(a)

To promote the creation of an attractive visual environment that promotes a healthy economy;

(b)

To protect and enhance the physical appearance of the community in a lawful manner that recognizes the rights of property owners;

(c)

To foster public safety along public and private streets within the community by assuring that all signs are in safe and appropriate locations;

(d)

To assure that the provisions of this article are not intended to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution. All sections of this article are to be construed, whenever possible, to protect the rights of residents and visitors to speak freely. All provisions of this article shall be interpreted in a content-neutral manner excepting those narrow, legally-recognized explicitly identified in this article.

(Ord. No. 6-2021, § 2, 9-13-2021)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration shall mean any change to a sign, but does not include:

(1)

The rearrangement of numerals, letters or copy applied directly to the face of the sign and specifically designed and intended to be periodically rearranged;

(2)

Maintenance, including replacement by identical components; and

(3)

A change of copy with an identical size panel.

Animated shall mean any sign or part of a sign that changes physical position or light intensity by any movement, rotation, illumination or other means, or that gives the visual impression of movement, illumination or rotation.

Awning, internally illuminated shall mean any awning lit by means of a light source that is within an awning that is constructed from any, but not limited to, translucent or opaque material.

Awning sign shall mean a wall sign painted, printed, attached, or otherwise applied to any facet or support structure of an awning. Awnings are completely supported by their attachment to a wall and do not include posts, legs or pillars to support themselves directly on the ground.

Banner sign shall mean any sign constructed of cloth, canvas, light fabric, other light, non-rigid material with no enclosing framework, other than a flag sign or canopy sign.

Business center shall mean a group of three or more businesses that share a common access.

Business purposes shall mean the erection or use of any property, building or structure, permanent or temporary, for the primary purpose of conducting a legal commercial enterprise in compliance with all ordinances and regulations of the city governing such activity; a business purpose shall not include any property, building or structure erected or used for the primary purpose of securing a permit to erect a sign.

Cabinet means that portion of a sign's structure containing any advertising display.

Canopy sign shall mean a wall sign, which is painted, printed, attached, or otherwise applied to any facet or support structure of a canopy. Canopies are comprised of a frame system that can be moveable, retractable or fixed, covered with rigid or non-rigid material, attached and projecting from a building or structure, supported by posts, legs or pillars that have direct contact with the ground. The canopy and structure do not constitute the sign face.

City manager shall mean the city manager of the City of Sheridan or his or her designee.

Construction sign shall mean a temporary sign announcing a subdivision, development, or construction, or other improvement of a property by a builder, contractor, or other person furnishing services, materials or labor to such property. A construction sign shall contain only the project name, description/type of project, developer, architect, builder, and/or consultants, lender, and opening date information.

Demised space shall mean a property or tenant space subject to lease for a period of time or transfer.

Dissolve shall mean a mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

Double-faced sign shall mean a sign with two identically sized faces placed back-to-back that are the same dimensions on both sides.

Drive through sign shall mean a ground sign that is located within ten feet of a drive through aisle oriented toward the drive aisle and scaled to be viewed by vehicular customers in the adjacent lane.

Electrical sign shall mean any sign containing electrical wiring or utilizing electric current, but not including signs illuminated by an exterior light source.

Electronic message display shall mean a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means and may consist of either a ground or wall sign for purposes of height and area limitations.

Fade shall mean a mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

Featherflag shall mean a form of temporary sign composed of flexible, durable fabric with a sturdy frame enclosing only a portion of the material's edge, generally shaped to be a feather or similar shape when affixed into the ground or other bottom support.

Fence sign shall mean any sign affixed to or painted upon a fence.

Flag banner sign shall mean a temporary, movable, vertically oriented sign composed of fabric and a vertical pole structure attached to the ground.

Flagpole sign shall mean a form of temporary, detached flag or banner sign erected and maintained on a freestanding frame or pole not permanently attached to the ground, a structure, or building and that is easily movable.

Footcandle shall mean a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot.

Frame shall mean a complete, static display screen on an electronic message display.

Frame effect shall mean a visual effect on an electronic message display applied to a single frame to attract the attention of viewers.

Freestanding work of art shall mean three-dimensional art pieces, presented in the dimensions of height, width, and depth, which occupy physical space and can be perceived from all sides and angles.

Frontage shall mean the horizontal lineal dimensions of that side of a premises which faces a street, parking area, mall or other area open to the general public.

Governmental sign shall mean any sign authorized, erected and maintained by any federal, state, county or local governmental entity, which includes, but is not limited to, signs used to, control or direct, traffic, regulate parking such as accessibility for the disabled and emergency access or to identify streets or warn of delays or dangers, or temporary signs used in conjunction with traffic control, and other signs that any federal, state, county or local governmental entity displays, requires, or licenses to be displayed upon property that said entities own or control.

Ground sign shall mean a detached sign which is supported by one or more columns, uprights, poles or braces extended from the ground, or a sign located on the ground, or a sign erected on the ground, provided that no part of the sign is attached to any part of any structure or other sign. Ground signs shall include pole, pedestal and freestanding signs and signs painted on fences or freestanding walls.

Hanging or suspended signs shall mean a wall sign suspended from the ceiling of an arcade, marquee or canopy, or from a bracket structure that is attached to the wall of a building.

Height, ground sign shall mean the vertical distance measured from the elevation of the average grade within 25 feet of the sign or of the elevation of nearest sidewalk on or adjacent to the parcel to the uppermost point of the sign or its structure (whichever is greater).

Height, wall sign shall mean the vertical distance measured from the highest point of a sign to the lowest grade beneath the sign.

Home occupation sign shall mean a sign used in residential districts for the purposes of advertising a permitted home-based business pursuant to chapter 56 of the Code.

Illuminated sign shall mean a sign lighted by or exposed to artificial lighting, either by lights on or in the sign, or directed toward the sign.

Interior sign shall mean a sign placed within a building that is not visible from the exterior of the building, the public rights-of-way, abutting property, or property located at a higher elevation than the building in which the sign is displayed.

Lawn sign shall mean a temporary sign that may be placed on residential, commercial, park or industrial property with the permission of the property owner.

Lawn sign, extra-large shall mean vinyl banners supported between stakes that are inserted directly into the ground.

Lawn sign, large shall mean a traditional colonial post (inverted "L" or hanging arm posts) or an H-frame stake sign that is inserted directly into the ground.

Lawn sign, small shall mean signs supported on a stake or wire frame that is inserted directly into the ground.

Light standard decoration shall mean a decorative, outdoor display, including mini lights, rope lights and globe lights, which are attached to a privately-owned security or parking lot light pole, that is situated wholly on private premises utilized for business purposes, and that is not maintained by an electric utility. Light standard decorations shall not include devices that contain or display any written message, pictorial representation, logo, corporate symbol, silhouette or other visual representation identifying or advertising a particular business, good, service or merchandise sold or offered for sale on the premises where the device is erected, displayed or maintained.

Logo shall mean any pictorial symbol, device or other visual representation commonly utilized by, and associated with, any commercial business or commercial service entity as a means of identifying or advertising such entity.

Maintenance shall mean the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the approved signage.

Marquee sign shall mean any sign painted, printed, attached or otherwise applied to any facet or support structure placed over the entrance to a building.

Memorial shall mean memorial or commemorative plaques or tablets cut into the masonry of a building or inlaid or permanently affixed to become part of the building.

Message board sign shall mean any sign or portion of a sign containing a sign face designed to allow the removal or replacement of individual letters, words, or symbols on the sign face for the purpose of changing an advertising message.

Monument sign shall mean a ground sign that is anchored to the ground with a monolithic base and is independent of any other structure. It does not vary more than six inches in width from the top of the sign to the width of the base that is located at the ground.

Multi-tenant ground sign shall mean a ground sign that serves as a common or collective identification for three or more businesses on the same parcel or in the same business center.

Mural shall mean a painting, illustration or decoration applied to the exterior wall of a building.

Nonconforming sign shall mean any sign which does not conform to the requirements of this article, but was lawfully erected under the requirements in force at the time it was erected.

Owner shall mean a person recorded on the deed of the real property upon which a sign is located and such person shall be presumed to be the owner of the sign.

Permanent sign shall mean a type of sign not limited as to the time it can be erected or displayed.

Pixel pitch shall mean the distance in millimeters between the center of two adjacent pixels (LED clusters) on an electronic message display.

Plaque or tablet signs shall mean wall signs that are comprised of plaques, tablets or engraved masonry inlaid or permanently affixed to the wall of a building to become a permanent part of the building.

Pole sign shall mean a ground sign which is supported by one or more columns that are no larger than 18 inches in width that extend from the ground. Poles or columns are not calculated as a part of the sign area.

Portable sign shall mean any sign designed to be moved easily and not permanently or temporarily affixed to the ground or to a structure or building. It shall include vehicular signage and signage transported on trailers, carts or electric assisted personal mobility devices excluding wheelchairs.

Projecting sign shall mean a sign, other than a flat wall, awning or canopy sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

Public property shall mean any property, real or personal, owned or controlled by a governmental entity.

Required sign shall mean a sign that is required by applicable building or electrical codes or health and safety regulations; or to comply with other laws or regulations.

Roadside memorial shall mean any memorial for the purpose of memorializing the death of a person that occurred in a vehicular accident on any street within the city, except roadside memorial shall not include a memorial installed on US-285, CO-88, or US-85, which are subject to Colorado Department of Transportation (CDOT) standards and approval.

Roof sign shall mean a wall sign that is mounted on the roof of a building, or that is wholly or partially dependent upon the building for support, and that projects above the highest point of a building with a flat roof, the eave-line of a building with a gambrel, gable, or hip roof, or the deck-line of a building with a mansard roof.

Scroll shall mean a mode of message transition on an electronic message display where the message appears to move vertically across the display surface.

Seasonal decorations shall mean decorations clearly incidental to the use of the property and commonly associated with national, state or religious holidays. Such decorations may be of any type so long as they do not advertise or identify a product, business or service and do not create a safety hazard of any kind.

Sign shall mean any name, object, device, identification, image, flag, banner, character, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land designed to attract attention to an object, product, place, activity, facility, service, event, person, institution, business or organization used as a means of identification, advertisement or announcement and which is visible from any street, right-of-way, sidewalk, park or other public property.

Sign copy shall mean the graphic content of a sign in either permanent or removable words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

Sign face shall mean the area or display surface used for the graphic message.

Signable area shall mean that portion of the building facade unbroken by doors or windows upon which a wall sign is or may be located.

Street frontage shall mean the lineal frontage, of a parcel, abutting on a private or public street.

Temporary sign shall mean a sign constructed of either rigid or non-rigid material, and physically attached to, or freestanding on, the ground or any improvement thereon, and designed or intended to be used for a limited period of time.

Transit corridor shall mean one of the following areas:

(1)

West Hampden Avenue, being that area from South Santa Fe west to South Lowell Boulevard known as U.S. Highway 285 passing through the city.

(2)

South Santa Fe Drive being that area from 150 feet north of West Hampden Avenue south to West Tufts Avenue known as U.S. Highway 85 passing through the city including the railroad right-of-way.

Transition shall mean a visual effect used on an electronic message display to change from one message to another.

Travel shall mean a mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.

Under canopy sign shall mean a sign suspended beneath a canopy, awning, ceiling, marquee, or roof overhang.

Vision triangle shall mean the triangular area adjacent to the intersection of any street or alley within which sight lines are maintained for vehicular traffic. A triangle is established by measuring a distance of 25 feet (residential) or 50 feet (commercial) of the intersection of two streets or a distance of 15 feet of the intersection of a driveway and street.

Wall sign shall mean a sign permanently attached to, painted on or erected against a wall of a building. Wall signs include, for example, awning signs, canopy signs, hanging/suspended signs, plaque or tablet signs.

Window sign shall mean any sign attached to or painted on glass surfaces, windows or doors and intended to be viewed from the exterior of the premises.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Generally. This article shall apply to, govern and control the display, construction, installation, erection, alteration, use, location, maintenance, and removal of all signs within the city that are not specifically exempt from such application, provided, that whenever both a provision of this article and any other law, statute or ordinance of any kind restrict the same subject matter, the most restrictive standard shall govern. Non-commercial speech is permitted to be substituted on any sign where commercial speech is allowed.

(b)

Permit required. No sign shall be displayed, constructed, installed, erected, or altered within the city limits until the city has issued a building permit, unless the sign qualifies as an exception to the permit requirements. No permit is required for routine sign maintenance, painting, replacing a panel in a cabinet sign (except that the installation of a new manual changeable copy message center or electronic message center does require a permit), or replacing light sources with lighting of comparable brightness.

(c)

Exemptions. This article does not apply to the following signs:

(1)

The United States flag, state flags, pennant flag strings and any flag, crest or insignia of any official governmental agency or of any civic, charitable or religious organization.

(2)

Any item of merchandise or models of products or services normally displayed in the store window of a merchant.

(3)

Scoreboards, time and temperature, or stock exchange information devices not related to any product or service.

(4)

Memorials, including roadside memorials.

(5)

Governmental signs.

(6)

Required signs.

(7)

Murals, which do not advertise or identify a business or depict a business name, symbol, trademark, or logo.

(8)

Address and identification signs which contain only the street address, property owner, or business name, business center name, or the name of the building or development, or professional title of the occupant.

(9)

Light standard decorations.

(10)

Seasonal decorations.

(11)

Freestanding works of art that do not include a commercial message.

(12)

Building architectural features and decorations that are integral to the design of a building or provide an aesthetic accent and which comply with the applicable building height limitations and which do not advertise or identify a business or depict a business name, symbol, trademark or logo.

(d)

Exceptions to permit requirement. The following signs may be displayed without a sign permit, but are not exempt from other applicable provisions of this article:

(1)

Interior signs.

(2)

Signs that are applied to or painted on a utility cabinet or pedestal, provided that:

a.

The cabinet or pedestal is in use for its principal purpose as a utility cabinet or pedestal and the sign does not interfere with such use;

b.

The cabinet or pedestal is not larger than four feet in horizontal dimension and five feet in vertical dimension; and

c.

The owner of the utility cabinet or pedestal consents to the installation of the sign.

(3)

Optional residential signs. One wall sign, affixed to a residential building on its front elevation, provided that the sign area does not exceed four square feet.

(4)

Small signs.

a.

Signs that are affixed to a building or structure, that do not exceed one square foot in sign area, provided that only one such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and

b.

Signs that are less than one square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets.

(5)

Temporary signs. Temporary signs that are in compliance with the applicable requirements for temporary signs, as set out in section 56-490 and section 56-491.

(e)

Comprehensive sign plans. Any comprehensive sign plan approved prior to the date of adoption of the ordinance from which this article was derived shall remain in effect.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Sign clearance. Sign clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

(b)

Sign height. Sign height is the vertical distance to the highest point of the sign face, measured from the elevation of the base of the sign or supportive structure at its point of attachment to the ground. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.

(c)

Sign area.

(1)

For a wall sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame, together with the area that completely encloses the limits of text and graphics of a sign.

(2)

For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, rhombus, square), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape shall not be included in the total area of a sign.

(3)

For a freestanding sign, the sign area shall include the area that completely encloses the limits of text and graphics of a sign, together with the frame, if any, but shall not include:

a.

A pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or a part of a display device.

b.

Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building, or structural forms complementing the site in general.

(4)

Multiple sign faces and three-dimensional objects. Free-standing and projecting signs may have multiple faces or contain three-dimensional objects. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. If the faces are not equal in size, then the larger sign face shall be considered when determining the sign area. When the sign has more than two display surfaces, the area of the sign shall be the area of the largest display surface or surfaces that are visible from any single direction.

(5)

Signable area. The signable area shall be calculated by selecting a continuous building elevation, then drawing the largest possible imaginary rectangle unbroken by doors or windows and computing the square foot area of this rectangle.

(d)

Building frontages and frontage lengths.

(1)

Building unit. The building unit is equivalent to the tenant space. The frontage of the tenant space on the first floor shall be the basis for determining the permissible sign area for wall signs.

(2)

Primary and secondary frontage. The frontage of any building unit shall include the elevation(s) facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance(s) to the building or building units.

a.

The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units.

b.

The secondary frontage shall include those frontages containing secondary public entrances to the building or building units, and all building walls facing a public street or primary parking area that are not designated as the primary building frontage by subsection "a" above.

(3)

Length of building frontage.

a.

The length of any primary or secondary building frontage as defined in subparagraph (2) above shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the director or planning commission as clearly unrelated to the frontage criteria.

b.

For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each such building frontage.

c.

The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Generally. The prohibitions in this section apply to temporary and permanent signs in all areas of the city.

(b)

Prohibited sign structures. The following sign structures are not allowed, whether temporary or permanent:

(1)

Portable signs, except as specifically permitted in subsection 56-485(c).

(2)

Roof signs.

(3)

Abandoned signs.

(c)

Prohibited design elements. The following elements shall not be incorporated as an element of any sign or sign structure, whether temporary or permanent:

(1)

Animated signs or signs with animated or moving parts, including any moving, swinging, rotating, or spinning parts or flashing, blinking, scintillating, fluctuating, or otherwise animated light, except electronic message displays, scoreboards, time and temperature signs, and clocks that are in compliance with this article.

(2)

Cardboard, card stock, or paper, except when laminated or used as a window sign.

(3)

Motor vehicles, unless:

a.

The vehicles are operational, and either:

1.

Automobile dealer inventory; or

2.

Regularly used as motor vehicles, with current registration, insurance and tags;

b.

The display of signage on the motor vehicle would not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk are not allowed; signs that cover windows are not allowed; and signs that would fall off of the vehicle if the vehicle were in motion are not allowed); and

c.

The motor vehicle is legally parked in a designated parking space for a period of no more than 24 consecutive hours.

(4)

Semi-trailers, shipping containers, or portable storage units, unless:

a.

The trailers, containers, or portable storage units are:

1.

Structurally sound and capable of being transported;

2.

Used for their primary purpose (e.g., storage, pick-up, or delivery); and

3.

If subject to registration, have current registration and tags; and

b.

The display of signage is incidental to the primary purpose; and

c.

The semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area or on a construction site in an area that is designated on an approved construction staging plan.

(5)

Stacked products (e.g., tires, soft drink cases, bagged soil or mulch).

(6)

Any sound or noise-making or transmitting device with such sound device used separately for advertising purposes beyond the confines of a building or building lot.

(d)

Prohibited obstructions. In no event shall a sign, whether temporary or permanent, obstruct the use of:

(1)

Building ingress or egress, including doors, egress windows, and fire escapes.

(2)

Any window, doorway or any other opening required for proper ventilation or light.

(3)

Equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters).

(4)

Any required vision triangle.

(e)

Prohibited mounts. No sign, whether temporary or permanent, shall be posted, installed, mounted on, fastened, or affixed to any of the following:

(1)

Any tree or shrub.

(2)

Any utility pole or light pole, unless:

a.

The sign is a banner or flag that is not more than ten square feet in area;

b.

The owner of the utility pole or light pole consents to its use for the display of the banner or flag;

c.

The banner or flag is mounted on brackets or a pole that extend not more than 30 inches from the utility pole or light pole; and

d.

The banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag has a sign clearance of at least eight feet.

(3)

Utility cabinets or pedestals (except signs that are applied by or with the consent of the owner of the utility cabinet or pedestal).

(4)

An exposed metal pole that is more than six feet in height, unless:

a.

The sign is located in the CI sign district; or

b.

The entire height of the exposed metal pole is covered by a decorative shroud, skirt, masonry or paint.

c.

This standard does not apply to flags that are flown from flagpoles.

(f)

Prohibited locations. In addition to applicable setback requirements and other restrictions of this article, no sign shall be located in any of the following locations:

(1)

In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails, multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that are within public rights-of-way), except:

a.

Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench; or

b.

Signs that are the subject of a revocable license agreement with the city, installed and maintained in accordance with the terms of that agreement.

(2)

Projecting wall signs shall not be located within 12 inches from building corners, cornice or eave lines, or ground planes, or within six inches of doors, windows, downspouts, or dimensional architectural details.

(3)

Wall signs shall not extend beyond the roofline of the building on which it is placed.

(4)

Projecting wall signs shall not extend into parking lots, parking spaces, drive aisles, fire lanes or loading areas.

(5)

Freestanding signs shall not be located within vision triangles.

(6)

Freestanding signs shall not be located within easements unless allowed by the easement holder.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Owner consent. A sign shall not be placed on non-residential property without the written consent of the owner or the owner's authorized representative or upon residential property without the consent of the property owner.

(b)

Electrical permits. It shall be unlawful for any person, to construct, erect, alter, enlarge, move or modify any illuminated or electrical sign or the lighting fixtures and wiring associated with illuminated or electrical signage without first obtaining an electrical permit from the State of Colorado. Proof of such permit and documentation of compliance with its terms and conditions must be submitted to the city's building department prior to approval of a building permit.

(c)

Building permit applications.

(1)

An application for a sign permit shall be filed with the city and must contain the following information, unless waived by the city manager:

a.

An elevation of the proposed sign, drawn to scale, showing the sign that is proposed to be erected and the message that it will display.

b.

The sign area, color scheme and construction materials of the sign.

c.

A plot plan showing the location of the sign on the property. If the sign is to be attached to the face of the building, the elevation shall also show the outline of the building.

d.

For sign replacements, a photo of the existing sign including its dimensions must be provided along with the sign area of the proposed replacement sign.

(2)

If, after review, the city staff finds the sign to be in conformity with all applicable provisions of the Code and any applicable official development plans, a sign permit shall be issued. If the application is denied, the city shall inform the applicant of the reason for denial.

(3)

A building permit fee shall not be required for a change of copy of any sign with an identical size panel.

(4)

A building permit shall not be required for the repainting, cleaning and the routine maintenance or repair of a sign or sign structure for which a permit has previously been issued under this article, so long as the sign's structure is not altered.

(d)

Setbacks. No part of a sign may protrude into any applicable sign setback.

(e)

Placement. All signs shall be placed in such a manner as to not interfere with the free movement of traffic, obscure the vision of motorists, bicyclists or pedestrians, or otherwise interfere with vision triangles.

(f)

Overhangs. The lowest point of a sign which extends over an area intended for pedestrian use shall not be less than seven feet above the finished grade below it, unless the sign extends not more than four inches from the wall. The lowest point of a sign which extends over an area intended for vehicular use shall not be less than 14 feet above the finished grade below it.

(g)

Visibility. Signs in residential zone districts that are not visible from a public right-of-way shall not contribute to the overall sign area allocation calculations for a property.

(h)

Responsibility. Business owners and property owners shall be jointly and severally responsible for and assume all liability for the safe installation and display of all signs and advertising devices installed pursuant to this article.

(i)

Maintenance.

(1)

Generally. Every sign and its supporting structure shall be properly maintained in good structural condition and shall be kept neatly painted at all times. All signs, sign finishes, supports and electrical work shall be kept in good repair and safe condition, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign.

(2)

Damage. Permanent signs that are damaged shall be repaired or removed within one year, unless the damage creates a material threat to public safety, in which case the chief building official may order prompt repair or removal. Temporary signs that are damaged (e.g., broken yard signs) shall be removed within 24 hours.

(j)

Safety. Should a sign, in the determination of the city's building official, become unsecured or in danger of failing, or otherwise unsafe, the city manager may give written notice of the condition of the sign and an order to correct the condition to the person owning, leasing or responsible for the sign. Said person so ordered shall correct the unsafe condition of the sign in a manner to be approved by the city's building official in conformity with the provisions of this article.

(k)

Appearance. All power units and their appurtenances shall be concealed. All wiring to freestanding signs shall be underground.

(l)

Altering or moving existing permanent signs. A permanent sign may not be moved to another location or altered absent acquisition of a new sign permit issued by the city prior to moving or altering the existing sign. Alterations of an existing sign requiring a new sign permit include without any limitation, any change in the signs' text, height, size, shape, construction material, location or lighting.

(m)

Nuisance. Signs that do not meet the standards of this section shall be deemed a nuisance in accordance with article 11 of chapter 46 of the Code.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Electronic message displays. Electronic message displays ("EMDs") may be incorporated into signs in the CI sign district (see section 56-488) and operated only as provided in this subsection.

(1)

Number, design, dimensions.

a.

EMDs shall appear to be incorporated into the face of a permanent sign that includes text or graphics that are not part of the EMD.

b.

EMCs shall not have a pixel pitch that is greater than 20 mm.

c.

Not more than 50 percent of a permitted sign may be occupied by EMDs.

(2)

Operations.

a.

The displayed message shall not change more frequently than once per ten seconds.

b.

The sign shall contain static messages only, changed only through dissolve or fade transitions that do not exceed one second, and frame effects that have text or images that appear to move or change in size, or be revealed sequentially rather than all at once.

c.

The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare.

(3)

Brightness limitations.

a.

All EMDs are required to utilize photocell, or similar dimmer or solar technology, that adjusts the brightness of the sign automatically as ambient light conditions change at all times of day and night.

b.

The brightness of EMDs, as measured by "illuminance limits" (as defined in subsection c., herein) shall not exceed 0.3 foot-candles above the ambient light level.

c.

Illuminance is the amount of additional light—measured in foot-candles, at a perpendicular distance, in front of the EMD, and based on an all-white (i.e., maximum brightness) illuminated display—compared to the ambient light level when the EMD is turned off.

d.

The permitted illuminance shall be measured by applying the following formula: Measurement Distance = Area of Sign Sq. Ft. x 100.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Generally. In recognition that the city is a place of diverse physical character, and that different areas of the city have different functional characteristics, signs shall be regulated based on sign district in which they are located.

(b)

Sign districts created. The following sign districts are created: commercial/industrial (CI), multifamily residential (RM), single-family residential (RS). Sign districts shall correspond to the zoning districts in which the sign is located, as provided in Table 56-488, sign districts.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Wall signs. Wall signs are allowed according to the standards in Table 56-489A, wall signs. The location of wall signs on a building is restricted by subsection 56-485(f).

(b)

Window signs. Window signs displayed for more than 30 days shall be considered permanent signs requiring a permit, and are allowed according to the standards in Table 56-489B, window signs.

(c)

Ground signs. Ground signs are allowed according to the standards in Table 56-489C, ground signs. All ground signs are also subject to the following requirements and limitations:

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Generally. The standards of this section 56-490 apply to temporary signs that are attached to buildings. Temporary signs that are not attached to buildings are subject to the standards of section 56-491. The standards of this section are applied in conjunction with all other applicable standards of this article.

(b)

Attached banners. Banners may be installed on building walls or railings as provided in Table 56-490A, attached banners. All attached banners are also subject to the following requirements and limitations:

(1)

Attached banners must be fastened to the building in a manner that obscures the fasteners and ties.

(2)

Banner frames that are permitted pursuant to Table 56-490A, are subject to the following limitations:

a.

Banner frames must be designed to visually blend into the surface upon which they are mounted (for example, a banner frame mounted on a building wall should be the same color as the wall, and a banner frame mounted on a building railing should appear to be integrated into the railing).

b.

Banners that are installed in banner frames shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame.

(3)

Attached banners are not allowed if:

a.

One or more detached banners are present on the property; or

b.

An electronic message display larger than six square feet is present on the property.

(4)

Attached unframed banners are not allowed if:

a.

One or more feather flags are present on the property; or

b.

One or more banner frames are present on the same building elevation.

(c)

Window signs.

(1)

Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the standards of Table 56-489B are met as to the combination of temporary and permanent window signs.

(2)

Temporary window signs shall be affixed to the window such that the fastener (e.g., tape) is not highly visible, or shall be mounted vertically inside of the building for viewing through the window.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Generally. The standards of this section 56-491 apply to temporary signs that are not attached to buildings. The standards of this section are applied in conjunction with all other applicable standards of this article.

(b)

Detached temporary signs. Detached temporary signs are allowed according to the standards in Table 56-491A, detached temporary signs.

(Ord. No. 6-2021, § 2, 9-13-2021)

The planning commission may permit the utilization of comprehensive sign plans for consideration of unique conditions, flexibility and creativity, subject to the following requirements:

(a)

Submittal requirements. Applicants must submit a detailed sign plan with attached written stipulations to the planning commission for review and approval. Such stipulations shall consider all appropriate concerns including, but not limited to, the following items: location, size, height, color, lighting, orientation, construction materials, and criteria for determining the degree of variation that is to be considered "substantial."

(b)

No minimum or maximum standards are established for the comprehensive sign plans, but each plan must contain such limitations within the plan stipulations. The sign plan shall be reviewed in terms of its impact on surrounding land uses and its compatibility with the purposes of this sign ordinance and with other city planning and zoning programs. The planning commission shall only approve sign plans when it makes a determination that the creativity and flexibility demonstrated in the sign plan better advances the public interests of the community and the purposes of these regulations than strict compliance with the standard regulations of this article.

(c)

All owners of real properties affected by provisions of the comprehensive sign plans must be signatories to such plans; provided, however, that if the multiple building complex or any part thereof, is governed by a management agreement, the duly constituted representative of the management association or firm may be authorized by the owner as a signatory to such plans. It is unnecessary for owners or lessees to sign if said representative has signed on their behalf.

(d)

Once authorized by the planning commission, a comprehensive sign plan may be modified through the following procedure:

(1)

The zoning administrator is authorized to determine whether a modification of, or a release from, a provision of the sign plan would constitute a substantial variation from the plan originally approved by the planning commission.

(2)

If the zoning administrator determines that the modification or release is not substantial, the zoning administrator may grant such a modification. A written summary of such determination shall be placed in the file for the comprehensive sign plan.

(3)

If the zoning administrator determines that the requested change is substantial, the proposed change and all relevant material shall be submitted to the planning commission.

(4)

A modification to the approved sign plan may be approved only if the following criteria are met:

a.

The proposed change will not adversely affect the development and preservation of the entire sign plan;

b.

The change will not adversely affect surrounding land uses;

c.

The change will not conflict with the purposes of this sign ordinance; and

d.

The change is not granted solely to confer a special benefit upon any party.

(5)

Nothing in these provisions shall be construed to deny the planning commission power to require any modification of, or release from, any provision of the comprehensive sign plan so that the plan conforms to other city ordinances.

(Ord. No. 6-2021, § 2, 9-13-2021)

(a)

Any existing sign which has previously been granted a variance shall be considered conforming for the purpose of the ordinance from which this article was derived.

(b)

Subject to the termination provisions below, use of a nonconforming sign that did conform to the Sheridan Zoning Code or regulations at the time that the sign was originally installed or constructed, (a "legal, nonconforming sign") may be continued. All legal, nonconforming signs shall be maintained in good condition, and shall not be:

(1)

Changed to another nonconforming sign;

(2)

Structurally altered;

(3)

Altered so as to increase the degree of nonconformity of the sign;

(4)

Expanded;

(5)

Reestablished after discontinuance for 90 consecutive days of the use to which the sign pertained;

(6)

Continued after a change of the use or activity to which the sign pertains; or

(7)

Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the cost of replacement.

(c)

Termination of legal, nonconforming signs.

(1)

The purpose of amortization is not only to provide a reasonable grace period during which the owner is permitted to continue a legal, nonconforming sign, and to recover its economic investment, but also to assure that the district in which the nonconforming sign exists will eventually benefit from a substantial uniformity of permanent and conforming signs.

(2)

A nonconforming sign shall be removed and brought into compliance with this article upon verification that any of the following conditions have been met:

a.

The use to which such non-conforming sign refers has been abandoned for a continuous period of 180 days;

b.

Such sign is damaged or destroyed, and the cost to repair, restore or replace the sign exceeds 50 percent of the cost of a new sign; or

c.

The regulation or amendment to these regulations that made the sign nonconforming has been in effect for ten years or more.

(d)

Extension of time to comply. The time for a sign to be brought into compliance with the requirements of this article may be extended at the request of the sign owner or lessee. In evaluating the extension of time for a nonconforming sign, the city shall consider the following factors to determine whether the owner of the sign has had a reasonable amount of time to recoup the initial investment:

(1)

The value of the sign at the time of construction and the length of time the sign has been in place;

(2)

The life expectancy of the physical structure and its salvage value, if any;

(3)

The amount of depreciation and/or amortization of the sign already claimed for tax or accounting purposes;

(4)

The length of the current tenant lease or expected occupancy compared to the date the sign is to be brought into compliance;

(5)

The extent to which the sign is not in compliance with this article;

(6)

The degree to which the city determines that the sign is consistent with this article and its purposes; and

(7)

Whether the sign has historical or landmark significance and should, therefore, be exempt from amortization.

(Ord. No. 6-2021, § 2, 9-13-2021)