The purpose and scope of this chapter is to regulate all exterior signs so as to protect property values, to protect the character of various areas of the City, and to protect the health, safety and public welfare of the citizens. This chapter is not intended to regulate official traffic or government signs; window displays; product dispensers; scoreboards on athletic fields; flags of any nation, government, or noncommercial organizations; gravestones; religious symbols; commemorative plaques; or any display or construction not defined as a sign.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

Abandoned Sign: A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.

Administrator: The Public Works Director or his designated representative.

Area: See "Sign, Area of."

Awning: A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework.

Awning Sign: A sign painted on, printed on, or attached flat against the surface of an awning.

Banner Sign: A sign made of fabric or any nonrigid material with no enclosing framework.

Billboard: Is an off-premise sign whose outdoor sign structure is greater than 72 square feet in size and advertises a business, commodity, good, service, entertainment or attraction, which is not sold, produced, manufactured, or furnished on the premises where the billboard is located, or which contains a political or ideological or noncommercial message. (Billboards are customarily located on lots not containing a building.) Such structure is usually a freestanding sign and may be double-faced or V-type, provided the angle of the V shall not exceed 45 degrees and the maximum size of the sign structure shall not exceed 320 square feet.

Changeable Copy Sign (Automatic): A sign on which the copy changes automatically on a lamp- bank or through mechanical means, e.g., electrical or electronic time and temperature units.

Changeable Copy Sign (Manual): A sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.

City: Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Sterling.

Clearance (of a Sign): The smallest vertical distance between the grade of the closest adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Construction Sign: A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

Copy: The wording on a sign surface in either permanent or removeable letter form.

Directional/Information Sign: An on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs.

Electronic Message Center: See "Changeable Copy Sign, Automatic."

Face of Sign: The area of a sign on which the copy is placed.

Flat Wall Sign: A sign attached parallel to and extending not more than six (6) inches from the wall of a building. This definition includes painted wall, individual letter, and cabinet signs, and signs on a mansard.

Freestanding Sign: A sign supported upon the ground by poles or braces and not attached to any building.

Government Sign: Any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service property or facility.

Height (of a Sign): The vertical distance measured from the highest point of the sign, including decorative embellishments, to the grade of any adjacent street, road, or highway to any lot or subdivision.

Identification Sign: A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

Illuminated Sign: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Incidental Sign: A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.

Legal Nonconforming Sign: A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.

Maintenance: For the purposes of this Ordinance, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Mansard: A sloped roof or roof-like facade architecturally comparable to a building wall.

Marquee: A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building.

Marquee Sign: Any sign attached to or supported by a marquee structure.

Multi-Faced Sign: A sign with more than one face.

Nameplate: A nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

Off-Premise Sign: A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g. "billboards" or "outdoor advertising."

On-Premise Sign: A sign which pertains to the use of the premises on which it is located.

Owner: A person recorded as such on official records. For the purposes of this Ordinance, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a sign company.

Painted Wall Sign: Any sign which is applied with paint or similar substance on the face of a wall. (See also: "Flat Wall Sign").

Person: For the purposes of this Ordinance, any individual corporation, association, firm, partnership, or similarly defined interest.

Point of Purchase Display: Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.

Political Sign: For the purposes of this Ordinance, a temporary sign used in connection with a local, state, or national election or referendum.

Portable Sign: Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

Premises: A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Projecting Wall Sign: A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

Real Estate Sign: A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Roofline: The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Roof Sign: Any sign erected over any roofline, or on the roof of a building to which it is attached.

Sign: Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.

Sign, Area of: The area of a sign is the entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space of a similar nature, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Further, where a sign consists only of individual letters, numerals, symbols, or other similar components and is painted on or attached flat against the wall of a building, and where such individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the sum of the areas of the squares or rectangles surrounding each individual sign component.

Snipe Sign: A temporary sign or poster affixed to a tree, fence, etc.

Subdivision Identification Sign: A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

Temporary Sign: A sign not constructed or intended for longer than one (1) month per year.

Under-Canopy Sign: A sign suspended beneath a canopy, ceiling, roof, or marquee.

Window Sign: A sign installed or painted on a window and intended to be viewed from the outside.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92; Ord. No. 41-1997, 8-26-97, eff. 9-5-97; Ord. No. 6-2007, 3-13-07, eff. 3-23-07)

Unless otherwise provided by this chapter, all signs shall require permits and payment of fees. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

An application for a sign permit, as described in Section 1003 of this chapter, shall be made upon forms provided by the Department of Public Works. Required information shall include an accurate drawing showing all property lines, sidewalks, streets, alleys, easements and improvements. The drawing should also include a sketch of the proposed sign and a description of the materials to be used. No application shall be approved unless each structure is properly designed in compliance with the currently adopted Uniform Building Code. The application permit fee shall be determined by City Council. A fee schedule may be found in the Public Works Department.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the City of Sterling except in accordance with the provisions of this ordinance.

1005.1. Signs Prohibited: The following types of signs are prohibited in all districts:

A.

Abandoned signs that are a blight or nuisance;

B.

Signs imitating or resembling official traffic or government signs or signals;

C.

Snipe signs attached to trees, telephone poles, street lights, or placed on any public property or public right-of-way;

D.

Signs placed on vehicles or semi-trailers which are parked or located for the primary purpose of advertising a service or product other than said vehicle or semi-trailer.

1005.2. Unregulated Signs: The provisions of this ordinance shall not apply to the following:

1.

Construction signs of 32 square feet or less.

2.

Directional/informational signs of 5 square feet or less.

3.

Nameplates and identification signs of 3 square feet or less.

4.

Political signs.

5.

Public signs or notices, or any sign relating to an emergency.

6.

Real estate signs of 16 square feet or less.

7.

Window signs.

8.

Incidental signs.

9.

Point of purchase display signs.

10.

Subdivision identification signs of 32 square feet or less.

11.

Any sign which is located completely within an enclosed building and which is not visible from outside the building, and any sign which is so located that it is not visible beyond the boundaries of the lot or parcel on which it is located or from any public thoroughfare.

12.

Any grave marker, headstone, memorial statue, or other similar remembrances that are noncommercial in nature.

13.

Names and addresses on postal boxes.

14.

Residential address numbers.

15.

Names of newspapers and similar publications on their delivery boxes.

16.

The posting of privately owned land and/or buildings or structures against trespass, hunting, fishing, swimming or any other activity, and/or the warning of any person against any danger, hazard or condition pertaining to such land and/or buildings and structures.

17.

Cornerstones, memorial tablets, and similar markers made of masonry, bronze and other incombustible and durable material and used to indicate, without advertising matter, information relating to the development of the facility on which they are located such as those involved in planning, financing and construction of buildings.

18.

Historical signs and markers designating places of historical significance.

19.

City entry identification signs designating entry points to the City of Sterling.

20.

City park identification signs designating City parks and recreation areas.

21.

Flags, pennants or insignia of nations or an organization of nations, states or cities, except when such flags are used in connection with a commercial promotion or as an advertising device.

22.

Window displays incorporating placards, pennants, merchandise, pictures or models of products or services.

23.

Works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display.

24.

Temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations or special events.

25.

Traffic and other official signs of any public or governmental agency.

26.

Signs over gas pumps which indicate gas prices, provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face.

27.

Bus benches and/or shelters within any City rights-of-way displaying advertisements pursuant to an agreement between the City and the owner, provided that such agreement regulates the size, content, placement, design and materials used for construction of said bus bench and/or shelter sign.

28.

Bus benches and/or shelters on private property displaying advertisements, upon approval of the Board of Adjustment.

1005.3. Line of Sign Clearance Area: Any sign proposed in a line of sight clearance area of a lot shall have the sign height less than three feet (3′) or its sign clearance at least seven feet (7′). Line of sight clearance area is defined as the triangular area formed by: (1) the lines extending from any corner of a corner lot adjacent to two intersecting streets to a distance of forty feet (40′) along both property lines from the corner (constituting two sides); and (2) the diagonal connecting such lines (constituting the third side).

1005.4. Sign Clearance: All signs proposed to overhang any public sidewalk shall have a clearance of at least seven feet (7′) except for projecting signs which shall have a clearance of at least nine feet (9′).

1005.5. Changeable Copy: Any sign herein allowed may use manual or automatic changeable copy.

1005.6. Sign Contractor's License: No person or group of persons may engage in the business of erecting, altering, relocating, constructing, or maintaining signs requiring a permit under this Chapter without a valid contractor's license and all required state and federal licenses.

1005.7. Indemnification: All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to save and hold harmless and indemnify the City, its officers, agents, and employees, against any and all claims of negligence resulting from such work.

1005.8. Restrictions on Size and Location: Billboards shall be limited to a maximum size of 320 square feet and a maximum height of 30 feet, and shall have a minimum setback from the property line of 35 feet, and no billboard shall be erected or constructed within a 100-foot radius of an existing billboard. No billboard shall be erected within 200 feet of an adjoining residential district if designed to face into such district. Billboards, which convey or express political or ideological or noncommercial messages, shall be exempt from the 100-foot radius requirement.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92; Ord. No. 1-1995, 2-28-95, eff. 3-10-95; Ord. No. 42-1997, 8-26-97, eff. 9-5-97)

The sign requirements for various types of signs for each zoning district are given in Table 10.1 [following this chapter]. All requirements apply to each individual use of that property. For instance, for two uses of a property, the number of signs allowed doubles.

1006.1. Residential Districts: In R1, R2, R3, and MH districts, signs are allowed as an accessory use to legal nonresidential uses only, such as churches, hospitals, schools, legal nonconforming uses, and signs described in Section 1005.2 of this chapter.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

1007.1. Compliance with Building Code: All signs shall be constructed in accordance with the requirements of the currently adopted Uniform Building Code and all applicable state or federal codes.

1007.2. Anchoring: No sign shall be suspended by nonrigid attachments that will allow the sign to swing in a wind, and all freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.

1007.3. Wind Loads: Solid signs, other than flat wall signs, shall be designed to withstand a wind load of thirty-five (35) pounds per square foot on any face, up to a sign height of thirty-five feet (35′), and forty (40) pounds per square foot for signs in excess of thirty-five feet (35′) in height.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

1008.1. Inspection Authority: All signs for which a permit is required shall be subject to inspection by the administrator or designee.

1008.2. Reinspection Authority: All signs may be reinspected at the discretion of the administrator or designee.

1008.3. Maintenance Required: All signs shall be maintained in such a manner so as not to be distracting, unattractive or a public nuisance, and shall be kept in good repair and effectively serve the purpose for which they are intended.

1008.4 Noncomplying Signs, Notice of Violation: Notice of violation shall be given by the administrator to the owner of the real property on which the sign is or is to be located and, if it has been brought to the attention of the administrator that the owner and/or user of the sign is different than the owner of the real property, notice of violation shall also be given to the owner and/or user of the sign. Such notice shall state specifically the sign to be removed or brought into compliance, with details of action to be taken to bring into compliance in accordance with this chapter. Removal or compliance shall be completed within the time frame specified in the notice, which time frame shall be determined by the administrator, based upon the size of the sign, the complexity of compliance and other factors, as determined by the administrator in setting the time frame for removal or compliance.

1008.5. Noncomplying Signs, Failure to Comply with Notice: Failure to remove or bring the sign(s) into compliance in accordance with notice given according to Section 1008.4 above shall be in violation of this Chapter and subject to the penalties of Section 1-15 of the City Code effective as of the date of final denial by the Board of Adjustment or thirty (30) days, whichever period of time is longer. Such an order is appealable to the Board of Adjustment as outlined in Section 1008.6.

1008.6. Appeals: A denial of a permit under this Chapter or an order issued under this Chapter may be appealed to the Board of Adjustment. Such an appeal shall be in writing and received by the administrator within fifteen (15) days of said denial or order, and be accompanied by a fee as determined by City Council. Fee schedules may be found in the Public Works Department.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92)

1009.1. Conditions for Variances: When considering granting a variance from these sign regulations, the Board of Adjustment shall take into consideration the following conditions:

A.

The existence of special circumstances or conditions, such as buildings, topography, vegetation, sign structure or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided that such special circumstances or conditions must be peculiar to the specific business or enterprise to which the applicant desires to draw attention and not peculiar generally to all businesses or enterprises.

B.

The variance, if granted, would be in general harmony with the purposes of this Sign Chapter and specifically would not be injurious to the neighborhood in which the business or enterprise is located and to which business or enterprise the applicant desires to draw attention is located.

C.

The variance is the minimum necessary.

1009.2. Public Hearing Required: Upon receipt of request and payment of fees, the Board of Adjustment shall publish a notice of public hearing and mail written notices, pursuant to Section 112 of this Zoning Ordinance of Sterling.

1009.3. Grant of Variance: The Board of Adjustment may grant a variance subject to any conditions which it deems necessary or desirable to make the device which is permitted by the variance compatible with the purpose of this Sign Chapter and shall mail notice of the action of the Board of Adjustment to the applicant or appellant within seven (7) days of the hearing.

(Ord. No. 18-1992, 6-9-92, eff. 6-22-92; Ord. No. 13-1993, 9-28-93, eff. 10-8-93)

TABLE 10.1

(*1)—1/St = One sign per street front allowed.

(*2)—2/lf = 2 square feet per linear foot of structure frontage.

(*3)—TOW = Top of wall.

(*4)—PL = Property line.

(*5)—Regulations according to posted speed limit of street or highway adjacent to sign.

(*6)—See Section 1006.1 for other restrictions.

Note: Signs on corner lots must also comply with Section 1005.3.

(Ord. No. 13-2002, 3-12-02, eff. 3-22-02)