City Seeks Public Input re: Proposed Sign Code Changes

Posted: 11/18/2020 2:47:59 PM

The Municipal Services Department is updating the current sign code. The current code does not comply with recent case law that addresses content-based laws in the context of sign codes.  Therefore, we have reviewed our code and updated it where needed to comply with current law.  Additionally, through our review, we have tried to simplify the sign types and regulations. We are asking that you read the proposed code (CLICK HERE) and please provide any feedback to Kelley Setters, Deputy City Clerk at ksetters@cdaid.org or 208-769-2229.

The following is a summary of the proposed new Sign Code as compared to the Current Code.

CURRENT CODE

PROPOSED CODE

68 terms defined

16 terms defined

19 exemptions from the Code’s regulations

9 exemptions from the Code’s regulations

Statement and Purpose sections are conclusory, underinclusive, and do not meet the requirements of Reed and subsequent cases

Statement and Purpose sections are expanded and reworded to satisfy the requirements of Reed and subsequent cases

Does not specify the contents of the permit application or who is responsible for compliance with the Code

Clarifies what the application must contain; states that the owner of the property on which the Sign is or will be located, the applicant for the Sign permit, and the owner of the Sign are jointly responsible for compliance with the provisions of the Sign Code

Enforcement requires notice to comply, a civil citation, followed by a misdemeanor citation, and the possibility of injunctive relief

Eliminates the requirement for written notice prior to enforcement, keeps the civil and misdemeanor citations, and injunctive relief; provides for the removal of signs by the City after notice and an opportunity to be heard, and allows the City to recover its costs of removal

Nonconforming signs

No substantive changes

Many types of signs are addressed in separate sections

All signs are categorized as permanent or temporary, and freestanding or attached

Freestanding signs

No substantive changes

Attached sign section is vague and ambiguous; allows a maximum of 3 square feet per frontage foot less the area of any Freestanding signs existing or proposed; provides that signs may be no more than 30 feet above grade

Attached sign section is clarified; provides that only one frontage may be used to calculate the allowed area; eliminates 30-foot height limit

A-frame signs subject to an annual permit with unlimited renewal; A-frame signs may be used for any purpose

A-frames signs limited to 60 days like all other temporary signs, with one renewal; provides that they may only be used when road or sidewalk closures, construction, or similar events or conditions impair the visibility of permanent signs, access, or parking, or when advertising for a special event, sale, grand opening, or similar event

Awning and canopy signs, projecting signs, and roof signs are addressed in separate sections

Awning and canopy signs, projecting signs, and roof signs are included under “attached signs”

Banners section addresses permanent onsite banners and banners over public rights of way; sets maximum size and dimension; sets clearance over walkways and driving surfaces; establishes spacing requirements

The definition of “Banner” is expanded to include devices referred to as blade, feather, sail, shark fin, swooper, teardrop, triangle, and wind flags; addresses temporary banners; makes Banners subject to the Freestanding and Attached signage size allowance; eliminates clearance requirements as all signs require the same clearance; eliminates spacing requirements

Billboards and off premises signs are prohibited; existing billboards may remain under some circumstances

No substantial change, but two separate sections are combined into one single section

 

Construction signs section restricts content; differentiates between commercial and residential developments in terms of number, size, and height; requires removal 60 days after completion of the project; prohibits illumination only for commercial/industrial projects

Removes restrictions based on content; differentiates between residential zones and all other zones in terms of size and height; removes the number restriction; reduces the removal time to 30 days; removes the illumination prohibition for commercial/industrial projects

Electric Signs section does not contain illumination standards, and does not explicitly limit size

Electric Signs section adds illumination standards, and makes them subject to Freestanding or Attached signage size allowance as applicable

Event Locator and Promotion signs – imposes restrictions unique to event locator and promotion signs, including size and when they may be displayed

Event Locator and Promotion signs - includes event locator and promotion signs with other temporary signs, treating them all alike

Political signs – imposes restrictions unique to political signs, including size and when they may be displayed

Political signs – includes political signs with other temporary signs, treating them all alike

Residential and Commercial Subdivision entry signs – restricts content, differentiates between height and size based on commercial or residential use

Residential and Commercial Subdivision entry signs – deletes restrictions on content; eliminates different restrictions on height and size based on use

Shopping centers – distinguishes between regional and community shopping centers; prohibits extension over public property; allows only one Freestanding Sign; establishes maximum size for Freestanding Sign different from other uses

Shopping centers – eliminates distinction between regional and community shopping centers; allows extension over public property with encroachment permit as with other signs; allows one Freestanding Sign per street frontage; makes all signs subject to the Freestanding and Attached signage allowances

Approximately 31 pages

Approximately 18 pages