(1)

It is the purpose of this article to promote the public health, safety, and general welfare through reasonable, consistent, and non-discriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety. This article establishes sign regulations, including provisions to control the type, design, size, location, and maintenance of signs, to achieve the following purposes:

(a)

To enable the public to locate goods, services, and facilities without difficulty or confusion;

(b)

To protect property values, public investment, and overall neighborhood character by preventing conditions that have undesirable impacts on surrounding properties;

(c)

To promote the development of attractive and harmonious residential districts, viable retail and commercial districts, and appropriately identify industrial uses;

(d)

To ensure signs are designed and located to reduce distraction and confusion that may be contributing factors to traffic congestion or accidents and maintain a safe and orderly pedestrian and vehicular environment; and

(e)

To enable the fair and consistent enforcement of these sign regulations and to provide standards regarding the non-communicative aspects of signs.

(Ord. No. 2271, § 1, 10-15-2020)

(1)

It shall be unlawful for any person to erect, move, alter, change, repair, place, suspend or cause or permit to be erected, moved, altered, changed, repaired, placed, suspended or attached any sign in violation of this zoning ordinance and this article.

(2)

The regulations contained in this article shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.

(3)

This article is not meant to repeal or interfere with enforcement of other sections of the City of York Code of Ordinances. In cases of conflicts between local, state, or federal regulations, the more restrictive regulations shall apply.

(Ord. No. 2271, § 1, 10-15-2020)

The following are not regulated by this zoning ordinance and do not require a permit, so long as they meet the applicable standards described below:

(1)

Addresses of buildings are not considered signs and are not regulated by this article.

(2)

Permanent attached signs located on residential property under four (4) square feet in size, not including portable signs.

(3)

Integral signs carved, extruded, or embedded into the subject building or made of a permanent material as an integral part of the building to which they are attached are allowed in all zoning districts. Such signs may not exceed four square feet in area.

(4)

Signs not readable from the public right-of-way.

(a)

Signs or displays located entirely inside of a building and not visible from the building's exterior;

(b)

Signs intended to be readable from within a parking area but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and

(c)

Signs located on or within City park and recreation facilities.

(5)

Governmental signs. Any sign, posting, notice, or similar signs placed, installed or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited to, the following:

(a)

Emergency and warning signs necessary for public safety or civil defense;

(b)

Traffic signs erected and maintained by an authorized public agency;

(c)

Signs required to be displayed by law;

(d)

Signs directing the public to points of interest; and

(e)

Signs showing the location of public facilities.

(Ord. No. 2271, § 1, 10-15-2020)

The following sign types and elements are not allowed anywhere in the city because of their potential to create distractions to the traveling public and create visual clutter that impacts the natural and architectural aesthetics of the city:

(1)

Abandoned signs.

(2)

Animated signs.

(3)

Intermittent signs.

(4)

Moving signs. No sign shall be permitted any part of which moves by any mechanical means.

(5)

Signs emitting sound, smoke, or odors.

(6)

Signs attached or painted on trees, rocks, fences, or natural features.

(7)

Signs in the right-of-way except for those placed by a public entity, approved banners on utility or light poles, projecting signs as allowed in this section, or other signs approved by the city.

(8)

Signs or sign support structures that obstruct means of egress, including any fire escape, window, door opening, stairway, opening, exit, walkway, utility access or Fire Department connection.

(9)

Signs that interfere with any required opening for ventilation.

(10)

Signs or sign structures which resemble, imitate, simulate, or conflict with traffic control signs or devices included in the Manual of Uniform Traffic Control Devices, which otherwise mislead or confuse persons traveling on public streets, which create a traffic hazard.

(11)

Signs not expressly allowed by this article.

(12)

Prohibited content. The narrow classifications of content that are prohibited by this item are either not protected by the United States or Nebraska Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each paragraph of this Item be individually severable if a court of competent jurisdiction is to hold one or more of them to be inconsistent with the United States or Nebraska Constitutions. The following content is prohibited without reference to the viewpoint of the individual speaker:

(a)

Text or graphics of an indecent or immoral nature and harmful to minors;

(b)

Text or graphics that advertise unlawful activity;

(c)

Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or

(d)

Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).

(Ord. No. 2271, § 1, 10-15-2020)

For regulating signs as described in this article the following shall apply:

(1)

Sign area. Computation of sign area shall include the combination of the writing, emblem, illustrations or other display, together with any background material or color forming an integral part of the display, but not including the supporting framework. On a multi-face sign the area is computed only from one face. Where the frame or cabinet is not in the shape of a rectangle, square, triangle or circle, the sign face area shall be determined by calculating the area of an imaginary rectangle drawn around the frame or cabinet.

(2)

Height. Height shall be measured from average ground level exclusive of any filling, berming, mounding, or excavating solely for locating the sign, to the highest point of the sign or support structure, whichever is taller.

(3)

Projection. Any building sign extending more than six (6) inches from the wall to which it is attached shall allow a minimum of ten (10) feet of clearance from the average ground level, as measured above under "height."

(4)

Setback. The setback of a sign is measured from the property line to the line projected to the ground plane of the nearest portion of the sign.

(Ord. No. 2271, § 1, 10-15-2020)

The guidelines set out in this section address issues related to sign compatibility, legibility, placement, color, and illumination. They are intended to complement the standards of this article and to guide quality visual environments.

(1)

Illumination of signs. Lighted signs facing and on property adjacent to or across a street or alley from a residential district shall not be backlit and shall be no closer than one hundred and fifty (150) feet from the nearest residential district boundary. Illuminated signs shall follow the following standards:

(a)

The light source, whether internal or external, should be shielded from view.

(b)

Ground-mounted external flood lighting must be shielded and properly placed and directed to avoid direct visibility of the directed light to passing motorists.

(c)

No sign lighted by any type of indirect lighting shall have any such lighting which exceeds one thousand six hundred (1,600) milliamps rated capacity.

(d)

Signs shall not exceed three-tenths (0.3) footcandles over ambient light conditions.

(e)

All signs that are directly illuminated shall include a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the footcandle requirement.

(2)

Sign electrical raceways and conduits. Electrical transformer boxes and raceways should be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway should be finished to match the background wall or integrated into the overall sign design.

(3)

Wall signs (flat sign).

(a)

A wall sign shall not extend more than eighteen (18) inches from the wall to which it is attached.

(b)

A wall sign may not extend beyond the corner of the wall to which it is attached, except where attached to another wall sign, it may extend to provide for the attachment.

(c)

A wall sign may not extend beyond its building's roof line.

(d)

A wall sign in the C-1 district attached to a building on its front property line may encroach upon public right-of-way by no more than eighteen (18) inches. Such a wall sign shall provide minimum clearance of ten (10) feet.

(4)

Projecting signs.

(a)

Within the C-1 district, a projecting sign may encroach into the public right-of-way based on the allowances in this article but may only come within five (5) feet from the vertical plane of the inside curb line.

(b)

Projecting signs must minimize visible support structures, including guy wires, cables, turnbuckles, angle iron, or other similar external support structure.

(5)

Pole signs.

(a)

Permitted pole signs may revolve at a rate not to exceed six (6) revolutions per minute to not be classified as a moving sign which is prohibited in this zoning ordinance.

(b)

No electronic information sign shall be programmed in a way that suggests or resembles a traffic control device, such as a traffic signal.

(6)

Banner and flag signs. Banner and flag signs count against the attached wall sign area permitted on premise[s].

(7)

Business and industrial centers. In addition to its total permitted sign area, each premises identified by the city as a business or industrial park may have one additional detached sign located at the entrance to the park, subject to the following conditions:

(a)

The maximum area for the sign shall be one hundred (100) square feet;

(b)

No sign shall be within one hundred fifty (150) feet of any other detached sign on the same or adjacent premises; and

(c)

Each sign shall be subject to all other regulations for detached signs or graphics set forth in this article.

(8)

Driveway signs. Driveway signs are permitted in the C-2, C-3, C-4, C-P, and I districts in addition to the total permitted sign area in this article to direct internal traffic, identify parking areas, or supply other information, given that driveway signs are:

(a)

No larger than three (3) square feet per face;

(b)

If building mounted, no higher than eight (8) feet from grade;

(c)

If freestanding, no higher than three (3) feet from grade; and

(d)

A maximum of one (1) at each driveway or two (2) at each drive through lane. Signs for drive through lane may be a maximum of fifteen (15) square feet in area and six (6) feet in height per sign.

(9)

Subdivision entrance signs. One illuminated or non-illuminated sign with a cumulative sign area of no more twenty-four (24) square feet is permitted per subdivision entrance from a collector or arterial or highway, provided such sign is set back no less than ten (10) feet from any property line. Each subdivision is permitted a maximum of three (3) subdivision entrance signs.

(10)

Additional signs at entrances. In addition to its total permitted sign area for detached signs, each property in the C-2, C-3, C-4, C-P, and I districts may have one (1) non-illuminated sign with a maximum size of twelve (12) square feet within twenty (20) feet of a public right-of-way that provides access to the property. Such sign shall be a monument or ground sign with a maximum height of four (4) feet.

(Ord. No. 2271, § 1, 10-15-2020)

(1)

Permitted signs below indicate the permitted sign types by each zoning district. Additional design standards and restrictions apply as may be indicated in this section. The letters indicate the following:

(a)

"P" means that the sign type is permitted for all uses in the district.

(b)

"P(L)" means that the sign type is permitted but limited to principal non-residential and multi-family uses.

(c)

"N" means that the sign type is not permitted in the district.

(2)

Permitted signs:

(Ord. No. 2271, § 1, 10-15-2020)

Notes:

1. Separated by 2,500 feet from any other off-premises sign (billboard) measured along a street frontage and 300 feet from any other detached sign or residential district

(1)

The owner shall agree, at the time of issuance of the permit, to place and maintain on such billboard the name of the person owning, in charge of or in control of said billboard.

(2)

No billboard shall be erected, altered, constructed, reconstructed or moved until an application and plans shall have been filed with the building official and shall have been approved by the building official as to size, location and construction.

(3)

The owner, lessee and manager of such billboard and the owner of the sign shall maintain and keep the ground area around the sign clean, sanitary, inoffensive and free and clean of weeds and noxious substances.

(4)

No billboard shall project beyond the front, side or rear building line established for the district as set forth in the zoning ordinance.

(5)

It shall be unlawful to construct or maintain, or cause to be constructed or maintained, any billboard in such a manner as to:

(a)

Obstruct the view of street crossing or railroad crossings.

(b)

Be unable to stand a pressure of at least forty (40) pounds per square foot of surface.

(c)

Be dangerous to the public by falling or blowing down.

(d)

Increase the danger of loss by fire or to increase fire insurance rates.

(e)

Approach nearer than five (5) feet from any building, unless attached to the building.

(6)

Billboards hereafter erected, constructed, reconstructed, altered or moved in the city and the planning area shall be constructed in such a manner and of such material that they shall be safe and substantial.

(7)

Billboards supported by the ground shall have all posts set in concrete.

(8)

Stacked billboard signs shall be prohibited.

(Ord. No. 2271, § 1, 10-15-2020)

Notes:

1. Frontage applies to sides of the lot line that face a public street where each frontage is treated independently of other frontages; however, that no sign shall be located closer than 50 feet to another sign measured in a straight line distance.

2. Signs shall not project above the roofline greater than 3 feet.

3. Signs on single- and two-family residential uses are not allowed, with the exception of signs that do not require a permit and allowable temporary signs.

(Ord. No. 2271, § 1, 10-15-2020)

Notes:

1. Wall signs shall not extend beyond the roof line of the building to which the sign is mounted.

(Ord. No. 2271, § 1, 10-15-2020)

Notes:

1. Frontage applies to sides of the lot line that face a public street where each frontage is treated independently of other frontages; however, that no sign shall be located closer than 50 feet to another.

2. Signs shall not project above the roofline greater than 3 feet. In C-P and I district, no sign shall project over any alley, road, street or highway right-of-way.

3. Any sign located within three (3) feet of a driveway or parking area or within fifty (50) feet of the intersection of two (2) or more streets shall have the lowest elevations at least ten (10) feet above the curb level.

4. Detached signs shall not be permitted within fifty (50) feet of a residential district.

(Ord. No. 2271, § 1, 10-15-2020)

Notes:

1. Signs shall not project above the roofline greater than ten (10) feet.

2. Shall provide clearance of ten (10) feet above pedestrian walkways and 15 feet above driveways.

3. A projecting sign shall not extend outward from the building more than 4 feet, six inches, or overhanging the road, street or alley right-of-way and no sign shall be located in a manner to constitute a traffic hazard.

4. A wall sign shall not extend more than 18 inches from the wall to which it is attached.

(Ord. No. 2271, § 1, 10-15-2020)

The purpose of these regulations is to ensure that portable signs, also classified as temporary signs, do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by portable signs.

(1)

Sign types. The following signs types are classified as portable signs:

(a)

A-Frame or upright signs (Sandwich board signs).

(b)

Vertical banners. Only permitted in non-residential districts and not permitted in the C-1 district.

(c)

Yard signs. Permitted in all zoning districts on a temporary basis not to exceed six (6) months.

(i)

In residential zoning districts, any yard sign used on a temporary basis shall not exceed four (4) square feet in area and three (3) square feet in height.

(ii)

In non-residential zoning district, any yard sign used on a temporary basis shall not exceed thirty-two (32) square feet in area and eight (8) square feet in height.

(d)

Wall banner. Only permitted in non-residential districts and may only be displayed for thirty (30) days per calendar year and not used as permanent signage.

(e)

Window sign. Only permitted in non-residential districts and may only be displayed for thirty (30) days per calendar year and not used as permanent signage. The total area combined with permanent window signs shall not exceed forty (40) percent of the area of the window.

(f)

Other. Other portable sign types may be allowed, such as fuel pump toppers and wraps around waste receptacles, provided the max area limitation for all portable signs is not exceeded.

(2)

General regulations. Portable signs are subject to all location and design regulations described in this article, unless stated otherwise in this section.

(3)

Aggregate size. The total amount of portable signage permitted on any premises shall be the smaller of five (5) percent of the area of all street facades or sixty (60) square feet, whichever is less.

(4)

Individual size. The maximum size of an individual portable sign shall be thirty-two (32) square feet in area in non-residential districts and four (4) square feet in area in residential districts.

(5)

Location. Signs shall be located no closer than five (5) feet from any property line and shall not obstruct the view of traffic approaching a street intersection.

(6)

Signs in the public right-of-way. Unless otherwise prohibited in the York Municipal Code, portable/temporary signs may be placed in the right-of-way if they meet all the following standards:

(a)

The sign shall not be placed in medians, traffic islands, roundabouts, or other areas within the roadway.

(b)

The sign shall not be placed on a sidewalk or obstruct pedestrian or wheelchair access to the sidewalk.

(c)

The sign shall not be placed in parking spaces or identified pedestrian or bicycle routes.

(d)

The sign shall be placed entirely outside of the sight-distance-triangle of a right-of-way corner or drive through.

(e)

The sign shall be no larger than ten (10) square feet in size, with no single sign face larger than six (6) square feet in size, and no portion of the sign shall exceed three (3) feet in height.

(f)

The sign shall remain portable and may not be anchored in any way to trees or to public property including, but not limited to, utility or light poles, utility boxes, street signs, parking meters, fences, or pavement.

(g)

The city shall have the authority to remove a sign in the public right-of-way at any time that does not meet the standards in this article, such as interference with traffic signs and motorists.

(7)

Building placement. When said sign is affixed to a building, it shall not project higher than ten (10) feet above ground level.

(8)

Durability. Portable signs shall be constructed of sufficient weight and durability to withstand wind gusts, storms, and other natural elements.

(Ord. No. 2271, § 1, 10-15-2020)

All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any signs not maintained may be ordered to be removed. For maintenance of non-conforming signs, the following shall apply:

(1)

Activities considered normal maintenance and repair. Normal maintenance and repair shall include activities such as replacement, restoration, or improvement. Following damage or destruction, replacement of a nonconformity shall mean that the sign face or sign structure and site, if reinstated with a nonconformity as allowed under the terms of the zoning ordinance, shall be reconstructed to match the conditions of the sign face or sign structure that precluded damage or destruction. Reasonable conditions may be imposed by the city to mitigate any newly created impact on adjacent property.

(2)

Items not considered normal maintenance and repair. Changes made to the location, size, height or bulk of the sign or addition of illumination are not considered normal maintenance and repair and shall require that a nonconforming sign be brought into conformance with all requirements of this zoning ordinance.

(Ord. No. 2271, § 1, 10-15-2020)

(1)

All signs shall be constructed, located and placed in accordance with local ordinances and the laws of the State of Nebraska.

(2)

Any sign not in compliance with the standards in this article shall be subject to Article XXVII, Enforcement, Violation and Penalty of this Code.

(Ord. No. 2271, § 1, 10-15-2020)

For projects with an overall site area more than five (5) acres, an applicant may submit a sign master plan, detailing the size, location, and design of all signs on the site. The sign master plan may adjust the strict application of these standards but must clarify the exact nature of the adjustments. Such a sign master plan shall be approved by the city council after review and recommendation by the commission. This review follows the same process as review of a planned unit development district.

(Ord. No. 2271, § 1, 10-15-2020)

The lawful use of land for advertising, business signs or bulletin boards which are not installed or maintained in accordance with this article and other city, county, state and federal requirements pertaining to construction, location and size which existed prior to the effective date of Ordinance No. 1574, shall be removed within fifteen (15) days after the sign becomes obsolete due to construction deterioration or when the advertised business, service or event ceases operation.

(Ord. No. 2271, § 1, 10-15-2020)

All signs shall be removed within fifteen (15) days when a business ceases operation. This includes advertising, sandwich, business, billboard, pole, temporary, and mobile signs. Signs located on vacant buildings shall be removed by the property owner or his authorized agent within fifteen (5) days after said premises are vacated.

(Ord. No. 2271, § 1, 10-15-2020)