declared to be dangerous by a proper authority shall be strengthened or otherwise altered to make them safe.
      2.   No alterations or changes shall be made to a nonconforming sign except to bring it into compliance with any section of this title; nor shall any nonconforming sign be replaced with another nonconforming sign except as provided by subsection B of this section.
   B.   A nonconforming sign may be altered or replaced by another nonconforming sign only upon prior approval of the Administrator. Application for such approval shall be on forms provided by the Administrator. The administrator shall make the following findings of fact as a prerequisite to approval:
      1.   That the proposed alteration or replacement is for a freestanding sign which is nonconforming due to there being more than one freestanding sign per building or premises or to zoning district prohibition.
      2.   That the proposed alteration or replacement conforms to all other existing requirements of this code.
      3.   That the proposed alteration or replacement is not inimical to the best interest of the surrounding neighborhood.
      4.   That the proposed alteration or replacement is for the purpose of removing ornamental projections and consolidating sign faces.
The administrator must review and make a determination of approval or denial within fifteen (15) days of receipt of application and will submit his or her findings in writing to the applicant. In the event the zoning administrator determines to approve said application, a radius notice must be sent, by first class mail, to all property owners within three hundred feet (300') of the property which is the subject of the application. Such notice must provide that any interested person may appeal the decision of the zoning administrator to the city council within fifteen (15) days of the date of the radius notice. The decision of the zoning administrator will not take effect until said appellate time has expired. In the event the zoning administrator denies such application, the applicant may appeal such decision to the city council within fifteen (15) days of the zoning administrator's decision.
   C.   Nonconforming signs shall be discontinued and further use of the sign shall conform to the provisions of this title for any of the following reasons:
      1.   If use of the sign or property on which the sign is located is discontinued for a period of six (6) months.
      2.   If use of the sign or property on which the sign is located is changed.
      3.   If a nonconforming sign has a value of less than one hundred dollars ($100.00). (Ord. 542, 2007)