Lewiston City Zoning Code
GENERAL REGULATION
OF SIGNS
§ 152.205 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOT. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map; or by metes and bounds if existing prior to or in accordance with exemptions from the city’s subdivision regulations.
NON-CONFORMING SIGNS. Any sign legally existing on the effective date of this chapter which does not conform to the requirements set forth in this chapter shall become a non-conforming use. Non-conforming, permanent signs shall be allowed to continue but shall not be rebuilt, materially altered or relocated without being brought into compliance with the requirements of this chapter, except that any flashing portion shall be discontinued within 30 days after the effective date of this chapter (see also § 152.020).
SIGN. Any publicly displayed message-bearing device for visual communication or any attention attracting device that is used primarily for the purpose of bringing the subject thereof to the attention of the public including any banner, pennant, symbol, valance or similar display.
SIGN, BUSINESS I.D. Any sign painted on, or letters attached to, a building wall which only states the name and/or nature of the business occupying the building, or the identity of the owner of the building, rather than advertising a particular product.
SIGN, FREESTANDING. A sign which is not affixed to any part of any building and which is rather supported by upright braces or posts placed in the ground, or by a structure which is not attached to any building.
SIGN, GROSS SURFACE AREA OF. The maximum projected area as viewed from any point, calculated as follows: a polygon with a single continuous perimeter whose sides are made up of straight lines (which in no case pass through or between any adjacent elements of the sign and whose interior angles are each less than 180 degrees). However, such perimeter shall not include any structural elements (forms, braces, posts and the like) lying outside the limits of such sign surface and not forming an integral part of the display.
SIGN, PORTABLE. A sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. PORTABLE SIGN may consist of a mobile structure such as a semi-truck trailer or other device whose primary function during a specific time period is to serve as a sign.
SIGN, PROJECTING. Any sign which is attached to a surface of a building which extends more than 18 inches from the wall or building surface.
SIGN, ROOF. Any sign which is extended above any portion of a roof, or is attached to or embedded within a roof.
SIGN, TEMPORARY. A sign which is erected or displayed for a limited period of time.
SIGN, WALL. Any sign which is attached flat against, or does not project more than 18 inches beyond, the wall or face of the building to which it is attached.
(Prior Code, § 913.01)
§ 152.206 PROHIBITED SIGNS.
The following signs are prohibited:
(A) Signs that, by reason of position, shape or color would interfere with the proper function of a traffic sign or signal;
(B) Signs within the public right-of-way or easement, except for government installed signs;
(C) Signs that resemble any official marker erected by a governmental agency or that display such words as “stop” or “danger”;
(D) Flashing signs including indoor signs which are visible from the public streets;
(E) With the exception of search lights which may be approved in conjunction with city-wide celebrations, no strobe, rotating beam, beacon or flashing illumination shall be used in connection with any display;
(F) Signs or sign structures that obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress for any building structure. With reference to commercial and industrial districts, signs painted on the inside glass portion of windows or doors are permitted;
(G) Banners, pennants, streamers, balloons, stringers or similar attention-attracting devices, unless approved in conjunction with a city-wide celebration or activity, such as the Fools Five race, Lewiston Heartland Days and the like;
(H) Sign posters that are tacked or posted on trees, fences, utility poles or other such supports;
(I) Portable signs, except as a conditional use in B-1 or B-2 District and subject to annual review;
(J) No sign shall restrict the line of sight from streets, highways or access roads adjacent to the premises on which it is located, for purposes of public safety patrol, and observation;
(K) No sign shall restrict or otherwise interfere with the line of sight from street, highways or access roads to existing business signs on adjacent properties; provided such existing signs are otherwise in compliance with this chapter;
(L) No sign shall be allowed which would create a traffic hazard at roads, streets or intersections adjacent to the lot on which the sign is located; or which attracts attention of drivers approaching busy or dangerous intersections;
(M) All other signs not expressly permitted by this chapter; and
(N) Notwithstanding anything to the contrary herein, nothing contained in this or any other provisions regulating signs shall discriminate between different message content alone. All sign regulations shall be enforced equally regardless of content of the message upon the sign. Nothing herein shall prohibit enforcement of performance standards intended to prevent nuisances caused by signs, including lighting visible in residential areas, traffic distraction or interference with access to solar energy.
(Prior Code, § 913.02) Penalty, see § 10.99
§ 152.207 PERFORMANCE STANDARDS FOR PERMITTED SIGNS.
(A) Where a sign is illuminated, the beam of light shall not shine directly upon any part of a residence or into the street.
(B) No projecting sign shall project more than 96 inches out from the wall to which it is attached, extend above the roof line or exceed 20 square feet in area on any side.
(C) Owners of signs shall keep all signs in reasonable repair and conduct periodic maintenance. Any sign or sign structure which may be, or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner or agent of the owner of the property upon which the sign stands, upon 30 days written notice from the city or its agent.
(D) No part of any permanent freestanding sign shall be closer than ten feet to the side lot line.
(E) No part of any sign shall project over or beyond the property line of the property upon which the sign is located.
(F) Unless set back 20 or more feet from the street right-of-way line, the supporting column(s) of a freestanding sign exceeding 16 square feet in area shall not materially impede vision between a height of two and one-half and seven and one-half feet above the centerline grade of the street.
(G) Wall signs on office buildings shall be of a uniform design compatible with the exterior appearance of the building.
(H) Freestanding signs shall be able to withstand a wind load of 30 pounds per square foot of surface area.
(I) All electric signs shall meet minimum standards of State Electrical Code hereby adopted by reference for the purpose of this regulation.
(Prior Code, § 913.03) Penalty, see § 10.99
§ 152.208 PERMITTED SIGNS NOT REQUIRING A PERMIT.
The following permitted signs do not require a permit:
(A) Name identification signs for one- and two-family dwellings; provided that such signs are less than two square feet in area (note: this does not include home occupation signs);
(B) Traffic-control signs, non-commercial governmental signs, legal notices, railroad crossing signs and temporary non-advertising safety or emergency signs;
(C) Signs denoting the architect, engineer, contractor or owner when placed upon a respective worksite and not exceeding an aggregate of 48 square feet in area, to be removed ten days following completion of construction;
(D) Copy or message changing on a printed or painted sign which is permitted by this chapter;
(E) Portable and freestanding political signs for a period of not more than 60 days before and ten days after an election; provided no one sign is greater than 16 square feet in area. Freestanding political signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be held responsible therefor;
(F) Signs or posters painted on or attached to the inside of a display window (this shall not include illuminated signs or flashing signs in R-A, R-1 or R-2 Districts);
(G) Flags, badges or insignia of any government of governmental agency, or of any civic, religious, fraternal or professional organization. Commercial and industrial establishments may display a single flag consisting of the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific product or service is prohibited;
(H) Temporary displays which are erected to celebrate, commemorate or observe a civil or religious holiday;
(I) Business I.D. signs; provided the name or designation does not cover more than 35% of the surface of the building on which it is located;
(J) Real estate signs as follows:
(1) Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings; provided that such signs shall not exceed six square feet in area for residential property and 32 square feet for other property, and that there shall be only one such freestanding or wall sign permitted for each property. The sign must be removed within ten days following the lease or sale;
(2) Temporary freestanding off-site real estate signs announcing an open house or similar activity for the purpose of showing or displaying a home for sale are permitted; provided:
(a) The off-site sign is located on privately-owned residential property and there is no objection to the display of the sign on the part of that property owner;
(b) The off-site sign is displayed only during the time of the open house or showing; and
(c) The size of the off-site sign shall not exceed three square feet in area.
(3) A temporary freestanding sign for the purpose of announcing or promoting a new residential, commercial or industrial project development; provided that each residential project contains at least six dwellings or lots. Further provisions are that one such sign is permitted for each major thoroughfare the project abuts; the signs shall be located at least 130 feet from any pre-existing home; the signs are removed within two years of issuance of the first building permit in the project or when the particular project is 90% sold out or rented, whichever is sooner; and each sign shall not exceed 48 square feet.
(K) Rummage sale signs as follows: a temporary on-site rummage-sale sign not exceeding six square feet in area, identifying the location of and/or information relating to a rummage sale shall be permitted; provided they are erected not more than 24 hours before the sale and are removed within 24 hours after the end of the sale.
(Prior Code, § 913.04)
§ 152.209 SIGN PERMITS.
(A) No sign shall be erected, re-erected or altered unless a zoning permit for each such sign has been obtained from the city. Such permits shall be obtained by application in writing upon such forms as required for any other zoning permit.
(B) Administrative fees reasonably calculated to reflect costs of meetings by staff, elected or appointed officials and any other administrative costs for investigation of the site or applicant may be charged as permit application fees which shall be set from time to time by resolution of the City Council.
(Prior Code, § 913.05)
§ 152.210 ENFORCEMENT.
Each section or division of this chapter shall be considered separately in the event of any test of its validity. It shall be unlawful for any person, firm or corporation, to erect, alter, repair, move, equip or maintain any sign or sign structure in violation of any of the provisions of this chapter. Any such failure to comply with this chapter shall constitute a misdemeanor for each day the person, firm or corporation fails to comply or to remove a non-complying sign. The city shall also have the right to sue for damages or seek any equitable or injunctive relief to remove a non-complying sign and, if successful, and the court deems just, the city shall also be awarded its reasonable costs and disbursements for any legal action necessary to recover damages or obtain injunctive relief, including reasonable attorney’s fees.
(Prior Code, § 913.06) Penalty, see § 10.99