Loading...
Ordinance - 1976 - 29 - Establish Sign Ordinance - 06/08/1976ORDINANCE NO. 29 PASSED by the City Council and approved by the Mayor of the City of Eagle, Acta County, Idaho this r TEST: ���/(2 . ' C �y Clerk 3-10 SIGNS 3-10.1 General: A. Title. This ordinance shall be known as the Eagle Sign Code, may be cited as such, and will be referred to herein as "this Code." B. Purpose and scope. The purpose of this Code is to protect the health, safety, property and welfare of the citizens of the City of Eagle (hereafter "City") by establishing standards for the design, placement, size, and maintenance of all exterior signs and sign structures in the City. Furthermore, it is the purpose of the regulations, standards and criteria of this Code to permit and encourage the design of signs which are responsive to the needs of the public in locating a business establishment by identification, address, and product or services information. It is recognized and strongly acknowledged that the business- man's right to identify his business contributes to the economic well-being of the community. However, it is felt that this right can be exercised in such a way as to bring great benefit to the public without affecting the welfare of the businessman. The reasonable regulation of signs may, in fact, improve business opportunity as a result of the increased attractiveness of the City's environment. 3-10.2 Definitions: 1. Advertising Stryctufe: A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary for advertising purposes. 2. Animated Sign: Any sign which is designed and constructed to give its message through a sequence or progressive changes or parts or lights or degree of lighting. Page 2 3. Accessory Sign: Any sign which directs attention to an occupancy, business, commodity, service . . . or enter- tainment conducted, sold or offered only upon the premises where the sign is maintained as distinguished from a sign which directs attention to or advertises an occupany, commodity, service, or entertainment supplied or originating on other premises. 4. Area of a Sign: The entire area within a single, continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display, or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which sign is placed, and superficial, nonilluminated column covers, ornamental trim, and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reasonable amount of non --encompassed open area. 5. Area, or surface area, of Sign: The greatest area of a sign, visible from any one viewpoint, enclosed within not more than three circles, rectangles, or squares, or any combination of these forms which produces the smallest area, excluding sign support structure which does not form part of the sign proper or of the display. "Surface Area" includes only one face of a multiple -faced sign. 6. Area, or surface area, of Building: Actual surface area of the single building facade to which a sign is attached, including doors and windows, but excluding the roof and structures for elevators or air conditioning equipment on the roof. 7. Attached Sign: Any sign which is supported wholly by a building or structure, other than by a sign structure. q. Building Code: The City Building Code together with amendments thereto. 9. Building Frontage: That portion of a building on adjacent or oriented to a public right-of-way. 10. Building Line (legal building line): A line established by ordinance defining the limits of buildings in relation to streets. A building line in some instances may coincide with the property line. "Building Line" is sometimes referred to as "required setback line." 11a B ilding Mounted Sign: A single or multiple -faced sign attached to the face of a building or marquee. 12. Bulletin Board: A sign or permanent character, but with movable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or producted, or services offered upon the premises upon which sign is maintained. Page 3 13. Canopy: A freestanding structure affording protect- ion from the elements to persons or property thereunder. 14. Construction Sign: An information sign which ident- ifies the architect, engineers, contractors, and other individuals, or firms involved with the construction of a building, or announcing the character of the building or enterprise, which is errected during the building construction period. 15. Detached Sign: Any sign which is not an attached sign as defined herein. 16. Development Sign: A sign listing the architect, landscape architect, engineer, planner, contbactor, or other person or firm participating in the development or construction or financing of the project on the premises. 17. Directional Signs: A single or+.doublg--faced sign designed to guide or direct pedestrian or vehicular traffic, to an area, place, or convenience other than on the premises on which the sign is placed. 18. Directly Illuminated Sign: A sign desgined to give forth artificial light directly or through transparent or translucent material from a source of light visible from the street or from the abutting property, including but not limited to the exposed tubing neon signs. 19. Face of Building: The general outer surface of a main, exterior wall or a building. The area of the face of a building shall be a total area of such surface, including the area of doors and windows which open into such surface. 20. Freestanding Sign: A single or multiple -faced sign, supported from the ground by one or more columns, uprights, or braces. 21. Erect: To build, construct, attach, hang, place, suspend, or affix. 22. Facing or Surface: The surface of the sign upon, against, or through which the message is displayed or illustrated. 23. Frontage: The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, watercourse, or railroad. 24. Grade: The elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or the relative ground level in the immediate vicinity of the sign. 25. Heiht: The vertical distance measured from the average elevation street grade to the highest point of the sign. Page 4 26. Grand Opening: The promotional activity used by newly established businesses, to proudly inform the public or their location and contribution to the business community. "Grand Opening" does not mean the annual or occasional promotion or retail sales by a business. 27. from the vertical columns. Height or Height of Sign: The vertical distance "grade" to the highest point of a sign or any projection thereof, including its supporting 28. Identification Sign: A single -faced sign, which advertises or directs attention to an occupancy, major business, commodity, service, or entertainment conducted, sold or offered upon only the premises where the sign is maintained. 29. Incidental Sign: Small signs, less than 2 feet in surface area, of noncommercial nature, intended primarily for the convenience of the public. Included are signs to designate restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephone, etc. Also included in this group of signs are those designed to guide or direct pedestrians or vehicular traffic to an area or place on the premises of a business building or development by means of a directory designating names and addresses only. 30. Indirectly Illuminated Sign: A sign whose illum- ination is reflected from its source by the sign display surface to the viewer's eyes, the source of light not being visible from the street or from abutting property. Flood Lit or Reflective: Any sign for which the light travels through a shield or material other than the bulb or tubing necessary to enclose the light source, which shield or material has the effect of dispersing the light before it strikes the eye of the viewer. 31. Location: A lot or premise, building, wall or place upon which a sign is erected, constructed, or maintained. 32. Lot Corner: A lot located at the intersection or two or more public or dedicated streets. A corner lot shall not have an angle, at inter:;ection streets, of more than one hundred thirty-five degrees. 33. lot. Lot, Interior: Shall mean a lot other than a corner 34. Marquee: A canopy or covering structure projecting horizontally from and attached to a building, affording protection from the elements to persons or property thereunder. 35. Multiple -Occupancy Commercial Building: A building wherein two or more seperate, independently owned or operated commercial occupancies are contained. 36. Multiple -Occupancy Commercial Site: A parcel of land as designated in current Assessor's Parcel Map Book, whereon two or more separately, independently owned or operated commercial occupancies are contained. Page 5 37. Name Plate: A sign serving to designate only the name of a person or persons residing on the premises upon which the sign is located. 38. Portable Sign: Any sign not designed to be attached to a building or anchored to the ground. 39. Non -Accessory Sign: Any sign which does not qualify as accessory. 4o. with the 41. zones as Non -Conforming Sign: A sign which does not comply provisions of this Ordinance. Office Building: An office building in the C and Ce defined by the Eagle Zoning Code. 42. Parapet: That portion of a building wall which extends above the roof of the building. 43. Permanent Sign: Every sign except temporary signs as defined herein. 44. Person: Any individual, corporation, association, firm, partnership, and the like, singular or plural. 45. Political Sign: Signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot. 46. Projecting Sign: Any sign, other than a wall sign, which is suspended from or supported by a building. 47. Professional Sign: A sign indicating the name or names and occupation or occupations of a professional person or group of associated professional persons occupying the premises. 48. Propgrty Line: The line denoting the limits of legal ownership of property. 49. Real Estate Sign: A sign advertising the sale, rental, or lease of the premises upon which the sign is maintained; not including a subdivision sign. 50. letters changed Readerboard: A sign or part of a sign on which the are readily replaceable such that the copy can be from time to time at will. 51. Roof Line: The uppers.edge of any building wall or parapet, exclusive of any sign tower for any flat -roof structure; or, the ridge line at the top of the roof, exclusive of any sign tower for any gabled roof structure. 52. Roof Sign: A sign that is erected on or above the roof of a building and which derives its principal support from the roof or from columns or supports extending through the roof. The definition includes a sign affixed to any structure erected upon a roof, including a structure housing building equipment. The definition includes a structure sign erected on top of canopies. Page 6 53. Sign: Any letters, figures, design, symbol, trade- mark, or device intended to attract attention to any activity or service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, including the display of merchandise. Sources of light used primarily to illuminate a sign, or a building, or grounds, surrounding the building, shall not be considered signs themselves; provided however, that sources of light used primarily to attract attention to the light itself or as a decorative feature of the display shall be considered as part of the sign. Excluded from the definition are official traffic signs or signals, sheriff°s notices, court notices, or official public notices and the flag of the government of noncommercial instituion, and signs not visible from the street or sidewalk, and religious symbols. 54. Sign, Accessory: Any sign which carries only advert- isement strictly incidental and subordinate to a lawful use of the premise upon which it is located, including signs indicating the business transacted, service rendered, goods sold or produced on the premises, name of the business, name of the person occupying the premises. 55. Sign, Combination: A sign that is a combination of two or any more types of signs. 56. Sign, Directional: A sign erected for the purpose of informing the viewer of the approximate route, direction or location of a facility. 57. Sigp, Electrical: A sign containing electrical wiring for the purpose of interior lighting or illumination. 58. Sign, Ground: Any sign standing on the ground. Such sign may be supported by one or more poles or braces in or upon the ground, which are not a part of the building. 59. Sign, Flashing: Any sign which is intermittently on and off. 60. Sign, Marquee: A sign attached to a marquee. 61. Sign, Moving: A sign designed to attract attention through the movement or semblance of movement of the whole or any part of the sign, including rotation. 62. Signs, Off -premise: Signs located in areas distant and on a separate parcel of land from the place where the product advertised is located. 63. Signs, On -premise: Signs which advertise any bus- iness conducted at the location of the sign or the products manufactured or sold at the place where the sign is located. 64. Sign Poster: A sign printed on paper, cardboard, or similar material which is generally displayed in windows or attached to trees, poles, buildings, or staked in the ground. Page 7 65. Sign, Tower: A tower which is erected for the pri- mary purpose of supporting a sign. 66. Special Signs: See "temporary and special signs." 67. Stationary Sign: A sign which does not revolve, oscillate, or move. 68. Street: Any automobile thoroughfare so designated by City Ordinance. "Street" includes portions thereof used for parking. 69. Sign Structur: The supports, uprights, bracing and framework of a sign. The area of such structure shall not be included in computing the aggregate surface of the area of the sign which it supports. 70. Subdivision Signs: Signs used to identify a land development which is to be or was accomplished at essentially one time. 71. Surface Area: See "area, or surface area, of sign." 72. Temporary and Special Signs: A nonpermanent sign intended for use for a short period of time. Includes any banner, pennant, or advertising display constructed of canvas, fabric, wood, plastic, cardboard, or wallboard, with or without frame. Different types of temporary and special signs included in this category are: construction signs, grand opening displays, real estate signs, "open house" signs, residential land subdivision signs, subdivision directional signs. 73. Unlit Sign: A sign which does not generate its own light. 74. Wall Sign: A sign attached to or erected against the wall of a building or structure, with the exposed face of the sign parallel to the plane of said wall, and not extending over 12 inches. 75. Way Own to Public: Any paved or unpaved area on private property open to the general public for driving or parking. 76. Wind Sign: Any sign in the nature of a series of two or more banners, flags, pennants, or other objects fastened in such a manner as to move upon being subjected to wind or breeze. 77. Window Sigp: All signs located inside and affixed to, painted on, or within 3 feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise located within 3 feet of the window. 3-10 Sign Approval All signs must have a sign approval before a permit is issued, except for those listed. Page 8 A, Exemptions: The provisions and regulations of this Article shall not apply to the following signs, nor shall the area of such signs be included in the arca of signs permitted for any lot or use. 1. Signs not exceeding six (6) square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways, and simil?r features or facilities. 2. Memorial Signs or Tablets, names of buildings, and dates of erection, when cut into the surface or the facade of the building or when projecting not more than two (2) inches. 3. Traffic or Other Municipal Signs (signs required by law). Railroad corssing signs, legal notices, and such temporary emergency or non -advertising signs as may be authorized by the City Council. 4•. Signs of Public Utility Companys, indicating danger or which show the location of underground facilities or of public telephones. 5. One Real Estate Sign on any lot, provided such sign is located entirely within the property that is for sale, is unlighted, does not exceed six (6) square feet in area, and is removed within fifteen days (15) after the close of the escrow, or the rental or lease has been accomplished. 6. House Numbers, non -illuminated or directly illum- inated -- "No Trespassing", "No Parking", and other warning signs - located on the lot to which the sign is appurtenant and not exceeding six (6) square feet in area; one (1) non -illuminated or directly illuminated name plate not exceeding one (1) square foot in area for each dwelling unit. 7. Signs located in the interior of any Building or within an enclosed lobby or court of any build- ing or group of buildings, which signs are desig- ned and located to be viewed exclusively by patrons of such use or uses. 8. "No trespassing," "no dumping", "no parking", "private", and other informational warning signs which shall not exceed six (6) square feet in surface area. 9. Reasonable seasonable decorations within the app- ropriate holiday season. However, such displays shall be removed at the end of the public holiday season. 10. The flag of a commercial institution. No more than one flag is permitted per business premises, the flag shall not exceed twenty (20) square feet in surface area, and shall be left loose to fly in the breeze. Page 9 11. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification. 12. Sandwhich-board signs worn by a person while walking the public ways of the City, 3-10.4 PROHIBITED SIGNS The following signs or displays are prohibited, except as indicated. Prohibited signs are subject to removal by the City at the owner's or user's expense as set forth herein. A. Signs purport to be, or are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "danger", "warning", or similar words. B. Signs which by reason of their size, location, movement, content, coloring or manner of illumination mayhbe confused with or constructed as a traffic control sign, signal, or device, or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of any traffic or street sign or signal device. C. Signs or displays, chasing or scintillating lights, flares, bubble machines, and similar devices containing elements creating sound or smell. Exception: Certain of these devices are permitted on a limited basis as seasonal decorations, for a grand opening of a new business, or other special occasions. D. Signs identifying, or window signs advertising activities, products, businesses, or services which have been discontinued for more than 60 cloys on the premises upon which the signs are located. E. Private signs on utility poles. F. Searchlights, except if: 1. They are used by any business or enterprise once yearly for a maximum period of 7 consecutive days, or for purposes of the grand opening of a new enterprise or an enter- prise under new management for a maximum period of 7 consecu- tive days. 2. The beam of the searchlight does not flash against any building or does not sweep an arc greater than 45° from vertical. G. Billboards. H. Beacons. Page 10 3-10.5 PROHIBITED LOCATION: A. 1. No sign or sign structure shall be erected in such a manner that any portion of its surface will interfere in any way with the free use of fire excape, exit, or stand- pipe. No sign shall obstruct any window to such an extent that light or ventilation is reduced to a point below that which is required by any law ar ordinance. 2. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within 8 feet of overhead electric conductors which are energized in excess of 750 volts. 3. No sign or other advertising structures regulated by this Ordinance shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic; or at any location where, by reason of the position, shape, color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the sords "stop", "look", "danger", or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse traffic. 4. Signs on public property or within public -right-of-way are prohibited unless otherwise authorized in this Ordin- ance. B. Affixing Signs on Cuybs., Streets-, •or Street Sign's.; No person shall paint, mark, paste, fasten or in any manner affix or cause to be painted, marked, pasted, fastened, or in any manner affixed to or on the curb, street, sidewalk, street sign post, or to or on any sign erected for the purpose of directing or warning traffic, or to or on any telephone, telegraph or electric light pole, or tD or on any tree or shrub in any park, public street, alley, park- way or sidewalk any kind of sign, poster or advertisement of any kind without first obtaining a written permit from the City of Eagle. Nothing in Section shall be so con- strued as to prohibit the erection by any department of the City or to legal notices posted in the place and manner prescribed by law. 3-10.6 PERMITS AND i±ES: A. Application: Application for sign approval shall be made upon forms provided by the City of Eagle and shall have and be accompanied by the following information and mat- erials: 1. Name, address, and telephone numbers of the owner of the property. 2. Name, address, and telephone numbers of the applicant (owner of the sign). Page 11 3. Name, address, and telephone numbers of the sign contractor, if any. 4. Location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected, together with a statement showing the street frontage of such lot. 5. Two copies of plan showing: (a) Position of sign or other advertising structure in relation to adjacent building or structures. (b) The design and size, structural details and calculations, colors proposed, and proposed location on the premises of such sign or sign structure. (c) Current photographs showing existing signs on the premises and adjacent property, and certifying the date on which said photographs were taken. (d) A statement showing the size and dimensions of all signs existing on the premises at the time of making such application. (e) Such other information as the City of Eagle shall deem reasonable and necessary to insure safety of construction and compliance with the intent of this chapter. B. Fees: Every applicant, before granting of a permit, shall pay to the Clerk of the City of Eagle, a permit fee. Permit fees are based upon the building permit schedule. C. Permits: Except as otherwise provided in this Article, no sign shall hereafter be erected, constructed, relocated, painted on buildings or structures, or altered, until a permit for the same has been issued by the City of Eagle unless other- wise provided by Ordinance. Where signs are illuminated a separate electrical permit shall be obtained under applicable Ordinances. D. Expiration of Permits: A permit shall become null and void of the work for which the permit was issued has not been completed within one year of its issuance. Permits for temporary or special signs shall expire a maximum of 12 months from the date of the sign installation. Such permits are not subject to renewal. E. Signs not Requiring a Permit: Permits shall not be required in the following situations: 1. The chaning of advertising copy or message on bulletin boards and similar signs specifically designed for the use of replaceable or changeable copy, unless electrical al- terations are made. 2. Painting, repainting or cleaning an advertising structure shall not be considered an erection or alteration which requires a sign permit unless a change in structure size, advertising copy or message is made. 3. Christmas, Valentine, Easter, Etc., pictoral seasonal window displays. 4I., All signs listed in Section 3-10 of this Ordinance. Page 12 F. Application for Permit: The approved sign approval application with recommended corrections, if any, will serve as the sign permit application. The denied sign approval application will serve as the denial of sign permit applic- ation. C. Issuance of Permits: It shall be the duty of the City of Eagle, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or advertisment structure and if it shall appear that the proposed structure is in compliance with all the requirements of this article and all other laws and Ordinances of the City, it shall then direct the clerk to issue the sign permit except as otherwise provided in this Ordinance. H. Permit Fees: Before the issuance of any sign permit, the Clerk of the City of Eagle shall collect from the applicant a fee as prescribed in the Uniform Building Code. I. Revocation of Permit: All rights and privledges acquired under the provisions of this Ordinance or any amendments there to, are revocable for cause by the City Council or other authorized person or body, and all such permits shall contain notice of such revocability. The City of Eagle is hereby authorized and empowered to revoke any permit issued by them upon failure of the holder thereof to comply with any provisions of this Ordinance. 3-10.7 SIGN IDENTIFICATION: Every sign or other advertising structure hereafter erected shall have an identifying number from the building permit, name of erector, installation year, and, when illuminated, the voltage plainly placed on the exterior surface of the sign body in a location where such information will be readily visible after installation and erection. 3-10.8 GENERAL SIGN PROVISIONS: A. SIGN CONSTRUCTTON: The construction of signs shall be enforced and administered by the Building Inspector. All signs and advertising structures shall be designed and constructed to withstand wind pressure, dead loads, and lateral forces as required by the Building Code. B. Illumination of Signs: The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connetions are to be used shall be submitted to the City of Eagle. The Building Inspector shall examine the plus and specifications respecting all wiring and connections to determine if the same comply with the electrical code of the City, and he shall approve or disapp- rove said plans and specifications accordingly. C. Maintenance: All signs together with their supports and appurtenances shall be kept in a proper state of preservation. The display surface of all signs shall be kept neatly painted and posted. The City of Eagle may order the removal of any sign that is not maintained in accordance with the provisions of the Ordinance. PL 13 All signs and advertising structures which are constructed on property lines, or within five feet thereof, shall have a smooth surface. No nails, tacks, or wires shall protrude therefrom, except electrical reflectores and devices which may extend over the top and in front of the sign or advertising structure. Abatement of non -conforming signs shall be accomplished in the following manner: 1. Signs printed on buildings, walls or fences: By permanently painting over the sign; in such a way that the sign shall not thereafter become visible. Said painting shall cause the sign area to blend with and be compatible with the color scheme of the building, and shall be approved by the City of Eagle. 2. Other Signs: By removal of the sign, and any advertising structure or by alteration thereof to cause it to conform with the provisions of this Article. Nothing in this Ordinance shall prohibit the normal upkeep or repair of any sign nor the painting or repainting of the face thereof during its lawful existance. Any on -premise sign which is located on property which becomes vacant and unoccupied for a period of six months or more, any sign which was erected for an occupant or business unrelated to the present occupant or business, and any sign which pertains to a purpose which no longer exists, shall be presumed to have been abandoned. The person who owns or controls the premises shall be responsible for abatement of such signs. E. Removal of Certain Signs: If the City of Eagle shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Ordinance, or should any sign remain for a period of one hundred and eighty days after the termination of the business for which it was originally intended, it shall give written notice to the permitee thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, the City of Eagle is here- by authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the premises or structures to which the sign is attached. The City Council of Eagle, upon notice from the City of Eagle may cause any sign or advertising structure which is an immediate peril to persons or property to be removed summarily and without notice° F, Leasin City Owned Property for Signs: No person shall erect a sign upon any property owned or con- trolled by the City without first having procured a lease of the property from the City. Before any lease shall be granted for the erection and maintenance of a sign upon property of the City, a Sign » pproval Application with any additional information which the City Clerk shall deem necessary to carry out the purposes and intent of this ordinance. In the event that any sign is erected or maintained in violation of the provisions of this Section, the City of Eagle may direct the removal of such sign. In the event the leasee deems such removal to be without cause, he may within thirty days after such direction make written appeal to the City Council. The findings of the City Council after notice to the leasee and due hearing shall be final. G. Sign Review: All signs in the City shall be reviewed from time to time by the Building Inspector to determine that all signs are being maintained in adequate repair and the Building Inspector shall give a staff report to the Page 14 City Council concerning those signs which in the opinion of the Building Inspector do not meet the maintenance standards. If the Eagle City Council agrees with the findings of the Staff Report, the sign may be re-classified as noncon- forming. 310-9 SIGNS IN ALL ZONES: No sign shall be erected or maintained in any zone as estab- lished by the Zoning Ordinance except those signs specifically enumerated in this Chapter. The number and area of signs as outlined in this Article are intended to be maximum standards which do not necessarily insure architectural compatability. Threfore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appear- ance of the subject property as well as the surrounding community. Compatible design, simplicity and sign effectiveness are to be used in establishing guideline for sign approval. A.FERIVIITTED SIGNS: The following signs, if non -illum- inated, are allowed in all zones: 1. Governmental or other legally required posters, notices, or signs. 2. "For Rent", "For Sale", or similar signs provided that: a. Each sign shall not exceed six square feet in area. b. Vacant parcels containing 5 acres or more in any area may be allowed "for rent" or "for' sale" signs not to exceed six square feet in area. 3. One sign not exceeding six square feet in area and displaying only the name of the property owner, or occupant, or the address. 4. Governmental flags or emblems or flags of non- profit organizations. 5. Contractors signs on the construction site only, not exceeding six square feet each or one direct - tory sign for all contractors, etc. (may include banks, realtors, sub-contractors,etc. not exceed- ing thirty two feet unless legally required by governmental contract to be larger), eight feet overall height and located a minimum of five feet inside the property line. 6. Subdivision Directional Signs are permitted subject to the following conditions: a. Signs to be designed to comply with City standards. b. Sign copy shall be limited to directional information trade information and/or price range. Page j E. maximum of six signs may be used to lead customer to site. d. All directional signs must be located within two miles of the development. e. Signs to be displayed and grouped to the largest extent possible with directional signs for other subidivisions to guard against a cluttered effect. f. Not more than four directional signs to be clustered in one group located not less than 300 feet from a previously approved site. g. All signs to be placed on private property within written consent of the property owner obtained and filed with the City Clerk of Eagle prior to issuance of a permit. h. A sign location plan shall be prepared showing the site of each directional sign approved and on file with the City of Eagle prior to the issuance of a permit. i. Signs allowed only when a change in direction is re- quired to lead customer to subdivision site. j. All non -conforming subdivision directional signs must be removed prior to issuance of a permit. K. $75.00 cash deposit shall be placed with the City which will be forfeited if any violations to the sign ordinance occur. B. Permitted signs in Ce and CAe Zones: 1. Signs that do not exceed 20% of the facade or 30% of the front footage, illuminated or non -illuminated, of the following nature: banner, awning canopy, marquee time and temperature, sidewalk, showcase, window temporary and permanent) moving, flashing and flame containing not more than 15 characters. 2. Any signs exceeding the above restrictions must be presented to the City of Eagle for a conditional use permit. C. Design Review Committee: A design review committee shall be comprised of 5 members or non-members of the Eagle Planning and Zoning Commission. This body shall make all recommendations to the Planning and Zoning Commission concerning signs within the in- corporated City of Eagle. 310.10 CONFLICT, SERVERABILITY, AND EFFECTIVE DATE: A. Conflict: If any provision of this Code is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the City of Eagle, the provision which establishes the higher standard shall prevail. B. Serverability: If any section, subsection, sentence, or clause, or phrase of this code or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of this Code, or the application of the provision to other persons or circumstances is not aFfected and shall remain in full force and effect. PROOF OF PUBLICATION State of Idaho, County of Ada ss. )----..----, being first duly sworn, depose and sa , that I' m over twenty-one years of age, and Chief Clerk of VAT .T , 'Y NEWS -TIMES, a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notice was published in said paper once each week for the AO- day o consecutive eeks, the first publication being on , 19_26 and the last publication being ..i the day of ___ 19 - That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 consecutive weeks prior to the first publication of this notice, and is a newspaper within the meaning of the Idaho statutes. Chief Cl Subscribed and .sworn to before me this ____ZO day of , Gvz Notary Public in and for Idaho Residence or Postoffice Address !2(%�. -- _, Idaho. Public notices ORDINANCE NO. 29 PROPOSED AMENDMENT TO EAGLE ZONING ORDINANCE REPEALING EXISTING SECTION 3.10 '3.10 SIGNS 3.10.1 General: A. Title. This ordinance shall be known 8S the Eagle Sign Code, may be cited as inch, and will be referred to herein as "this Code." B. Purpose and Scope. The purpose of this Code is to protect the health, safety, property and welfare of the citizens of the City of Eagle (hereafter "City) by establishing standards for the design, placement, size and maintenance of all exterior signs and sign structures in the City. Furthermore, it is the purpose of the regulations, standards and criteria of this Code to permit and encourage the design Of signs which are responsive to the needs Of the public in locating a business establishment by identification, address and product or services information. It is recognized and strongly acknow- ledged that the businessman's right to Identify his business contributes to the economic well-being of the community. However, it is felt that this right can be exercised in such a way as to bring great benefit to the public without affecting the welfare of the businessman. The reason- able regulation of signs may, in fact, improve business opportunity as a result of the increased attractiveness of the City's environment. 3-10.2 Definitions: 1. Advertising structure -A structure of any kind or character, erected or maintained for outdoor advertising our. poses, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary for advertising purposes. 2. Animated Sign -Any sign which is designed and constructed to give its message through sequence or progressive changes or parts or lights or degree of lighting. 3. Assessory Sign -Any sign which directs attention to an occupancy, business, commodity, service ... or entertainment conducted, sold or offered only upon the premises where the sign is maintained as distinguished from a sign which directs attention to or advertises an occupancy, commodity, service or enter- tainment supplied or originating on other premises. 4. Area of a Sign -The entire area within a single, continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display, or used to differentiate such sign from the back- ground against which it is placed; excluding the necessary supports or uprights on which sign is placed and superficial, noniltuminated column covers, ornamental trim and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reasonable amount of non -encompassed open area. 5. Area, or Surface Area, of Sign -The greatest area of a sign, visible from any one viewpoint, enclosed within not more than three circles, rectangles or squares or other geometric forms or any conbination of these forms which pro- duces the smallest area, excluding sign suport structure which does not form part of the sign proper or of the display. "Surface Area" includes only one fact of a multiple -faced sign. 6. Area, or Surface Area of Building- Acutal surface area of the single building facade to which a sign is attached, including doors and windows, but excluding the roof and Structures for elevators or air conditioning equipment on the roof. ..7. Attached Sign -Any sign which is supported wholly by a building or structure, other than by a sign structure. ..8. Buildidg Code -The City Building Code together with amendments thereto. ..9. Building Frontage -That portion of a building on adjacent or oriented to a public right-of-way. ..10. Building Line (Legal Building ..10. Building Line (Legal Building Line) A line established by ordinance defining the limits of buildings in relation to streets. A building line in some instances may coincide with the property line. "Building Line" is sometimes referred to as "required setback line." ..11. Building Mounted Sign -A single or multiple -faced sign attached to the face of a building or Marquee. ..12. Bulletin Board -A sign or per. manent character, but with moveable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or producted, or services offered upon the premises upon which sign is maintained. ..13. Canopy -A free standing structure affording protection from the elements to persons or property thereunder. ..14. Construction Sign -An information sign which identifies the architect, engineers, contractors and other indi viduals, or firms involved with the construction of a building, or announcing the character of the building or enterprise, which is erected during the building construction period. ..15. Detached Sign -Any sign which is not an attached sign as defined herein. 16: Development Sign -Any sign listing the architect, landscape architect, en gineer, planner', contractor or other person or firm participating in the development or construction or financing of the project on the premises. 17. Directional Signs -A single or dquble-faced sign designed to guide or direct oedestrian nr vPhir,Ilar traffic to Public notices on the premises on which the sign is placed. ..18. Directly Illuminated Sign -A sign designed to give forth artificial light directly or through transparent or translucent material from a source of light visible from the street or from the abutting property, including but not limited to the exposed tubing neon signs. 19. Face of Building -The general outer surface of a main, exterior wall or a building. The area of the face of a building shall be a total area of such surface, including the area of doors and windows which open into such surface. 20. Freestanding Sign -A single or multiple faced sign, supported from the ground by one or more columns, uprights or braces. ..21. Erect -To build, construct, attach, hang, place, suspend or affix. ..22. Facing or Surface -The surface of the sign upon, against, or through which the message is displayed or illustrated. ..23. Frontage -The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, watercourse or railroad. ..24. Grade -The elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline or the relative ground level in the immediate vicinity of the sign. ..25. Height -The vertical distance measured from the average elevation street grade to the highest point of the sign. ..26. Grand Opening -The promotional activity used by newly established businesses, to proudly inform the public of their location and contribution to the business community. "Grand Opening" does not mean the annual or occasional promotion or retail sales by a business. ..27. Height or Height of Sign -The vertical distance from the "grade" to the highest point of a sign or ,prey )tert4 projection thereof, including its support- ing columns. ..28. Identification Sign -A single -faced sign, which advertises or directs attention to an occupancy, major business, commodity, service or entertainment conducted. 29. Incidental Sign -Small signs, less than 2 feet in surface area, of noncommercial nature, intended pri- marily for the convenience of the public. Included are signs to designate rest. rooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephone, etc. Also included in this group of signs are those designed to guide or direct pedestrians or vehicular traffic to an area or place on the premises of a business building or development by means of a directory designating names and ad- dresses only. 30. Indirectly Illuminated Sign -A sign whose illumination is reflected from Its source by the sign display surface to the viewer's eyes, the source of light not being visible from the street or from abutting property. Flood Lit or Reflective -Any sign for which the light travels through a shield or material other than the bulb or tubing necessary to enclose the light source, which shield or material has the effect of dispersing the light before it strikes the eye of the viewer. 31. Location -A lot or premise, build- ing, wall or place Upon which a sign is erected, constructed or maintained. 32. Lot Corner -P lot located at the intersection of two or more public or dedicated streets. A corner lot shall not have an angle, at intersection streets, or more than one hundred thirty-five degrees. 33. Lot, Interior -Shall mean a lot other than a corner lot. 34. Marquee -A canopy or covering structure projecting horizontally from. and attached to a building, affording protection from the elements to persons or property thereunder. 35. MLltiple-Occupancy Commercial Building -A building wherein two or more separate, independently owned or operated commercial occupancies are contained. 36. Multiple -Occupancy Commercial Site -A parcel of land as designated In current Assessor's Parcel Map Book, whereon two or more separately, independently owned or operated com- mercial occupancies are contained. 37. Name Plate -A sign %serving to designate only the name of a person or persons residing on the premises upon which the sign is located. 38. Portable Sign -Any sign not designed to be attached to a building or anchored to the ground. 39. Non -Accessory Sign -Any sign which does not qualify as accessory. 40. Non -Conforming Sign -A sign which does not comply with the provisions of this Ordinance. 41. Office Building -An office building in the C and Ce zones as defined by the Eagle Zoning Code. 42. Parapet -That portion of a building wall which extends above the roof of the building. 43. Permanent Sign -Every sign except +..moorary signs as defined herein. 44. Person -Any individual, corpora- tion, association, firm, partnership and the like, singular or plural. 45. Political Sign -Signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot. 46. Projecting Sign -Any sign, other than a wall sign, which is suspended from or supported by a building. 47. Professional Sign -A sign indicating the name or names and occupation or however, that sources of light used primarily to attract attention to the light itself or as a decorative feature of the display shall be considered as part of the sign. Excluded from the definition are official traffic signs or signals, sheriff's notices, court notices, or official public notices and the flag of the government of noncommercial institution and signs not visible from the street or sidewalk and religious symbols. 54. Sign, Accessory -Any sign which carries only advertisement strictly inci- dental and subordinate to a lawful use of the premise upon which it is located, including signs indicating the business transacted, service rendered, goods sold or produced on the premises, name of the business, name of the person occupying the premises. 55. Sign, Combination -A sign that is a combination of two or any more types of signs. 56. Sign, Directional -A sign erected for the purpose of informing the viewer of the approximate route, direction or location of a facility. S7. Sign, Electrical -A sign containing electrical wiring for the purpose of interior lighting or illumination. 58. Sign, Ground -Any sign standing on the ground. Such sign may be supported by one or more poles or braces In or upon the ground, which are not a part of the building. S9. Sign, Flashing -Any sign which is intermittently on and off. 60. Sign, Marquee -A sign attached to a marquee. 61. Sign, Moving -A sign designed to attract attention through the movement or semblance of movement of the whole or any part of the sign, including rotation. 62. Signs, Off -Premise -Signs located in areas distant and on a separate parcel of land from the place where the product advertised is located. 63. Signs, On -Premises -Signs which advertise any business conducted at the location of the sign or the products manufactured or sold at the place where the sign is located. 641a0$1gn, Paster -A sign printed on paper, cardboard, or similar material which is generally displayed in windows or attached to trees, poles, buildings or staked to the ground. 65. Sign, Tower -A tower which is erected for the primary purpose of supporting a sign. 66. Special Signs -See "temporary and special signs." 67. Stationary Sign -A sign which does not revolve, oscillate or move. 68. Street -Any automobile thorough fare so designated by City Ordinance. "Street" Includes portions thereof used for parking. 69. Sign Structure -The supports, uprights, bracing and framework of a sign. The area of such structure shall not be included in computing the aggregate surface of the sign which it supports. 70. Subdivision Signs -Signs used to identify a land development which is to be or was accomplished at essentially one time. 71. Surface Area -See "area, or surface area, of sign." 72. Temporary and Special Signs -A nonpermanent sign intended for use for a short period of time. Iricludes any banner, pennant or advertising display con- structed of canvas, fabric, wood, plastic, cardboard, or wallboard, with or without frame. Different types of temporary and special signs included in this category are: construction signs, grand opening displays, real estate signs, "open house" signs, residential land subdivision signs, subdivision directional signs. 73. Unlit Sign -A sign which does not generate its own light. 74. Wall Sign -A sign attached to or erected against the wall of a building or structure, with the exposed face of the sign parallel to ttfe place of said wall, and not extending over 12 inches. 75. Way Open to PubilE-Any paved or unpaved area on private property open to the general public for driving or parking. 76. Wind Sign -Any sign in the nature of a series df two or more banners, flags, pennants, or other objects fastened in such a manner as to move upon being subjected to wind or breeze. 77. Window Sign -All signs located inside and affixed to, painted on, or within three (3) feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. Theterm does not include merchandise located within three (3) feet of the windows. 3-10 SIGN APPROVAL: Ail signs must have a sign approval before a permit is issued, except for those listed. A. Exemptions -The provisions and regulations of this Article shall not apply to the following signs, nor shall the.ar.ea-Qf such signs be included in the area of signs permitted for any lot or use. 1. Signs not exceeding six (6) square feet in area, erected for the conven- ience of the public, such as signs identifying restrooms, public tele- phones, walkways, and similar features or facilities. 2. Memorial Signs or Tablets, names of buildings, and dates of erection, when cut into the surface or the facade of the building or when projecting not more than two (2) inches. 3. Traffic or other Municipal Signs (signs required by law). Railroad crossing signs, legal notices, and such temporary emergency or non - advertising signs as may be authorized by the City Council. 4. Signs of Public Utility Companies, indicating danger' or which show the location of underground facilities or of public telephones. 5. One Real Estate Sign on any lot, provided such sign is located entirely within the property that is for sale, is ,s. aanuwicn-ooara signs worn Dy a person while walking the public ways of the City. 3.10.4 Prohibited Signs The following signs or displays are prohibited, except as indicated. Prohib- ited signs are subject to removal by the City at the owner's or user's expense as set forth herein. A. Signs purport to be, or are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "danger", "warning", or similar words. B. Signs which by reason of their size, location, movement, content, or coloring or manner of illumination may be confused with or constructed as a traffic control sign, signal or device or the light of an-etnergency or radio equipment vehicle; or which obsturct the visibility of any traffic or street sign or signal device. C. Signs or displays, chasing or scintillating fights, flares, bubble machines and similar devices containing elements creating sound or smell. Exception: Certain of these devices are permitted on a limited basis as seasonal decorations, for a grand opening of a new business or other special occations. D. Signs identifying, or window signs advertising activities, products, busines- ses or services which have been discontinued for more than sixty (60) days on the premises upon which the signs are located. E. Private signs on utility poles. F. Searchlights, except If: 1. They are used by any business or enterprise once yearly for a maximum period of seven (7) consecutive days or for purpose of the grand opening of a new enterprise or an enterprise under new management for a maximum period of seven (7) consecutive days. 2. The beam of the searchlight does flash against any building or does not sweep an arc greater than 45 degrees om vertical. G. Billboards H. 310.5Beacons Prohibited Location: A. 1. No sign or sign structure shall be erected in such a manner that any portion of its surface will interfere in any way with the free use of fire escape, exit or standpipe. No sign shall obstruct any window to such an extent that light or ventilation is reduced to a point below that which is required by any law or ordinance. 2. No sign or sign structure shall be erected in such a nammer that any portion of its surface or supports shall be within 8 feet of overhead electrical conductors which are energized in excess of 750 volts. 3. No sign or other advertising structures regulated by this Ordinance shall be erected at the Intersection of any street in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic; or at any location where, by reason of the position, shape, color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop", "look", "danger" or any other word, phrase, symbol or character In such manner as to interfere with, mislead or confuse traffic. 4. Signs on public property or within public right-of-f4ay are prohibited unless otherwise authorized in this Ordinance. B. Affixing Signs on Curbs, Streets or Street Signs. No person shall paint, mark, paste, fasten or in any manner affix or cause to be painted, marked, pasted, fastened or in any manner affixed to or on the curb, street, sidewalk, street sign post or to or on any sign erected for the purpose of directing or warning traffic or to or on any telephone, telegraph or electric light pole or to or on any tree or shrub in any park, public street, alley, parkway or sidewatd any kind of sign, poster or advertisement of any kind without first obtaining a written permit from the City of Eagle. Nothing in this Section shall be so construed as to prohibit the erection by any department of the City or to prohibit legal notices to be posted In the place and manner prescribed by law. 3.10.6 Permits and Fees: A. Application -Application for sign approval shall be made upon forms provided by the City of Eagle and shalt have and be accompanied by the following information and materials: 1. Name, Address and telephone numbers of the owner of the property. 2. Name, address and telephone numbers of the applicant (owner of the sign). 3. ame, Adds'ss and telephone numbers of the sign contractor, if any. 4. Location of builbing, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected, together with a statement showing the street frontage of Such lot. 5. Two copies of plan showing: (a) Position of sign or other advertising structure in relation to adjacent building or structures. (b) The design and size, structural details and calculations, colors pro- posed, and proposed location on the premises of such sign or sign structure. (c) Current photographs showing existing'sign on the premises and adjacent pro erty and certifying the date on which said photographs were taken. (d) A statement showing the size and dimensions of all signs existing on the premises at The time of making such application. cnange In structure size, advertisir copy or message is made. 3. Christmas, Valentine, Easter, Etc pictorial seasonal window displays. 4. All signs listed in Section 3-10 of th Ordinance. F. Application for Permit - Th approved sign approval application wit recommended corrections, if any, wi serve as the sign permit application. Th denied sign approval application wi serve as the denial of sign perm application. G. Issuance of Permits -It shall be th duty of the City of Eagle, upon the ftllin of an application for a sign permit, t examine such plans and specification and other data and the premises upo which it is proposed td erect the sign o advertisement structure and if it she appear that the proposed structure is i compliance with all the requirements o this article and all other laws an' Ordinances of the City, it shall then direc the clerk to issue the sign permit excep as otherwise provided in this Ordinance H. Revocation of Permit -All right and privileges acquired under the provisions of this Ordinance or an) amendments thereto, are revocable fol cause by the City Council or other authorized person or body, and all suct permits shall contain notice of such revocability. The City of Eagle is herebl authorized and empowered to revoke ani permit issued by them upon failure of the holder thereof to comply with any provisions of this Ordinance. f3-10.7 Sign Identification: Every sign or other advertisln( structure hereafter erected shall have at Identifying number from the buildin( permit, name of erector, Installation year and when illuminated, the voltage ploinl) placed on the exterior surface of the sigr body in a location where such lnformatior will be readily visible after instatlatior and erection. 3-10.8 General Sign Provisions: A. Sign Construction -The constructior of signs shall be enforced and adminis tered by the Building Inspector. All sign! and advertising structures shalt bf designed and constructed to withstanc wind pressure, dead loads and latera forces as required by the Building Code B. Illumination of Signs -The applica- tion for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the City of Eagle. The building Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same comply with the electrical code of the City and he shall approve or disapprove said plans and specifications accordingly. C. Maintenance -All signs together with their supports and appurtenances shall be kept in a proper state of preservation. The display surface of all signs shall be kept neatly painted and posted. The City of Eagle may order the removal or any sign that is not maintained in accordance with the provisions of the Ordinance. All signs and advertising structures which are constructed on property lines, or within five (5) feet thereof, shall have a smooth surface. No nails, tacks or wires shall protrude therefrom, except elec- trical reflectors and devices which may extend over the top and in front of the sign or advertising structure. Abatement of non -conforming signs shall be accomplished in the following manner: 1.Signs Painted on Buildings, Walls or Fences. By permanently painting over the sign in such a way that the sign shall not thereafter become visible. Said painting shall cause the sign area to blend with and be compatible with the color scheme of the building and shall be approved by the City of Eagle. 2. Other Signs. By removal of the sign, and any advertising structure or by alteration thereof to cause it to conform with the provisions of this Article. Nothing in this Ordinance shall prohibit the normal upkeep or repair of any sign nor the painting or repainting of the face thereof during its lawful existence. Any on -premise sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, any sign which was erected for an occupant or business unrelated to the present occupant or business and any sign which pertains to a purpose which no longer exists, shall be presumed to have been abandoned. The person who owns or controls the premises shall be responsible for abatement of such signs. E. Removal of Certain Signs-lf the City of Eagle shall find that any sign or other advertising structure regulated haFein is unsafe or insecure or is a menace lo the public or has been constructed or erected or is being maintained in violation bf the provisions of this Ordinance or should any sign remain for a period of one hundred and eighty (180) days after the termina- tion of the business for which it was originally intended, it shall give written notice to the permittee thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within ten (10) days after such notice, the City of Eagle is hereby authorized to cause removal of such sign, and any expenses incidental thereto shall be paid by the owner of the premises or structures to which the sign is attached. The City Council of Eagle may cause any sign or advertising structure which is an immediate peril to persons or property to be removed summarily and without notice. F. Leasing City Owned Property for Signs --No person shall erect a sign upon any property owned or controlled by the City without first having procured a lease of the property from the City. Before any lease shall be granted for the erection and Public notices occupying the premises. 48. Property Line -The line denoting the limits of legal ownership of property. 49. Real Estate Sign -A Sign adver- tising the sale, rental or lease of the premises upon which the sign is maintained; not including a subdivision sign. 50. Readerboard-A sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. 51. Roof Line -The upper edge of any building wall or parapet, exclusive of any sign tower for any flat -roof structure; or, the ridge line at the top of the roof, exclusive of any sign tower for any gabled roof structure. 52. Roof Sign -A sign that is erected on or above the roof of a building and which derives its principal support from the roof or from columns or supports extending through the roof. The definition includes e sign affixed to any structure erected upon a roof, inlcuding a structure housing building equipment. The definition in- cludes a structure sign erected on top of canopies. 53. Sign -Any letters, figures, design, symbol, trademark or device intended to attract attention to any activity or service, place subject person, firm, corporation, public performance, article, machine or merchandise whatsoever, including the display of merchandise. Sources of light used primarily to Illuminate a sign or a building or grounds surrounding the building shall not be considered signs themselves; provided, however, that sources of light used primarily to attract attention to the light Itself or as a decorative feature of the display shall be considered as part of the sign. Excluded from the definition are official traffic signs or signals, sheriff's notices, court notices, or official public notices and the flag of the government of noncommercial institution and signs not visible from the street or sidewalk and religious symbols. 54. Sign, Accessory -Any sign which carries only advertisement strictly inci- dental and subordinate to a lawful use of the premise upon which it is located, including signs indicating the business transacted, service rendered, goods sold or produced on the premises, name of the business, name of the person occupying the premises. SS. Sign, Combination -A sign that is a combination of two or any more types of signs. 56. Sign, Directional -A sign erected for the purpose of informing the viewer of the approximate route, direction or location of a facility. 57. Sign, Electrical -A sign containing electrical wiring for the purpose of interior lighting or illumination. 58. Sign, Ground -Any sign standing on the ground. Such sign may be supported by one or more poles or braces in or upon the ground, which are not a part of the building. 59. Sign, Flashing -Any sign which is intermittently on and off. 60. Sign, Marquee -A sign attached to a marquee. 61. Sign, Moving -A sign designed to attract attention through the movement sr semblance of movement of the whole Sr any part of the sign, including rotation. 62. Signs, Off -Premise -Signs located in areas distant and on a separate parcel of and from the place where the product advertised is located. 63. Signs, On -Premises -Signs which Idvertise any business conducted at the ocation of the sign or the products manufactured or sold at the place where the sign is located. 64:,,SIgn, Poster -A sign printed on paper, cardboard, or similar material (vhich Is generally displayed in windows k attached to trees, poles, buildings or staked to the ground. 65. Sign, Tower -A tower which is erected for the primary purpose of Supporting a sign. 66. Special Signs -See "temporary and special signs." 67. Stationary Sign -A sign which does not revolve, oscillate or move. 68. Street -Any automobile thorough. fare so designated by City Ordinance. "Street" includes portions thereof used for parking. 69. Sign Structure -The supports, uprights, bracing and framework Of a sign. The area of such structure shall not be included in computing the aggregate surface of the sign which it supports. 70. Subdivision Signs -Signs used to dentify a land development which is to be ,r was accomplished at essentially one ime. 71. Surface Area -See "area, or surface rea, of sign." 72. Temporary and Special Signs -A onpermanent sign intended for use for a hort period of time. Includes any banner, ennant or advertising display con- Iructed of canvas, fabric, wood, plastic, ardboard, or wallboard, with or without ame. Different types of temporary and tecial signs included in this category •e: construction signs, grand opening splays, real estate signs, "open house" Public notices within fifteen days (15) after the close Of the escrow, or the rental or lease has been accomplished. 6. House Numbers, non•iiluminated or directly iliuninated-"No Trespass- ing", "No Parking", and other warning signs -located on the lot to which the sign is appurtenant and not exceeding six (6) square feet in area; one. (1) non -illuminated or directly illuminated name plate not exceeding one (1) square foot in area for each dwelling unit. 7. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. 8. "No trespassing," "no dumping", "no parking", "private", and other inforinational warning signs which shall not exceed six (6) square feet in surface area. 9. Reasonable seasonable decorations within the appropriate holiday season. However, such displays shall be removed at the end of the public holiday season. 10. The flag of a commercial Institution. No more than one flag is permitted per business premises; the flag shall not exceed twenty (20) square feet in surface area and shall be left loose to fly in the breeze. 11. Sculptures, fountains, mosaics, and design features which do not incorpor- ate advertising or identification. 12. Sandwich -board signs worn by a person while walking the public ways of the City. 3-10.4 Prohibited Signs The following signs or displays are prohibited, except as'indicated. Prohib- ited signs are subject to removal by the City at the owner's or user's expense as set forth herein. A. Signs purport to be, or are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "danger", "warning", or similar words. B. Signs which by reason of their size, location, movement, content, or coloring or manher of illumination may be confused with or constructed as a traffic control sign, signal or device or the light of an etnergency or radio equipment vehicle; or which obsturct the visibility of any traffic or street sign or signal device. C. Signs or displays, chasing or scintillating Hghts, flares, bubble machines and similar devices containing elements creating sound or smell. Exception: Certain of these devices are permitted on a limited basis as seasonal decorations, for a grand opening of a new business or other special occations. D. Signs identifying, or window signs advertising activities, products, busines- ses or services which have been discontinued for more than sixty (60) days on the premises upon which the signs ate located. E. Private signs on utility poles. F. Searchlights, except if: 1. They are used by any business or enterprise once yearly for a maximum period of seven (7) consecutive days or for purpose of the grand opening of a new enterprise or' an enterprise under new management for a maximum period of seven (7) consecutive days. 2. The beam of the searchlight does flash against any building or does not sweep an arc greater than 45 degrees .om vertical. G. Billboards H. Beacons 3-10.5 Prohibited Lpcation: A. 1. No sign or sign structure shall be erected in such a manner that any portion of its surface will interfere in any way with the free use of fire escape, exit or standpipe. No sign shall obstruct any window to such an extent that light or ventilation is reduced to a point below that which is required by any law or ordinance. 2. No sign or sign structure shall be erected in such a nammer that any portion of its surface or supports shall be within 8 feet oM overhead electrical conductors which are energized in excess of 750 volts. 3. No sign or other advertising structures regulated by this Ordinance shalt be erected at the intersection of any street in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic; or at any location where, by reason of the position, shape, color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop", "took", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. 4. Signson publi2 property or within public right -of -dray are prohibited unless otherwise authorized in this Ordinance. Public notices necessary to insure safety of con- struction and compliance with the intent Of this chapter. B.Permit Fees -Every applicant, before granting of a permit, shall pay to the Clerk of the City of Eagle, a permit fee. Permit fees are based upon the sign permit schedule. C. Permits -Except as otherwise provided in this Article, no sign shall hereafter be erected, constructed, re- located, painted on buildings or struc- tures, or altered, until a permit for the same has been issued by the City of Eagle unless otherwise provided by Ordinance. Where signs are illuminated, a separate electrical permit shall be obtained under applicable ordinances. D. Expiration of Permits -A permit shall become null and void of the work for which the permit was issued has not been completed within one year of its issuance. Permits for temporary or special signs shall expire a maximum of 12 months from the date of the sign installation. Such permits are not subject to renewal. E. Signs Not Requiring a Permit - Permits shall not be required in the following situations: 1. The changing of advertising copy or message on bulletin boards and similar signs specifically designed for the use of replaceable or changeable copy, unless electrical alterations are made. 2. Painting, repainting or cleaning an advertising structure shall not be considered an erection or alteration which requires a sign permit unless a change in structure size, advertising copy or message is made. 3. Christmas, Valentine, Easter, Etc., pictorial seasonal window displays. 4. All signs listed in Section 3-10 of this Ordinance. F. Application for Permit - The approved sign approval application with recommended corrections, if any, will serve as the sign permit application. The denied sign approval application will serve as the denial of sign permit application. G. Issuance of Permits -it shall be the duty of the City of Eagle, upon the filling of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed iC erect the sign or advertisement structure and if it shall appear that the proposed structure is in compliance with all the requirements of this article and all other laws and. Ordinances of the City, it shall then direct the clerk to issue the sign permit except as otherwise provided in this Ordinance. H. Revocation of Permit -All rights and privileges acquired under the provisions of this Ordinance or any amendments thereto, are revocable for cause by the City Council or other authorized person or body, and all such permits shall contain notice of such revocability. The City of Eagle is hereby authorized and empowered to revoke any permit issued by them upon failure of the holder thereof to comply with any provisions of this Ordinance. f3-10.7 Sign Identification: Every sign or other advertising structure hereafter erected shall have an identifying number from the building permit, name of erector, installation year and when illuminated, the voltage plainly placed on the exterior surface of the sign body in a location where such information will be readily visible after installation and erection. 3-10.8 General Sign Provisions: A. Sign Construction -The construction of signs shall be enforced and adminis- tered by the Building Inspector. All signs and advertising structures shalt be designed and constructed to withstand wind pressure, dead loads and lateral forces as required by the Building Code. B. Illumination of Signs -The applica- tion for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the City of Eagle. The building Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same comply with the electrical code of the City and he shall approve or disapprove said plans and specifications accordingly. C. Maintenance -All signs together with their supports and appurtenances shall be kept in a proper state of preservation. The display surface of all signs shall be kept neatly painted and posted. The City of Eagle may order the removal or any sign that is not maintained in accordance with the provisions of the Ordinance. All signs and advertising structures which are constructed on property lines, or within five (5) feet thereof, shall have a smooth surface. No nails, tacks or wires shall protrude therefrom, except elec- trical reflectors and devices which may extend over the top and in front of the sign or advertising structure. Abatement of non -conforming signs shall be accomplished in the following manner: 1.Signs Painted on Buildings, Walls or an, ae rkv nermanantly Daintina over Public notices any additional information which the City Clerk shall deem necessary to carry out the purposes and intent of this ordinance. In the event that any sign Is erected or maintained in violation of the provisions of this Section, the City of Eagle may direct the removal of such sign. In the event the leasee deems such removal to be without cause, he may within thirty (30) days after such direction make written appeal to the City Council. The findings of the City Council after notice to the leasee and due hearing shall be final. G. Sign Review- All signs in the City shall be reviewed from time to time by the Building Inspector to determine that all signs are being maintained In adequate repair and the Building inspector shall give a staff report to the City Council concerning those signs which in the opinion of the Building Inspector do not meet the maintenance standards. If the Eagle City Council agrees with the findings of the Staff Report, the sign may be re-classified as non -conforming. 3-10.9 Signs In All Zones: No sign shall be erected or maintained in any zone as established by the Zoning Ordinance except those signs specifically enumerated in this Chapter. The number and area of signs as outlined in this Article are Intended to be maximum standards which do not necessarily insure architectural compatability. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity and sign effectiveness are to be used in establishing guideline for sign approval. A. Permitted Sign -The following signs, if non -illuminated, are allowed in all zones: 1. Governmental or other legally required posters, notices or signs. 2. "For Rent", "For Sale" or similar signs provided that: (a) Each sign shall not exceed six square feet in area. (b) Vacant pai•cels containing 5 acres or more in any area may be allowed "for rent" or "for sale" signs not to exceed six square feet in area. 3. One sign not exceeding six square feet in area and displaying only the name of the property owner or occupant or the address. 4. Governmental flags or emblems or flogs or non-profit organizations. 5. Contractors' signs on the construc- tion site only, not exceeding six square feet each or one directory sign for all contractors, etc. (may include banks, realtors, sub -contractors, etc. not exceeding thirty-two (32) feet unless legally required by governmental contract to be larger), eight (8) feet overall height and located a minimum of five (5) feet inside the property line. 6. Subdivision Directional Signs are permitted to subject to the following conditions: (a) Signs to be designed to comply with City standards. (b) Sign copy shall be limited to directional information, trade infor- mation and or price range. (c) Maximum of four (4) signs may be used to le/id customer to site. (d) All directional signs must be located within two (2) miles of the development. (e) Signs to be displayed and grouped to the largest extent possible with directional signs for other subdi- visions to guard against a cluttered effect. Public notices flame containing not more than fifteen (15) characters. 2. Any signs exceeding the above restrictions must be presented to the City of Eagle for a conditional use permit. C. Design Review Committee - A design review committee shall be comprised of five (5) members Or non-members of the Eagle Planning and Zoning Commission. This body shall make all recommendations to the Planning and Zoning Commission con- cerning signs within the incorporated City of Eagle. 3-10.10 Conflict, Servability and EZfective Date: A. Conflict -If any provision of this Code is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code Of the City of Eagle, the provision which establishes the higher standard shall prevail. B. Serverability-If any section, sub- section, sentence or clause or phrase of this code or its application to any person or circumstances is held invalid by the decision of any court of competent jurisdiction, the remainder Of this Code or the application of the provisions to other persons or circumstances is not affected. SIGN PERMIT FEE SCHEDULE Sign Value Permit Fee S 25 and under $ 1.00 25 to 500 5.00 501 to 600 6.00 601 to 700 7.00 701 to 800 8.00 801 to 900 9.00 901 to 1,000 1.0.00 1,001 to 1,100 11.00 1,101 to 1,200 12.00 1,201 to 1,300 13.00 1,301 t0 1,400 14.00 1„401 t0 1,500 15.00 1,501 to 1,600 16.00 1,601 to 1,700- 17.00 1,701 to 1,800 18.00 1,801 to 1,900 19.00 1,901 to 2,000 20.00 2,001 to 3,000 24.00 3,001 to 4,000 28.00 4,001 to 5,000 32.00 5,001 to 6,000 36.00 6,001 to 7,000 40.00 7,001 to 8,000 44.00 8,001 to 9,000 48.00 9,001 to 10,000 52.00 10,001 to 11,000 56.00 11,001 to 12,000 60.00 12,001 to 13,000 64.00 13,001 to 14,000 68.00 14,001 to 15,000 72.00 15,001 to 16,000 76.00 16,001 to 17,000 80.00 17,001 to 18,000 84.00 18,001 to 19,000 88.00 19,001 to 20,000 92.00 20,001 to 21,000 96.00 21,001 t0 22,000 22,001 to 23,000 23,001 to 24,000 24,001 to 25,000 25,002 to 26,000 26,001 to 27,000 27,001 to 28,000 28,001 to 29,000 29,001 to 30,000 30,001 to 31,000 31,001 to 32,000 32,001 to 33,000 33,001 to 34,000 34,001 to 35,000 35,001 to 36,000 36,001 to 37,000 37,001 to 38,000 38,001 to 39,000 39,001 to 40 000 (f 41l ) to be plat%4R��,fiva�„nudOO 10i 41)000 pro ty with written consent of the 41,001 to 42,000 property owner obtained and filed 42,001 to 43,000 with the City Clerk of Eagle prior to issuance of a permit. (g) A sign location plan shall be prepared showing the site of each directional sign approved and on file with the City of Eagle prior to the issuance of a permit. (h) Signs allowed only when a change in direction is required to lead customer to subdivision site. (i) All nonconforming subdivision directional signs must be removed prior to issuance of a permit. (j) $75.00 cash deposit shall be placed with the City which will be forfeited if any violations to the sign ordinance occur. B. Permitted Signs in Ce and CAe Zones - 1. Signs that do not exceed twenty (20) per cent of the facade or thirty (30) per cent of the frontage area, illuminated or non•illuminated, of the following nature: Banner, awning canopy, mar- quee time and temperature, sidewalk, showcase, window (temporary and permanent) moving, flashing and 43,001 to 44,000 44,001 to 45,000 45,001 t0 46,000 46,001 to 47,000 47,001 to 48,000 48,001 to 49,000 49,001 to 50,000 50,001 to 51,000 51,001 to 52,000 52,001 to 53,000 53,001 to 54,000 54,001 to 55,000 55,001 to 56,000 56,001 to 57,000 57,001 to 58,000 58,001 to 59,000 .59,001 to 60,000 60,001 to 61,000 61,001 to 62,000 62,001 to 63,000 63,001 to 64,000 64,001 to 65,000 65,001 to 66,000 66,001 to 67,000 67,001 to 68.000 68,001 to 69,000 July 15, 1976. 100.00 104.00 108.00 112.00 115.00 118.00 121.00 124.00 127.00 130.00 133.00 136.00 139.00 142.00 145.00 148.00 151.00 154.00 157.00 1600 163.00 166.00 169.00 172.00 175.00 178.00 181.00 184.00 187.00 189.00 191.00 193.00 195.00 197.00 199.00 201.00 203.00 205.00 207.00 209.00 211.00 213.00 215.00 217.00 219.00 221.00 223.00 225.00