Whitney City Zoning Code
§ 14.02.027
Sign regulations.
(a)
Purpose.
The purpose is to allow adequate opportunity for free speech in the form of a message or images displayed on signs, while balancing that interest against public safety and aesthetic concerns impacted by signs.
(b)
Compliance required.
It shall be unlawful to install, erect, change the use of or maintain any sign, or contract for such service within the city, except in compliance with the provisions of this section and any other applicable city regulations. This section shall be enforced by the administrator.
(c)
Definitions.
The following definitions shall be applicable to this section:
Apartment sign.
An accessory sign relating to an apartment building or complex of apartment buildings located on the premises.
Billboard.
A sign that displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message that is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the premises where the sign is located. A sign that changes its message or copy by programmable electronic or mechanical processes is not a billboard for purposes of this section.
Business sign.
An accessory sign relating to the business located on the premises.
City of Whitney.
For the purpose of this section, the City of Whitney shall be defined as the total and complete area of land situated within the corporate city limits of said city including the adjoining extraterritorial jurisdiction of the city.
Construction sign.
A temporary accessory sign related to the design, construction, financing, or improvement of the premises on which the sign is located.
Development sign.
A temporary accessory sign related new developments and located on the premises involved in the development.
Electronic sign.
A sign affixed to a permanent sign that changes its message or copy by programmable electronic or mechanical processes.
Institutional sign.
An accessory sign related to the school, church, hospital or similar public or quasi-public institution located on the premises.
Kiosk sign.
A sign intended to minimize the negative impacts of temporary signs on the appearance of the city. Kiosk signs are intended to provide a service to the public by giving directions to municipal facilities and parks, community events and school district facilities. Herein, kiosk signs are regulated separate and apart from development signs.
Name plate.
An accessory sign relating to the name and address of the owner or occupant of the premises on which it is erected or placed.
Noncomplying sign.
Any sign that is placed, located or erected in any property or structure in the City of Whitney after the effective date of this section which does not comply with the requirements of this section.
Nonconforming sign.
Any sign that is lawfully located at the time of the effective date of this section and which does not conform to the requirements of this section.
Permanent sign.
A sign that is not a temporary sign.
Real estate sign.
A temporary accessory sign pertaining to the sale, rental, or lease of the property on which the sign is placed.
Sign.
Any object, device, display or structure, or part thereof situated outdoors, which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, service, event or location, by means, including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected images.
Temporary sign.
An accessory sign constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, wood, or other light material, with or without frames, which is not intended for or suitable for long-term or permanent display due to materials used.
(d)
General sign restrictions and permitted districts.
The zoning districts in which various types of signs are permitted along with their general restrictions are as indicated in the following schedule:
Type of Sign | Max Sign Area (sq. ft.) | Zoning District Permitted | Spacing Required | Setback Required (ft.)* | Permit Required |
|---|---|---|---|---|---|
Name plate | 20 | B-1, B-2, B-3, I-1, I-2 | None | 5 | No |
Institutional sign | 16 | All residential | None | 5 | Yes |
Institutional sign | 50 | B-1, B-2, B-3, I-1, I-2 | None | 5 | Yes |
Apartment sign | 50 | All | 1 per street frontage | 5 | Yes |
Business sign | 100 | B-1, B-2, B-3, I-1, I-2 | 1 per business | 5 | Yes |
Agriculture sign | 100 | A District | 1 per farm | 5 | Yes |
Temporary sign | 18, except as provided in subsection (e) | All | 1 per street frontage | 5 | No |
Real estate sign | 18 | All | Per lot, 1 per 200' street frontage | 5 | No |
Construction sign | 60 | All | 1 per project or 1 per each 50 acres | 5 | No |
Development sign | 200 | All | 1 per project or 1 per each 50 acres | 5 | No |
Kiosk sign | (See appendix A of agreement) | (Up to staff recommendation/city administrator, but "all" is okay) | As approved by city administrator | 5 | Yes |
Billboard | 672 | I-1, I-2 | 500' from another billboard | Equal to height of sign | Yes by city council |
Electronic sign | 50 | B-1, B-2, I-1, and I-2 | 1 per business | 5 | Yes |
(e)
Temporary signs.
(1)
Election signs shall not be erected prior to sixty (60) days of the election and said signs must be removed within ten (10) days after the competition of the election, including any run-off election. Said signs may not be larger than thirty-two (32) square feet in area. No election sign may be placed, erected, or allowed to remain upon any portion of the public right-of-way of the city.
(f)
Special provisions.
The following special provisions, in addition to any other provisions contained in this section, shall apply to the various types of signs:
(1)
No sign shall be constructed to exceed the maximum building height permitted in the specific class of zoning use district where the sign is located. In no event shall any sign or any supporting structure to which said sign is affixed exceed a height of sixty feet (60').
(2)
No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal.
(3)
Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceed sixty percent (60%) of its replacement value shall be removed by the sign owner.
(4)
No person shall construct a billboard unless a billboard permit is issued by the city council. No billboard sign structure shall contain more than one (1) sign panel facing in the same direction nor more than two (2) sign panels per structure.
(5)
No sign, except a kiosk sign, as regulated and approved by the city, may be erected so as to project into the public right-of-way of any street or alley.
(6)
Development signs will be removed by the developer after completion of the development of eighty-five percent (85%) of the project advertised.
(7)
Electronic signs shall comply with the following:
(A)
Display.
(i)
All electronic signs must automatically adjust the sign brightness so that the brightness level of the sign is no more than 0.3 footcandles over ambient light conditions at a distance that is equal to the square root of the effective area of the sign multiplied by 100 from the sign. A digital display sign must be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions.
(ii)
An electronic sign may not increase the light level on a lot in a residential district over ambient conditions without the digital display, measured in footcandles at the point closest to the sign that is five feet inside the residential lot and five feet above the ground.
(iii)
Before the issuance of a sign permit for an electronic sign, the applicant shall provide written certification from the sign manufacturer that:
a.
The light intensity has been factory programmed to comply with the minimum brightness and dimming standards in this subsection; and
b.
The light intensity is protected from end-user manipulation.
(B)
Change of message.
(i)
Each message must be displayed for a minimum of 20 seconds.
(ii)
Changes of message must be accomplished within two seconds.
(iii)
Changes of message must occur simultaneously on the entire sign face.
(iv)
No flashing, dimming, or brightening of message is permitted except to accommodate changes of message.
(C)
Enforcement.
If the building official or chief of police finds that an electronic sign unreasonably impairs or interferes with the vision of the driver of a motor vehicle or otherwise unreasonably interferes with the operation of a motor vehicle so that such official determines that it is a threat to public safety, the owner of the sign, within 12 hours of written request by the city official, shall reduce the intensity of the sign to a level in compliance with this section.
(g)
Prohibited signs.
A sign that is not specifically permitted in this section is prohibited.
(h)
Design.
All signs shall be designed and constructed to wind pressures as prescribed in the city's building code.
(i)
Obstructing traffic visibility at corners.
On any corner lot on which front and side yards are required, no obstruction greater than one foot (1') in diameter or width is permitted vertically between three and one-half (3-1/2) feet and ten feet (10') above the curb grade in a triangle formed by legs of forty feet (40') extending horizontally in each direction from the property corner.
(j)
Maintenance.
All signs and advertising structures shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rest resistible material, and shall be maintained in good condition of appearance. If, upon inspection by the building official, a sign is not found to conform to the above, written notice shall be given to the owner giving the owner thirty (30) days to either put the sign in acceptable condition or remove the sign.
(k)
Noncommercial message substitution.
The owner of any sign allowed and lawfully displayed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech, with no permit or other approval required from the city solely for the substitution of copy.
(l)
Removing obsolete signs.
All signs relating to a product no longer available for purchase by the public and all signs relating to a business which is closed or has moved away shall be removed or the advertising copy shall be removed, and painted wall signs shall be painted over with a color that resembles or matches the wall. If the owner of, or person responsible for the sign, or if the tenant closing the business fails to remove or paint over the sign, the owner of the premises shall be responsible and the work shall be done within thirty (30) days following the date of obsolescence.
(m)
Permit required.
Application for a sign permit shall be submitted to the administrator on such forms as may be required by the city. The administrator shall be reviewed by such departments as the administrator may direct. The application shall include the name and contact information of the applicant, a drawing indicating the size and location of the sign on the property, specifications, materials, method of construction and attachment to the buildings or placement method in the ground, other information as the administrator shall require to show compliance with all other ordinances of the city, and the permit fee that is set forth in the comprehensive fee schedule. The applicant for a billboard permit, including application fee, shall be forwarded to the city council for action.
(n)
Variances.
When it appears that the provisions of this section would work a manifest injustice or an unnecessary hardship, a person may appeal to the city council for a variance from the provisions of this section. Such variances may be granted subject to expiration at the discretion of the city council.
(o)
Kiosk signs.
(1)
The city may, by duly executed license agreement, grant the right, exclusive or nonexclusive, to design, erect and maintain kiosk signs within the city limits.
(2)
Kiosk signs shall be designed and constructed in accordance with the specifications contained in the aforementioned license agreement, or as otherwise approved by the city.
(3)
Prior to erecting any kiosk sign, the licensee shall submit a sign location map to the administrator, or his or her designee, for approval.
(4)
Kiosk sign installations shall include break-away design features as required for traffic signs in the street right-of-way.
(5)
No additional or extraneous signs, pennants, flags or other devices for visual attention or other appurtenances may be attached to kiosk signs.
(6)
Kiosk signs may not be illuminated.
(7)
Individual sign panels on kiosk signs shall have a uniform design and color.
(8)
Kiosk signs may not interfere with the use of sidewalks, walkways, bike and hiking trails; may not obstruct the visibility of motorists, pedestrians or traffic-control signs; may not be installed in the immediate vicinity of street intersections; and shall comply with the 25-foot visibility triangle or other visibility easements.
(9)
Kiosk sign licensees shall reserve a percentage, to be agreed upon by the city and the licensee, of kiosk sign panels for the city to use as directional signage to municipal or community facilities, locations of community events, or other municipal use.
(10)
Kiosk signs may be used by private businesses in possession of a current city-issued certificate of occupancy, on a first come first serve basis, pursuant to the current terms and conditions applicable to homebuilders. Businesses may be permitted a maximum of one panel, per side, per kiosk.
(11)
Licensee(s) shall be responsible for all construction, installation, maintenance and repair of the kiosk signs at no cost to the city.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)