(a)

The purpose of this article is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements.

(b)

The city has a national and international reputation in fine arts and as a unique Swedish community. Toward this end, the city council finds that the city depends on tourism as an important part of the economy. Signage has a significant impact on the visual character and quality of the city.

(c)

The proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality environment. Effective sign control has preserved and enhanced the visual character of other communities in this state and other states. The city must compete with many other state, national and international tourist communities for tourism opportunities.

(d)

In order to preserve the city as a desirable community to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance.

(e)

These sign regulations are intended to:

(1)

Preserve and maintain the city as a pleasing, visually attractive environment.

(2)

Promote and accomplish the goals, policies and objectives of the city's comprehensive plan.

(3)

Address community needs, preserve the unique natural environment, preserve and enhance the quality human existence, retain the city's premier status in an increasingly competitive tourist market, preserve the historically and architecturally unique character of the city, foster the Swedish quality of the city and preserve and enhance scenic views.

(4)

Enable the identification of places of residence and business.

(5)

Allow for the communication of information necessary for the conduct of commerce.

(6)

Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs.

(7)

Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.

(8)

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.

(9)

Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along where the sign is to be placed.

(10)

Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner.

(11)

Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs that compete for the attention of pedestrian and vehicular traffic.

(12)

Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians.

(13)

Avoid the creation of a "tourist trap" atmosphere that can result when business enterprises compete for attention through the use of commercial advertising signs.

(14)

Impose reasonable time, place and manner restrictions upon commercial signs while, at the same time, not unnecessarily or impermissibly interfering with the free exercise rights granted under the First Amendment of the United States Constitution and related areas of the state constitution.

(Ord. No. 4272, § 1(22-26.01), 4-7-2003)

This article applies to all signs of whatever nature and wherever located within the city. No sign shall be allowed except as permitted by this article.

(Ord. No. 4272, § 1(22-26.03), 4-7-2003)

(a)

Required. It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit.

(b)

Application contents. An application for a sign permit shall include the following information:

(1)

The information required on the form provided by the design review board official.

(2)

A letter of consent from the owner of the building, if the applicant is not the owner or a tenant.

(3)

The proposed location of the sign on the building or parcel.

(4)

A blueprint or drawing of the plans, specifications and method of construction of the sign and its supports, showing proposed dimensions, materials, colors and the type, intensity and design of the sign's illumination, if any.

(5)

The dimensions, measurements, and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property; and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations.

(c)

Fees. Permit and inspection fees associated with sign installation and maintenance shall be as provided in the city fee schedule.

(d)

Inspections. All signs for which a permit is required shall be subject to inspection by and approval of the building official.

(1)

Footing inspections may be required for all signs having footings.

(2)

All signs containing electrical wiring shall be subject to the provisions of the city's electrical code, and the electrical components used shall bear the label of an approved testing agency.

(e)

Exempt signs. The signs or sign activities in this section (e) shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this article.

(1)

Preventive maintenance. The ordinary preventive maintenance of a lawfully existing sign.

(2)

Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity.

(3)

Temporary signs, banners, pennants, streamers and balloons and other gas-filled figures. Temporary signs, banners, pennants, streamers, and balloons or other gas-filled figures advertising a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes, subject to the following:

a.

Location. Any such temporary sign which extends over or onto a public right-of-way shall be erected and maintained in such a manner as to not interfere with or obstruct access, activity or vision along any such public right-of-way, and shall be subject to the city administrator's written approval.

b.

Timing. Such temporary signs may be erected and maintained for a period not to exceed 14 days prior to the date of which the campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three days of the termination of such campaign, drive, activity or event.

c.

Dimensions. Temporary signs shall not exceed 50 square feet in area.

(4)

Construction signs. One freestanding sign is permitted on a street for a site under construction, not to exceed a total of one sign per site, which does not exceed 32 square feet in area, which is not illuminated, and which identifies the individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed 30 days prior to commencement of construction and shall be removed within 14 days of termination of construction.

(5)

Directional or instructional signs. Signs, not exceeding six inches by 30 inches in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility, but not including, those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs.

(6)

Fine art. Works of fine art which in no way identify or advertise a person, product, service or business.

(7)

Flags. Flags, emblems, banners and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes.

(8)

Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger, and aids to service and safety which are erected by or for the order of government.

(9)

Historic designation. Signs placed on an historic building identifying the structure as an historic landmark which sign shall be a wall sign not to exceed six square feet in area.

(10)

Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civil, patriotic, and/or religious holidays; provided that such decorations are maintained in a safe condition and do not constitute a fire hazard.

(11)

Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property or private property so at to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity, or direct people to a business or activity located on the same or nearby property.

(12)

Interior signs. Signs which are fully located within the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building and signs not to exceed 30 inches by 42 inches located within the inner or outer lobby, court or entrance of any theater which are intended solely for information relating to the interior operation of the building in which they are located.

(13)

Mail boxes. Mail boxes, including the street address.

(14)

Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring the names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, or other remembrances of persons or events that are noncommercial in nature.

(15)

Menu signs. One sign per use, with an area not to exceed four square feet, with a height not to exceed the eaves line or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which advertises and/or identifies a restaurant menu, drinks, foods offered or special activities incidental to drink and food service.

(16)

Public notices. Official government notices and legal notices.

(17)

Shielded light in architectural design. Lights permanently affixed to a building and made an integral part of the building architecturally, designed for that building, directed only at and not away from the building, and shielded in such a manner that the light source is fixed and is not directly visible from any public right-of-way or any are outside the lot on which the building is located, provided such lights are not flashing lights.

(18)

Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, icemakers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information.

(f)

Design review board's decision. After receiving the completed application and determining the application's compliance and consistency with the purposes, requirements and standards of this article, the design review board shall approve, approve with conditions or deny the application.

(g)

Temporary signs. Temporary signs shall be subject to the restrictions set forth in section 50-777.

(h)

Duration. Signs for which permits have been issued shall be erected within 90 days of the issuance of the permit. Failure to complete the placement of the sign within such period shall require the sign owner to obtain a new permit before such sign can be erected.

(Ord. No. 4272, § 1(22-26.04), 4-7-2003)

The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the city:

(1)

Billboards and other off-premises signs, except as a temporary sign as provided for in section 50-751(g).

(2)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations.

(3)

Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes pertaining to advertising.

(4)

A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten days after written notification from the city administrator, and upon failure to comply with such notice within the time specified in such order, the city administrator is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this subsection. Signs of historical character shall not be subject to the provisions of this section. For purposes of this section, the term "historical signs" means those signs erected prior to January 1, 1945.

(5)

Portable and wheeled signs.

(6)

Roof signs.

(7)

Searchlights or beacons.

(8)

A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot, or building other than the building to which the sign may be accessory.

(9)

Signs containing untruthful or misleading information.

(10)

Signs with an optical illusion of movement by means of a design that presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.

(11)

A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant.

(12)

Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

(13)

Strip lighting outlining commercial structures and used to attract attention for commercial purposes, except as may be otherwise allowed by the governing body.

(14)

Any sign which:

a.

Is structurally unsafe.

b.

Constitutes a hazard to safety or health by reason of inadequate maintenance of dilapidation.

c.

Is not kept in good repair.

d.

Is capable of causing electrical shocks to persons likely to come into contact with it.

e.

In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign.

f.

Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians.

g.

Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

h.

Is located on trees, rocks, light poles or utility poles, except where required by law.

i.

Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway.

(Ord. No. 4272, § 1(22-26.05), 4-7-2003)

(a)

The gross surface area, in square feet, on one side of any business sign on a lot shall not exceed three times the lineal feet of frontage of the building; each side of a lot which abuts upon a street shall be considered as a separate frontage, and the gross surface area of all signs located on each side of a structure shall not exceed three times the lineal feet in the separate frontage. The total surface area shall not exceed 400 square feet for each face of the sign.

(b)

Individual letters, with no background, shall be measured by the minimum rectangular area necessary to encompass such letter or by a combination of rectangles as are necessary to encompass letters of irregular dimensions.

(Ord. No. 4272, § 1(22-26.06), 4-7-2003)

(a)

Prohibited. No sign shall be illuminated through the use of internal illumination, rear illumination or fluorescent illumination, except as follows:

(1)

When used for indirect illumination.

(2)

When used in the C-3 General Business District, limited to a maximum of one pole sign and one building sign.

(3)

When used in the C-2 Retail Business District, limited to interior signs, and no more than 15 percent of the window surface may be covered.

(b)

Shielding. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision.

(Ord. No. 4272, § 1(22-26.07), 4-7-2003)

(a)

In deciding to permit graphic design signs the design review board shall approve the proposed graphic design if it:

(1)

Harmonizes with the structure on the parcel on which it is to be painted.

(2)

Is compatible with the other signs or graphic designs on the premises.

(3)

Is suitable and appropriate to the neighborhood.

(4)

Contributes to any special characteristics of the particular area of the city in which it is to be located.

(5)

Is well-designed and pleasing in appearance.

(6)

Is desirable as an urban design characteristic.

(7)

Does not constitute a nuisance to the occupants of adjacent or contiguous property.

(8)

Is not detrimental to property values.

(9)

Does not constitute a traffic and safety hazard because it is distracting, or is not considered obscene, lewd, indecent or otherwise offensive to public morals.

(b)

The design review board may attach to its approval of the application, any conditions which in its judgment are necessary to carry out the purposes and intent of the review standards. The design review board may also require annual maintenance inspections of the design by the building inspector and revoke any permit issued if a graphic design is not maintained.

(Ord. No. 4272, § 1(22-26.08), 4-7-2003)

In the event a business with a grandfathered nonconforming sign changes ownership, the nonconforming sign shall continue to be grandfathered. Said signs may be amended to reflect new ownership, but may not be enlarged or the lighting intensity increased.

(Ord. No. 4272, § 1(22-26.13), 4-7-2003)

The following limitations shall apply to all freestanding, projecting, wall and window signs.

(1)

Freestanding signs.

a.

Freestanding pole signs shall not be higher than 16 feet in the C-1 Neighborhood Shopping District and C-2 Retail Business District and not higher than 25 feet in the C-S Highway Service District and the C-3 General Business District. Freestanding signs shall be a minimum of seven feet above ground when located adjacent to a pedestrian way. Any freestanding sign, other than those placed in a sidewalk, shall be landscaped at the base, a minimum of four feet around the pole base. Each freestanding pole sign that is located in a sidewalk shall be placed a minimum of three feet from the curb and must be attached permanently to the sidewalk. Freestanding sign supports shall not be more than eight inches in width.

b.

Freestanding sidewalk signs shall not exceed 48 inches in width and height and must be permanently affixed to the sidewalk, a minimum of three feet from the curb.

(2)

Projecting signs. Projecting signs shall:

a.

Not be higher than the eve line or parapet wall of the top of the principal building;

b.

Be a minimum of eight feet above grade when located adjacent to or projecting over a pedestrian way; and

c.

Not extend more than four feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning.

(3)

Wall signs. Wall signs shall not be higher than the eve line or parapet wall of the top of the principal building, and no sign part, including cutout letters shall project more than six inches from the building wall.

(4)

Window signs. Window signs that are painted on, applied or attached to a window and exclude merchandise included in a window display. Window signs shall not exceed 15 percent of the total window surface area.

(Ord. No. 4272, § 1(22-26.09), 4-7-2003)

It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including utility poles, belonging to the city without the city council's permission.

(1)

Applicability. This section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their duties or to specific circumstances otherwise provided for in this article.

(2)

Off-premises directional signs. Such nonadvertising directional signs shall be used to indicate retail businesses or attractions which are not located on the main thoroughfares of Harrison/Cole, Lincoln, or Main Streets. Such signs are not allowed for home occupations. Written permission must be obtained from the property owner. Only businesses and attractions located within the city limits are allowed to have off-premises signs.

a.

Size. A standard sign is provided by the city for this use. No other design will be allowed.

b.

Number. Each business or attraction will be allowed to use one directional sign only and businesses located in close proximity shall use the same sign.

c.

Location. Such sign shall be placed in the right-of-way, along the main thoroughfares, as decided by the city.

d.

Illumination prohibited. The sign shall be nonilluminated.

e.

Contract required. The business or attraction will be required to enter into a lease agreement with the city that will cover the cost to make and maintain the sign.

(3)

Temporary signs. Temporary signs shall only be used for commercial uses and in commercial zone districts. The following temporary signs are permitted, in addition to the signs permitted under this article, and then only if accessory and incidental to a permitted or conditional use. No other temporary signs shall be allowed.

a.

Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following:

1.

Type.

(i)

Window. The temporary sale sign shall be placed in the window of the business holding the sale.

(ii)

Banners, pennants, streamers or balloons. Banners, pennants, streamers and balloons advertising a special sale shall be subject to the following: Any such temporary sign which extends over or into a public right-of-way shall be erected and maintained in such a manner as to not interfere with or obstruct access, activity or vision along any such public right-of-way, and shall be subject to the city administrator's approval.

2.

Number.

(i)

Window. The number of window signs shall not be limited, but must not cover more than 75 percent of any one window. An open space must be maintained around all temporary window signs.

(ii)

Banners. The number of banners shall be limited to one per side of the structure, with a maximum of two banners total.

b.

Timing. Such temporary signs may be erected and maintained for the life of the sale not to exceed 30 days. Banners shall be allowed for up to six such periods in one year.

c.

Dimensions. Banners shall not exceed 50 square feet in area.

d.

Maintenance. Such temporary sign, banner, pennant, streamers or balloons shall be securely anchored to the commercial property at all times. Should such temporary sign, banner, pennant, streamer or balloons become damaged, it shall be repaired or removed immediately.

(Ord. No. 4272, § 1(22-26.10), 4-7-2003)

Signs under this section are used in residential zone districts for the purpose of identifying a home occupation. Any such sign shall be subject to the following:

(1)

Be attached to the building, not to project from the building, and not to exceed the outer roofline.

(2)

Printed on one side only.

(3)

Be nonilluminated.

(4)

The maximum dimensions shall not exceed 288 square inches or three feet in any direction.

(5)

Yard signs are prohibited.

(6)

The number of signs shall be limited to one.

(Ord. No. 4272, § 1(22-26.11), 4-7-2003)

(a)

Residential uses and zone districts. For all residential uses and residential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under the code, and then only if accessory and incidental to a permitted or conditional use.

(1)

Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property shall be located on private property, subject to the following:

a.

Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign.

b.

Number. There shall be no more than one temporary real estate sign for sale or rent per lot.

c.

Area. The area of the temporary sign shall not exceed three square feet.

d.

Height. The height of the temporary sign shall not exceed five feet as measured from the grade at the base of the sign.

e.

Special conditions. The temporary sign shall be removed within seven days of the sale or rental of the real estate upon which the sign is located.

(2)

Political signs. Temporary political signs announcing political candidates seeking public office, political parties or political and public issues shall be subject to the following:

a.

Type. The temporary political sign shall be a wall sign, freestanding or banner.

b.

Number.

1.

Private property. There shall not be more than one temporary political sign for each use.

2.

Public right-of-way. There shall be no temporary political signs permitted on or located in the public right-of-way or on public property.

(3)

Area. The area of temporary political signs shall not exceed six square feet.

(4)

Height. Temporary political signs shall not project higher than the eave line or parapet wall of that portion of the principal building in which the applicant who applied for the sign is located, if it is a wall sign.

(5)

Duration. Temporary political signs may be erected or maintained for a period not to exceed 30 days prior to the date of the election to which such signs are applicable, and shall be removed within seven days following such election. Temporary political signs concerning issues of the candidates that are not on a ballot may be maintained for a period not to exceed 30 days.

(b)

Commercial uses and zone districts. Temporary signs shall only be used for commercial uses and in commercial zone districts. The following temporary signs are permitted, in addition to the signs permitted under the article, and then only if accessory and incidental to a permitted or conditional use. No other temporary signs shall be allowed.

(1)

Temporary sale signs. Temporary sale signs, announcing special sales or products and services, shall be subject to the following:

a.

Type.

1.

Window. The temporary sale sign shall be placed in the window of the business holding the sale.

2.

Banners, pennants, streamers or balloons. Banners, pennants, streamers and balloons advertising a special sale shall be subject to the following: Any such temporary sign which extends over or into a public right-of-way shall be erected and maintained in such a manner as to not interfere with or obstruct access, activity, or vision along any such public right-of-way, and shall be subject to the city administrator's approval.

b.

Number.

1.

Window. The number of window signs shall not be limited, but must not cover more than 75 percent of any one window. An open space must be maintained around all temporary window signs.

2.

Banners. The number of banners shall be limited to one per side of the structure, with a maximum of two banners total.

c.

Timing. Such temporary signs may be erected and maintained for the life of the sale, not to exceed 30 days. Banners shall be allowed for up to six such sale periods in one year.

d.

Dimensions. Banners shall not exceed 50 square feet in area.

e.

Maintenance. Such temporary sign, banner, pennant, streamer or balloons shall be securely anchored to the commercial property at all times. Should such temporary sign, banner, pennant, streamer or balloons become damaged, it shall be repaired or removed immediately.

(Ord. No. 4272, § 1(22-26.12), 4-7-2003)