9-14-3: DEFINITIONS:

Words and phrases used in this chapter shall have the meanings set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter.

ABANDONED SIGN: A sign, which no longer advertises a bona fide business, lessor, owner, product or activity.

ALTERATIONS: The change or alteration of a sign structure or design, whether by extension, enlargement, or in moving from one location or position to another.

ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AREA OF SIGN/SIGN AREA: The area of all faces of a sign within a perimeter, which forms the outside shape, excluding any necessary supports upon which the sign may be placed. Where a sign consists of more than one face, section, or module, all areas shall be totaled.

BANNER: Any sign of lightweight fabric or similar material mounted to a pole or poles or building or buildings located outdoors.

BEACON: Any light with one or more beams directed at any point not on the same property as the light source; also, any light with one or more beams that rotate or move.

BUILDING FRONTAGE: The width of a building facing the street to which the building or business is oriented. In the case of corner lots, the frontage shall be one of the streets to which the building is oriented, to be determined by the building inspector.

CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the sign. A sign on which the message changes more than one time per day shall be considered an animated sign.

COMMUNITY OR CIVIC EVENT: A public event, which is of interest to the community as a whole rather than the promotion of any product, political candidate, religious leader, or commercial goods or services.

COPY: Any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof, which is intended to advertise, identify, or notify.

FLAG: Any fabric banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or political subdivision.

FREESTANDING SIGN: Any sign erected on a freestanding frame, platform, base, mast, or pole or poles and not structurally attached to any building.

HANGING SIGN: A sign attached below an awning, colonnade or some other permanent part of a structure.

HEIGHT OF SIGN: The vertical distance measured from the ground plane to the top of the sign, including the air space between the ground and the sign.

INDIRECT ILLUMINATION: A source of light separate from the sign itself.

MARQUEE SIGN: Any sign attached to or made part of any permanent rooflike structure projecting beyond a building, generally designed and constructed to provide protection from the weather.

MOBILE SIGN: Any sign that is mounted on wheels, a trailer or similar movable platform.

MONUMENT SIGN: A freestanding sign that stands directly on the ground or ground level foundation.

NEON SIGN: Any sign or portion of a building illuminated or outlined by tubes using electrically stimulated neon or other gas, or light emitting diode (LED), liquid crystal display (LCD), plasma and/or similar illumination technologies.

NONCONFORMING SIGN: Any advertising structure or sign which was lawfully erected and maintained prior to the effective date of this section, and which fails to comply with any applicable regulations and restrictions herein.

PENNANT: Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.

PORTABLE SIGN: Any sign not permanently attached to the ground or to a building, and designed to be easily relocated (e.g., "sandwich board" signs).

PROJECTING SIGN: Any sign affixed to a building or wall in such a manner that its leading edge extends more than nine inches (9") beyond the surface of a building or wall.

SHORT TERM SIGN: Short term signs are those signs installed on a property with the intent of being displayed for more than seventy two (72) hours and may not be displayed longer than six (6) weeks.

SIGN: Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of a sign shall also include the sign structure, supports, lighting system, and any attachments, ornament, or other features used to draw the attention of others.

SIGN FACE: That portion of the sign structure that carries a message and/or a graphic.

TEMPORARY SIGN: A sign installed on a property for seventy two (72) hours or less.

WALL SIGN: Any sign attached parallel to, but within nine inches (9") of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WINDOW SIGN: Any sign installed upon or within three feet (3') of a window on either side for viewing from outside the premises. This term does not include merchandise displayed. (Ord. 953, 12-12-2011)

9-14-4: PROHIBITED SIGNS:

The following types of signs are expressly prohibited in all use districts, except as otherwise provided by this chapter:

   A.   Public Right Of Way: Signs which are placed in any public right of way, except publicly owned signs, traffic control signals, directional signs, and signs which direct and guide traffic and parking on private property but bear no advertising matter and signs which are allowed by permit granted by the public agency owning land right of way.

   B.   Signs Creating Traffic Hazards: A sign at or near any public street or at the intersection of any public streets, situated in such a manner as to create a traffic hazard by obstructing vision. Additionally, any sign at any location, which would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

   C.   Lighted: Flashing lights or strobe lights of any color. Message center signs shall not be considered as flashing.

   D.   Bright Or Reflective Paint: No "Day-Glo", fluorescent, reflective colored material that gives the appearance of changing color, or brilliant luminescent colors.

   E.   Signs On Vacant Property: No sign over four (4) square feet per face, except freestanding signs advertising the property "For Sale" or "For Lease Or Rent" on properties or subdivisions.

   F.   Roof Signs: Any sign either erected in a manner so that it projects partially or wholly over any roof or is mounted to any roof. This section shall not pertain to mansard roof signs if the highest portion of any sign attached to a mansard roof is no more than one-half (1/2) the height of the building to which it is attached.

   G.   Bench Signs: Any outdoor furniture with commercial signage.

   H.   Vehicle Signs: Signs mounted on the roof or antenna of automobiles, with the exception of student driver and auto transportation services, or those painted on vehicles parked and visible from the public right of way, unless said vehicle is licensed, registered and used as a vehicle in the normal day to day operations of the business.

   I.   Hazardous Or Unsafe Signs: Any sign that, in the opinion of the building inspector, engineer or traffic officer, creates a hazard to vehicular or pedestrian traffic or a hazard to the public in general.

   J.   Electronic Interference Prohibited: No sign transformer or other mechanical or electrical device used in connection with sign or outline wiring shall be permitted to operate if such device interferes with electronic reception; if such device cannot be silenced with condensers or otherwise, they shall be disconnected.

   K.   Abandoned Or Unsightly Signs: Signs located on property which becomes vacant and unoccupied for a period of six (6) months or more. Any sign remaining thirty (30) days or longer which pertains to a time, event or purpose which no longer applies, or any sign which is weak, unsafe or constructed of broken, unsightly, inferior or old, worn materials. (Ord. 953, 12-12-2011)

9-14-5: TYPES OF SIGNS ALLOWED:

   A.   Setback Requirements: All signs shall meet minimum setback requirements for the district in which said sign is placed.

   B.   Items Placed On Public Right Of Way: Notwithstanding any other provision of this chapter, a property owner, tenant, lessee or lawful occupant of property in commercial or industrial districts may locate items for display related to their specific business in a public right of way upon the issuance of a signed permit by the city. Application for a special permit for that purpose shall be made to the city clerk-treasurer. The application shall include: 1) a description of the specific items for display, 2) their location in the right of way, 3) the length of time proposed for such display, and 4) shall warrant that the display will not materially obstruct any pedestrian or vehicular way within said right of way. Application for this special permit shall be subject to amendment and approval by the city council. This special permit shall be subject to cancellation without notice or hearing if the application contains any false or misleading information or the items for display interfere with pedestrian or vehicle traffic.

   C.   Types Of Signs:

      1.   Wall: Wall signs may be placed on a structure if they meet the standards and requirements of this section.

      2.   Hanging: Hanging signs may be placed on a building or underneath an approved canopy, awning or colonnade, but may not project beyond the same. Signs hanging over a public right of way must have at least eight feet (8') of ground clearance and be installed and maintained in secure and safe order.

      3.   Projecting: No projecting sign may extend, at any point, more than four feet (4') from the surface to which it is attached. Signs projecting over a public right of way must have at least eight feet (8') of ground clearance and be installed and maintained in a secure and safe order.

      4.   Freestanding:

         a.   Freestanding signs shall be located within the property line and only one freestanding sign per principal building will be allowed or two (2) for corner properties or frontages of one hundred eighty feet (180') or more.

         b.   Height of freestanding signs will not exceed ten feet (10') above the highest structural point of the building.

         c.   Subdivisions over twenty (20) lots shall be allowed one freestanding identification sign at each major entrance to the subdivision. On those below twenty (20) lots, limit is one freestanding sign. These signs will not exceed a total of sixty four (64) square feet, or thirty two (32) square feet per side. Signs will not be permitted on any public right of way, shall be no higher than eight feet (8') above the natural grade.

      5.   Portable:

         a.   Portable signs are limited to nine (9) square feet per side, limited to three feet (3') in height and limited to two (2) sides.

         b.   Portable signs shall be weighted or anchored in some manner to prevent them from being moved or blown over by the wind.

         c.   Portable signs may not be located to obstruct pedestrian or vehicular traffic, or visibility for vehicles at intersections.

         d.   Portable signs in the public right of way shall be displayed only during the associated business' hours of operation (they shall be removed after hours).

      6.   Awning: The copy area of awnings shall be included in the sign area permitted if no more than twenty five percent (25%) per side of the awning is used for signage.

      7.   Window: Permanent window signs may be placed in or on any window if no more than fifty percent (50%) of the total transparent area of the window is obscured.

      8.   Mobile Signs And Inflatable Signs Or Displays: Any signs on wheels or an inflatable object used for promotional or sign purposes shall be allowed as temporary signs installed for seventy two (72) hours or less.

      9.   Changeable Copy Signs: Changeable copy signs shall be maintained in a legible and serviceable manner.

      10.   Electronic Message Sign: A permanent sign, which changes copy electronically more than once per day using switches and electric lamps, is permitted in all zones except R-1 through R-16 and R-P.

         a.   Based on brightness measured in nit (an illuminative brightness measurement equivalent to 1 candle/square meter measured perpendicular to the rays of the source); automated and/or electronic signs that utilize light to change frames shall contain an auto dimmer allowing for no more than five thousand two hundred (5,200) nit illumination between sunset and sunrise.

         b.   All automated and/or electronic signs that utilize light to create change may change frame content through dissolve, fade, or scroll features only. No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise create an illusion of movement.

         c.   All automated and/or electronic signs shall change frame content not more than every four (4) seconds.

         d.   Automated and/or electronic signs shall be allowed in either freestanding or monument signs. The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed fifty percent (50%) of the face of the sign.

   D.   Size Of Signs:

      1.   Maximum aggregate area of all signs, both permanent and short term, shall not exceed the total allowable sign area established by this chapter. All sign faces displayed shall be included in determining the sign area for a building.

         a.   Total signage allowance per building will not exceed a total of three (3) square feet of sign area per linear foot of building frontage for the principal building. In addition, in no case will any total sign area for any use, occupancy or development exceed two hundred (200) square feet. Internally lighted signs shall not exceed a total of one hundred (100) square feet.

         b.   Total sign area permitted for all wall, window, or other surface mounted signs shall not exceed, in total, ten percent (10%) of the facade to which they are attached.

   E.   Lighting Of Signs: Allowed methods of illumination are divided into the types described below. All other forms of sign lighting are prohibited. All lighted signs shall comply with the city lighting standards as set forth in various sections of this code.

      1.   Lighting Allowed:

         a.   Unlighted: A sign with neither an internal light nor an external source intended specifically for lighting the sign.

         b.   Internally Lighted: A sign with an internal light intended to illuminate translucent portions of the sign.

         c.   Externally Lighted: A sign with an external light source intended specifically to illuminate the sign.

      2.   Neon Signs: Neon used to draw attention to any business or building in any manner is considered a sign and shall be regulated according to the provisions of this chapter. A maximum of four (4) neon signs per business shall be allowed. (Ord. 953, 12-12-2011)

9-14-6: EXEMPTED SIGNS:

The provisions of this chapter shall apply to all signs erected in the city, except for the following which shall be exempt in accordance with the following provisions:

   A.   Legal Notices: Posting of legal notices by public officers.

   B.   Directional Or Instructional Signs: Direction or instructional signs which do not advertise a business, but which identify restrooms, public telephones, walkways or signs providing direction such as parking lot entrance and exit signs and those of similar nature. Neon open or closed signs are subject to the provisions of section 9-14-5 of this chapter.

   C.   Governmental Signs: Governmental signs for traffic control, for direction to public facilities, or for regulatory notice, warning or other public purposes.

   D.   Holiday Decorations: Holiday decorations and signs of a decorative nature or signs and decoration for a civic or community event. These types of decorations and signs shall be allowed as short term signage.

   E.   Flags, Symbols, Or Insignias: Flags of recognized governments or of United States government military units, or any other flag adopted or sanctioned by the legislative body of Idaho or the United States may be displayed providing the flag is no larger than sixty (60) square feet and is flown from a pole the top of which is no higher than forty feet (40').

   F.   Temporary Signs: Temporary signs (displayed 72 hours or less).

   G.   Political Signs: Political signs advertising candidates or issues may be erected during an election campaign. Such signs shall conform to the requirements of the state. (Ord. 953, 12-12-2011)

9-14-7: PERMITS; FEES:

   A.   Permits Required: Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, move, construct, alter or enlarge any sign without first obtaining a sign permit. In addition, electrical permits shall be obtained for electrical signs.

      1.   A permit shall not be required for sign maintenance.

      2.   Authorized work under a sign permit shall be completed within one hundred eighty (180) days after date of issuance.

   B.   Short Term Signs And Banners: Persons wishing to place short term signs or banners across streets, highways, sidewalks or alleys of the City shall first obtain a permit from the City Clerk-Treasurer's Office prior to the placement of such sign or banner. Such sign or banners shall be timely removed following the time allowed in such permit for the sign or banner to be on display.

   C.   Application For Permit: Application for a sign permit shall be made upon forms furnished by the building inspector and shall be accompanied by such information as may be required to ensure compliance with all appropriate laws and regulations for the City.

   D.   Fees: All fees for permitted signs by this Code shall be as outlined in the fee schedule of the Building Code as adopted or modified by the Buhl City Council. (Ord. 953, 12-12-2011)

9-14-8: ADMINISTRATION:

   A.   Inspection And Maintenance: The building inspector and his/her duly authorized representatives are authorized and directed to enforce all the provisions of this chapter.

   B.   Maintenance: It is the affirmative obligation of the owner of every sign within the City to maintain the sign in a good state of repair at all times. Nonconforming signs may be repaired and maintained provided the repairs are for maintaining the sign in its original condition, do not increase the degree of nonconformity in the sign, and are in accordance with this chapter.

   C.   Computations Of Dimensions For Sign Area: The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign display, together with any color or material forming an integral part of the sign. (Ord. 953, 12-12-2011)

   D.   Violations: Any person erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting or demolishing, equipping, using or maintaining any sign or sign structure in the City of Buhl, or causing or permitting the same to be done, contrary to or in violation of any of the provisions of this chapter shall be subject to penalty as provided in section 9-14-10 of this chapter. (Ord. 991, 10-11-2018)

   E.   Notice To Comply: Upon finding that any sign is in violation of any of the provisions of this chapter or endangers public safety, enforcement officers may declare the sign illegal. The building inspector shall provide the owner written notice that the sign has been declared unlawful, specifying the reasons why the sign is unlawful and ordering that the sign be repaired, modified or removed within thirty (30) calendar days of said notice.

   F.   Nonconforming Signs: Nonconforming signs shall not be transferred to a new tenant or occupant of the premises on which the sign is erected, but shall be removed within thirty (30) days of the termination of the tenancy to which it applies. Any nonconforming signs damaged to the extent of more than thirty three percent (33%) of the sign's replacement value shall not be repaired or restored.

   G.   Appeals: The City Council shall hear and decide appeals from any decision, requirement or interpretation made by the building inspector, or his/her duly authorized representatives, in the enforcement of this chapter. Such appeals must be made within thirty (30) days from the date of such action. (Ord. 953, 12-12-2011)