(1) Purpose: The city of Caldwell sign regulations are intended to achieve the following objectives:
A. To promote a healthy economy by permitting businesses and the community to inform and direct the general public through the use of signs on buildings and sites.
B. To encourage an attractive visual environment for businesses and the community.
C. To protect and enhance the physical appearance of the community:
1. Assuring the appropriate design, architectural scale and placement of signs;
2. Assuring that signs are placed in an orderly and attractive manner on a building or site;
3. Assuring that the amount of information on the sign is legible and achieves the intended purpose.
D. To ensure public safety along public roadways within the city by regulating the size and number of signs and assuring that all signs are in safe and appropriate locations.
E. To provide necessary, yet reasonable and appropriate, signage for all residential, institutional, industrial, and business uses in the community.
F. To establish and enforce a reasonable procedure for the eventual removal of nonconforming and/or abandoned signs.
G. To ensure that the maintenance of signs continues throughout the life and display of the sign.
(2) General Provisions:
A. Signs Not To Obstruct Clear Vision In Public Rights Of Way: No sign of any kind shall be erected within the public right of way, unless specifically authorized by this chapter or approved by the city council. When erected in conformance with this chapter, it shall not be placed in such a manner as to obstruct free and clear vision of users of the right of way, or have colors or patterns which interfere, obscure or conflict with any authorized traffic sign, signal or traffic control device.
B. Restrictions: No sign of any kind, except public traffic directing devices, public utility signs or safety signs, shall be placed within or project over any:
1. Vision triangle.
2. Property line.
3. "Right of way area", which for purposes of this article, shall be defined as follows: Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use, or future public property planned for future public use, for the purpose of providing vehicular, pedestrian and other public use and includes the land between the right of way lines whether improved or unimproved and comprises the following, at a minimum: pavement, shoulders, curbs, gutters, sidewalks, parking areas, lawns and ground located between the curb and detached sidewalks.
C. Removal Of Signs: Any signs, in any zoning district, placed illegally within a public right of way, right of way area, or vision triangle area or that are presenting an immediate vehicular or pedestrian safety hazard, may be removed and disposed of by city staff, with or without notification. Illegal temporary signs placed on private property may be removed and disposed of by city staff, with or without notification.
D. Roadway Widening; Future Right Of Way Setback: In those cases where roadway widening is planned and officially approved, the future right of way shall be established as the setback for signage placement.
E. Name Or Home Occupation Signs: Regardless of zoning district, one name sign or one home occupation sign is permitted per dwelling unit. One name sign is permitted per business unit. The name sign or home occupation sign shall not be more than three (3) square feet in area, shall be unlighted, and shall be attached flush to the building.
F. Changes Of Setback/Height: (Rep. by Ord. 2865, 6-20-2011)
G. Special Use Permits: Any situation that involves increasing the square footage or height of a sign, reducing the distance a sign is set back from a property line or right of way line, increasing the maximum number of signs allowed on a property, roof signage, allowing a sign that is not permitted within a zoning district, or allowing illuminated signs in a zone where illumination is not permitted may be granted only upon the successful completion of a special use permit.
H. Sign Height: Unless otherwise mentioned in this chapter, all signs constructed after the adoption date hereof shall comply with the following height requirements:
1. All signage in the C-2, C-3, M-1, M-2 and I-P Districts shall not exceed fifty feet (50') in height, unless approved through a special use permit.
2. All signage in the C-4 District shall not exceed ninety feet (90') in height, unless approved through a special use permit. Except, signs located within the APO-1 overlay shall in no case exceed eighty feet (80') in height.
3. All signage in the RS-1, RS-2, R-1, R-2, R-3, C-1, A-D, C-D, and H-D Districts shall not be permitted above the roofline of the tallest building it serves, unless approved through a special use permit.
I. Setbacks In All Districts: Unless otherwise mentioned in this chapter, the minimum setback shall be three feet (3') which shall include the footings, base, and all parts of the sign. The setback is measured from the back of a public sidewalk. If no public sidewalk exists the setback shall be measured from the property line.
J. Landscaping: All permanent freestanding and monument signs shall be landscaped in accordance with the requirements listed in the landscaping ordinance. The required landscaped area shall be equal to or exceed the total square footage area of the face of one side of the sign(s).
K. Corner Lots; Separate Frontage: On corner lots, each lot line abutting a street shall be considered separate frontage.
L. Portable Or Temporary Signs: Portable signs or temporary signs cannot be used as permanent signage unless indicated otherwise herein.
M. Pole Signs: Pole coverings shall be required on all new pole signs.
N. Religious, Charitable, Educational Or Other Signs: Religious, charitable, educational or other signs determined to be similar (specifically excluding all home occupation signage and home occupations) not exceeding one square foot in area for each three (3) linear feet of frontage of the main building on the principal street shall be allowed within residential districts, provided no sign shall exceed thirty- two (32) square feet in area. Such signs may be externally illuminated and shall comply with all requirements of this article. Internal illumination and/or electronic reader boards would require special use permit approval.
O. Sign Maintenance And Repair: All signs, regardless of type, shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the signage continues to conform to any conditions imposed by this article, the sign permit or any applicable special use permits. Nothing in this Code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition, a state of good repair and an aesthetically pleasing condition.
P. Display Of Merchandise: Display of merchandise does not count as signage and is permitted on site provided all merchandise is not within or over any public "right-of-way area", as defined herein, or within or over any vision triangle area and all merchandise is in a clean, neat, safe, operable condition.
Q. Easements: Signs may be placed within easements, provided the applicant coordinates sign placement with the appropriate utility service or agency having authority over the easement. It shall be understood that any required maintenance or repair within the easement shall take place regardless of any potential damage, displacement or destruction to the sign that may result as a consequence of any maintenance or repair necessary within the easement. Sign repair or replacement shall not be the responsibility of the utility or the City or any other agency having authority over the easement nor shall the utility or the City or any other agency having authority over the easement be held liable for any damage to the sign due to utility maintenance or repair or any other maintenance or repair necessary within the easement. Property owners may be required to sign and have notarized a statement, as prepared by the City, indicating as much.
R. Sign Permits: The Planning and Zoning Department does not require sign permits for any signs. The requirement for sign permits for signs is solely regulated by the Building Department and applicable City building codes relating to permits for signage.
S. Billboards: All billboard/off-premises signs located along I-84 freeway, highways, and principal arterials shall have a minimum separation distance of one thousand three hundred twenty feet (1,320'). This measurement shall include signs along both sides of the roadway and not only the signage along the side of the roadway where the sign is proposed to be installed.
(3) Exempted Signs: Except as otherwise provided, the following signs shall not be subject to the provisions of this section:
A. These signs are exempted by this Code and may be permitted in a public right-of-way upon authorization through the City Traffic Commission:
1. Public regulation and information signs.
2. Curb addresses.
3. Signs of public service companies for the purpose of safety.
4. Traffic, directional, warning, or information signs authorized by the controlling public agency.
5. Official notices issued by any court, public agency, or officer.
B. These signs are exempted by this code but are not permitted within or over a public right of way and must follow all vision triangle regulations:
1. No trespassing and warning signs. Trespassing, private drive, or other safety warning signs placed on private property.
2. Flags of any country, state or unit of local government.
3. Flagpoles.
4. Political signs, provided such signs shall be posted no more than sixty (60) days prior to an election and removed within ten (10) days following election day and shall not be destructive to public property upon posting or removal. Further, prior to placement of any political signage on any private property, permission from the private property owner shall be obtained. No electric political signs shall be allowed in residential districts.
5. Internal traffic directional signs.
6. Construction signs, provided that such signs are erected no more than thirty (30) days prior to the construction, confined to the site of construction, and removed within ten (10) days of completion of the entire project.
7. Holiday decorations and signs of a decorative nature, incidental and commonly associated with any national, local or religious holiday.
8. Picket signs, provided they are hand carried.
9. Any sign consistent with this article as deemed appropriate by the planning and zoning director.
(4) Prohibited Signs: The following signs are specifically prohibited unless indicated otherwise:
A. Signs Imitating Warning Signal: No sign shall display intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, nor shall any sign use the words "stop", "danger", or any other word, phrase, symbol, or character in a manner that might mislead or confuse a vehicle driver.
B. Signs Within Street Or Highway Rights Of Way: Except as herein provided, no sign whatsoever, whether temporary or permanent, except traffic signs and signals and information signs erected by the controlling public agency, are permitted within any street or highway right of way. Signs within a street or highway right of way are subject to immediate removal and disposal by city staff without notification.
C. Signs Attached To Trees, Utility Poles, Traffic Signage Poles, Or Streetlight Poles: Signs shall not be attached to any trees or branches unless said trees or branches are completely on private property and are outside of any street landscape buffer area or right of way area. Signs shall not be attached to any utility poles, power poles, telephone poles, traffic signage poles such as stop sign poles or street name sign or the like, or streetlight poles whatsoever. Any such signage may be removed and disposed of by city staff at any time, with or without notification.
D. Signs Attached To Fences; Exception: Multiple signs shall not be attached to a fence. Only one permanent or one temporary sign may be securely attached to a fence, per street frontage and/or per alley frontage, such that there is no more than one sign on a fence's street or alley frontage. No trespassing and warning signs, directional and traffic signs, and temporary construction signs are exempt from this provision.
E. Roof Supported Signs: Any sign which is erected above the roofline of a building or structure and which receives any or all of its support from such roof.
F. Signs Attached To Trailers Or Vehicles: Signs attached to a trailer or vehicle that is permanently parked along a public highway or street.
G. Highly Reflective And Fluorescent Signs: Signs made wholly or partially of highly reflective material unless required by the Caldwell fire department.
H. Signs On Benches And Shelters; Exception: Signs on benches and shelters unless the benches and shelters have been established specifically for public transportation use and have been constructed/placed by or through the public transit or city authority after following the sign permitting process. Such bench/shelter signage shall be flat, professionally prepared signs permanently fastened to back support/rests or walls or painted directly on the surface. Signage may not be chained, tied, propped upon or otherwise affixed except as stated previously. Illegally attached signage or signage placed by someone other than the public transit or city authority shall be removed and disposed of by city staff. Signage on benches located in city golf courses is permitted insomuch as golf course signage requirements allow it and all such signage is coordinated through the golf course.
I. Signs With Irrelevant Messages: Any sign which pertains to a time, event or purpose which no longer applies.
J. Dilapidated Signs: Any sign which is in whole or in part weak, unsafe, unstable or constructed of broken, unsightly, inferior, torn, faded, peeling, old or worn materials or that is any form of disrepair.
(5) Schedule:
A. RS-1, RS-2, and R-1 districts:
1. Permitted signs: Animated reader board or changeable copy signs as incorporated into the business sign, freestanding (post) signs, hanging and suspended signs, monument signs, and subdivision entry signs subject to the provisions listed below:
(A) One permanent freestanding (post) business sign, or hanging and suspended sign identifying any permitted use or special use, other than a residential use or home occupation, shall be permitted per street frontage. Each sign shall not exceed twelve (12) square feet in area and may be externally illuminated. A sign permit is required prior to installation.
(B) Freestanding (post) business signage or hanging and suspended sign signage in these districts may be expanded to twenty-four (24) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.
(C) One permanent freestanding (post) sign or hanging and suspended sign identifying any use defined as public and/or semipublic in section 10-02-02, table 1 of this article shall be permitted per street frontage. Each sign shall not exceed twenty-four (24) square feet in area and may be externally illuminated. These signs may be expanded to thirty-six (36) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.
(D) One permanent freestanding (post) sign or hanging or suspended sign identifying any public or private elementary or secondary school shall be permitted per street frontage. Each sign shall not exceed fifty (50) square feet in area, unless approved through a special use permit. The sign may be externally or internally illuminated. One permanent freestanding (post) sign or hanging or suspended sign identifying any religious facility shall be permitted per street frontage. Each sign shall not exceed thirty-two (32) square feet in area, unless approved through a special use permit. The sign may be externally or internally illuminated. A sign permit is required prior to installation.
(E) One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of, a business sign identifying a permitted use or an approved special use and shall not exceed twenty-four (24) square feet in area. One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of a use defined as public and/or semipublic in section 10-02-02, table 1 of this article and shall not exceed thirty-six (36) square feet in area. Such signage shall be approved through a special use permit in these districts prior to installation. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section. A sign permit is required prior to installation.
(F) One subdivision entry sign or monument sign may be placed at each entrance of a subdivision, shall not exceed thirty-two (32) square feet, and may be externally illuminated. A sign permit is required prior to installation.
B. R-2, R-3, and C-1 districts:
1. Permitted signs: Animated reader board or changeable copy signs as incorporated into the business sign, window signs, awning signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, projecting signs, subdivision entry signs, and wall signs subject to the provisions listed below:
(A) One permanent freestanding (post), hanging and suspended, projecting or directory sign identifying a permitted or special use, other than a single-family dwelling or home occupation, is permitted per street frontage. Each sign shall not exceed thirty-six (36) square feet in area, and may be externally illuminated. One permanent freestanding (post) sign or hanging or suspended sign identifying any public or private elementary or secondary school shall be permitted per street frontage. Each sign shall not exceed fifty (50) square feet in area, unless approved through a special use permit. Signs identifying any public or private elementary or secondary school may be externally or internally illuminated. A sign permit is required prior to installation.
(B) Freestanding (post), hanging and suspended, projecting and directory business signage in these districts may be expanded to fifty (50) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.
(C) One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed thirty- six (36) square feet in area. Such signage shall be approved through a special use permit in these districts prior to installation. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.
(D) Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area shall not exceed twenty percent (20%) of the total wall square footage upon which the sign(s) is placed. Wall signs in these districts may be externally illuminated. Sign permits are required prior to installation.
(E) One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, the actual signage area (exclusive of the monument portion of the structure) shall not exceed one hundred (100) square feet, and may be externally illuminated in a residential development or externally or internally illuminated in a commercial development or a mixed use development. Sign permits are required prior to installation.
(F) One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.
2. Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.
C. C-2, C-3, C-4, M-1, M-2, and I-P districts:
1. Permitted signs: Animated reader board, awning signs, changeable copy signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, pole signs, projecting signs, rotating signs, subdivision entry signs, wall signs, and window signs subject to the provisions listed below:
(A) Freestanding (post) permanent business, directory, hanging and suspended, pole, projecting, and rotating signs identifying a permitted or special use permit are allowed. The overall square footage of the signage is determined by the length of the street frontage. The gross surface area of all signs on a lot (excluding wall signs, window signs, awning signs, animated reader boards, changeable copy signs, subdivision entry signs and monument signs) shall not exceed one times the linear feet of street frontage of such lot. One sign is permitted on a site for every eighty feet (80') of street frontage. Such signage may be externally or internally illuminated and sign permits are required prior to installation.
(B) Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area of wall signs shall not exceed forty percent (40%) of the total wall square footage upon which the sign(s) is placed. Wall signs in these districts may be externally or internally illuminated. Sign permits are required prior to installation.
(C) One animated reader board or changeable copy sign may be permitted per street frontage only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed forty-eight (48) square feet in area per animated reader board or changeable copy sign. Sign permits are required prior to installation. Stand alone animated reader board signs or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.
(D) A billboard or off premises sign may be permitted only in these districts upon the successful completion of a special use permit. Billboards shall be set back at least thirty feet (30') from all property lines. Sign permits are required prior to installation. Exceptions:
1. The city of Caldwell may provide permanent off premises signage for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of Caldwell; providing maps and geographical information; on central locations, listing businesses within the city of Caldwell for advertising purposes; and providing a designated place for posting fliers, posters for upcoming events, and public notices. Such signage shall be placed on city property, shall have to receive approval from city council prior to placement, and shall be owned, operated, and maintained by and through the city of Caldwell.
2. Billboards located along I-84 freeway, and federal or state highways that meet the required separation distances as listed in Section 10-02-06(2)S of this chapter shall be outright permitted.
(E) One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, the actual signage area (exclusive of the monument portion of the structure) shall not exceed two hundred (200) square feet, and may be externally or internally illuminated. Sign permits are required prior to installation.
(F) One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.
(G) Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.
D. C-C district:
1. See section 10-12-04 of this chapter, except that rules and requirements, as listed in this article, for temporary signs and real estate signs apply to the city center district.
E. A-D, C-D, and H-D districts:
1. Permitted signs: Animated reader board, awning signs, changeable copy signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, projecting signs, subdivision entry signs, window signs, and wall signs subject to the provisions listed below:
(A) Freestanding (post) permanent business, directory, hanging and suspended and projecting signs identifying a permitted or special use permit are allowed. The overall square footage of the signage is determined by the length of the street frontage. The gross surface area of all signs on a lot shall not exceed one-half (0.5) times the linear feet of street frontage of such lot (excluding wall signs, window signs, awning signs, animated reader boards, changeable copy signs, subdivision entry signs and monument signs). One sign is permitted on a site for every one hundred feet (100') of street frontage. Such signage may be externally or internally illuminated and sign permits are required prior to installation.
(B) Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area of wall signs shall not exceed ten percent (10%) of the total wall square footage facing a street. Wall signs in these districts may be externally or internally illuminated. Sign permits are required prior to installation.
(C) One animated reader board or changeable copy sign may be permitted per street frontage only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed thirty-two (32) square feet in area per animated reader board or changeable copy sign. Sign permits are required prior to installation. Stand alone animated reader board signs or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.
(D) One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, shall not exceed forty-eight (48) square feet, and may be externally or internally illuminated. Sign permits are required prior to installation.
(E) One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.
(F) Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.
(6) Sign Standards:
A. Height Measurements: The height of a sign shall be measured from the ground, adjacent to the sign, to the top of the sign and support structure. If the ground under the sign slopes, the height shall be measured from the average grade under the sign itself.
B. Area Measurement: The sign area is calculated by determining the number of square feet of the smallest rectangle(s) within which a sign face can be enclosed. In determining the area of an individual sign that has more than one face, the single sign face with the greatest area shall be used. The total sign area is the sum of all individual sign areas. Wall signage does not count towards the total allowable sign area calculated on a parcel of land.
C. Setbacks: Setbacks shall be measured from interior property lines or right of way lines. Signs taller than three feet (3') shall not be located within the vision triangle.
D. Wall Signs: (Rep. by Ord. 2911, 9-4-2012)
E. Illumination: Where illumination of signs is permitted, the following standards shall apply:
1. Lighting for signs shall not create a hazardous glare for pedestrians or motorists either in a public street or on any private premises.
2. The light source, whether internal to the sign or external, shall be shielded from view. This requirement is not intended to preclude the use of diffused exposed neon.
3. Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right of way or adjoining property.
4. No electronic reader board sign shall be erected without a light detector/photocell by which the sign's brightness can be dimmed when ambient light conditions darken.
5. An electronic reader board sign shall maintain a minimum hold time of one second for each individual frame for on premises displays.
6. An electronic reader board sign shall maintain a minimum hold time of eight (8) seconds for each individual frame for off premises (billboard) displays.
F. Design, Preparation And Construction: All signage, including temporary signage, shall be designed, prepared and constructed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results.
(7) Nonconforming Signs: Any permanent sign existing at the time of the enactment of this section which does not conform to its provisions but which was originally erected in accordance with previously adopted regulations shall be deemed a legal nonconforming sign. Such a sign, if properly maintained, may be continued under the following conditions:
A. Whenever a nonconforming sign has been damaged to more than one-half (1/2) of its replacement value, it shall be totally removed, not be repaired or replaced.
B. Whenever a nonconforming sign has been structurally altered, relocated or replaced, it shall immediately conform to the provisions of this chapter.
(8) Abandoned Signs:
A. Abandoned Nonconforming Sign: Except as otherwise provided in this code, any sign located on property which pertains to a use which no longer applies to that property and that has been continuously vacant for a period of time exceeding six (6) months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the city or brought into full compliance by the owner of the sign or owner of the property.
B. Abandoned Conforming Sign: Except as otherwise provided in this code, any sign located on property which pertains to a use which no longer applies to that property and that has been continuously vacant for a period of time exceeding six (6) months should be deemed as abandoned. A conforming abandoned sign structure may remain, but all sign advertising, logos, names, etc., should be removed. Such sign structures must be maintained in an aesthetically pleasing manner.
(9) Temporary Signs: Requirements and regulations for temporary signs apply to all zoning districts in the city, including the city center zoning district. Temporary signs shall be regulated as follows:
A. Types: Temporary signs shall be limited to only the following: banners, yard signs, plywood signs, certain changeable copy signs, and portable signs.
1. Animated reader boards and changeable copy signs are not permitted as temporary signs; rather, they are only permitted as permanent signs if, and only if, they are incorporated into the regular business sign as part of the post, pole, wall or monument sign following the requirements for the underlying zoning district. They are not allowed on their own, separate from the regular business sign. They are prohibited as stand alone signs.
(A) Excepting that one changeable copy sign per business may be permitted as a stand alone sign provided that all of the following criteria are met:
i. There shall be no more than one stand alone changeable copy sign per business.
ii. The face of a stand alone changeable copy sign cannot exceed twenty-four (24) square feet in area.
iii. A stand alone changeable copy sign cannot be internally illuminated or animated in any way nor capable of having any type of electrical functions.
iv. A stand alone changeable copy sign must adhere to all other requirements of temporary signs.
v. Portable changeable copy signs, regardless of what is being advertised be it real estate for lease, sale or rent; goods and/or services either wholesale or retail; and/or any type of event, that are transportable with wheels, trailers or similar that have a thickness of more than one inch (1") are prohibited.
B. Illumination: Temporary signs shall not be illuminated.
C. Number: Temporary signs shall be limited to three (3) per business, regardless of the type of temporary sign, meaning that a property may have up to three (3) of any of the following at any one given time: a banner, a yard sign, a plywood sign, certain changeable copy signs or a portable sign.
1. Excepting that more than one temporary banner sign is allowed in instances where businesses sell/provide goods and services for more than one franchise and each franchise requires its own banner sign.
D. Size: Temporary signs shall not exceed twenty-four (24) square feet in area.
E. Right Of Way Areas: Temporary signs are not allowed in any right of way area and are subject to removal and disposal by city staff. However, the area between the curb and a detached sidewalk shall not count toward right of way area for purposes of this article and temporary signs may be placed in said area provided all other provisions of this article are adhered to.
F. Banner Signs: Banner signs shall comply with the following provisions in addition to all other provisions for temporary signs:
1. Banner signs must be professionally prepared and maintained in a neat, clean, repaired condition.
2. Banner signs that are tattered, torn or in disrepair or allowed to blow freely shall not be allowed under any circumstances and shall be removed immediately.
3. One banner sign may count as a permanent business sign provided it meets all of the requirements for permanent signage for the zoning district in which it is located and provided a sign permit has been obtained.
G. Temporary Signs Pertaining To Certain Events: Temporary signs pertaining to events of civic, philanthropic, educational or religious organizations, are permitted provided said signs are placed no more than fifteen (15) days prior to the beginning of and removed within seven (7) days after the end of the event. Said signs do not count against the one allowed temporary sign for the business or dwelling. Said temporary signs may be placed off premises. Said temporary signs must comply with all other requirements for temporary signs.
H. Temporary Sign Placement:
1. Temporary signs shall be placed on the property of the business which is being advertised. Off premises temporary signs are not permitted, unless specifically stated otherwise in this article.
2. The five foot (5') wide sidewalk area shall always remain free of all temporary signage.
3. Temporary signs shall not be placed at locations which impede the vision or travel of vehicular traffic or pedestrian traffic.
4. Temporary signs shall not be placed within ten feet (10') of a street corner or pedestrian ramp.
5. Any temporary sign placed illegally may be removed by city staff with or without notification.
I. Temporary Sign Construction:
1. Temporary signs shall have no moving parts.
2. Temporary signage shall be designed, prepared and constructed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results.
(10) Permits: (Rep. by Ord. 2865, 6-20-2011)
(11) Real Estate Signs: Requirements for real estate signage apply to all zoning districts within the city, including the city center zoning district, and are as follows:
A. Real estate signs advertise property and/or buildings on property that are for sale, lease, rent or trade.
B. Real estate signs do not require a permit.
C. Real estate signs must be located on the lot or building that is for sale, lease or rent and must be placed completely on or within the property being advertised.
D. Real estate signs may remain on the property until said property has been sold, leased, traded, or rented at which time all real estate signage must be immediately removed.
E. One real estate sign is allowed per street frontage.
F. Real estate signs are prohibited from being placed:
1. On any site or property other than what is being sold, leased, rented or traded.
2. In any right of way or right of way area, except that placement in the area between the curb and a detached sidewalk is allowed for real estate signs, including real estate open house signs and directional real estate signs.
3. On anything located in right of way or right of way area.
4. On park/transit/public benches or shelters.
5. On telephone, power or utility poles.
6. On street or traffic light poles.
7. On street or traffic sign poles.
8. On trailers or vehicles permanently parked along public highways or streets.
9. Off premises, except as outlined in subsection (11)G of this section.
G. Off premises real estate signs or off premises directional real estate signs are prohibited unless approval has been obtained through the special use permit process, except that off premises real estate open house signs shall be allowed provided the signs are not in any right of way area, the signs comply with all vision triangle rules, the signs do not exceed six (6) square feet in area and the signs are not displayed permanently but are put up and taken down on a daily basis; and excepting that off premises directional real estate signs shall be allowed provided: the signs are not in any right of way area; the signs comply with all vision triangle rules; the signs do not exceed four feet (4') in height; the signs are no larger than four (4) square feet in area; the signs only state "property for sale" with an arrow and no other information including agent name, agency name, phone number or address listed on the sign; and, there shall only be one off premises directional real estate sign allowed per street corner.
H. A developed or developing subdivision or development is permitted one real estate sign per street frontage in the street landscape buffer area/common lot to advertise the subdivision or development as a whole.
(12) Enforcement:
A. The planning and zoning director and/or his/her duly authorized representatives are authorized and directed to enforce all the provisions of this article. Said director and/or representatives may enter at reasonable times any building, structure or premises in the city to make inspection of a sign, its structural and electrical connections and ensure compliance with any provisions of this article, including repair or structural alteration for safety of signs which present a hazard to the public. City staff is authorized to immediately remove any signs located in the right of way or vision triangle area without notification.
(13) Definitions: For the purposes of these regulations, a sign shall include any device that is intended to identify, inform, direct or advertise, and may be represented by words, letters, figures, symbols and/or other characterizations, insignia, or devices. Signs shall further be classified by the following definitions:
ABANDONED SIGN: A sign that no longer identifies or advertises a business, lessee, service, owner, product, or activity currently existing on the property for which the sign is intended to refer.
ANIMATED READER BOARD SIGN: Any sign which uses continuous, or nearly continuous movement, an intermittent or sequential flashing of the light source, or other visual change, which is clearly intended to depict action, create a special effect or scene, or otherwise attract attention or electronically change the advertised message.
AWNING OR CANOPY SIGN: A sign that is mounted, painted, or attached to an awning, canopy, or marquee.
BANNER SIGN: Any sign of lightweight fabric or similar material with no enclosing framework, that is mounted to a building or other structure at one or more edges, but not including those representing a nation, state or other officially recognized public body or institution, or any legitimate public purpose.
BILLBOARD: Any sign, regardless of size, used to direct attention to, or to provide directions to, a business, commodity, service, any real estate for lease, sale or rent, or entertainment conducted, sold, or offered at any location other than the premises on which the sign is located. Also known as an off premises sign.
BLADE SIGN: A sign six (6) square feet or smaller, which is suspended from an overhang, canopy, marquee, or is suspended from a mounting attached directly to the building wall, and hangs perpendicular to the building wall.
BUSINESS SIGN: A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises.
CENTRAL BUSINESS DISTRICT: The area located between 5th Avenue, 10th Avenue, Union Pacific Railroad and Indian Creek in downtown Caldwell.
CHANGEABLE COPY SIGN: A sign, such as a bulletin board or public announcement device, where the message or graphics is not permanently affixed to the structure, framing or background, where the message may be replaced periodically, either manually or mechanically and provided such sign does not constitute an animated or flashing sign as defined herein.
DIRECTORY SIGN: A sign that is compatible with the design theme of the development, may include multiple tenants, and is located at the entrance of the development.
FREESTANDING (POST) SIGN: A sign supported from the ground or any nonmovable sign not affixed to a building.
HANGING AND SUSPENDED SIGNS: A sign that is used to help define entries and identify business names to pedestrians. They are small and hang over the building entry if the appropriate clearance is provided.
ILLUMINATED SIGN: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
MONUMENT SIGN: A sign that is made entirely of marble, granite, stone, concrete, or similar material with a continuous at grade base, unattached to a pole, and independent of any structure. Supporting elements, including bases, may not exceed three feet (3') in height and are included in measurement of sign height. Supporting elements, including bases, shall be constructed with materials that are architecturally compatible with the principal structure.
NAMEPLATE: A permanent, fixed copy sign indicating only the name, address and/or profession of the resident or residents, or the name and/or address of the site or building user(s).
NONCONFORMING SIGN: A sign which was erected legally, but no longer complies with subsequently enacted sign restrictions and regulations.
PERMANENT SIGN: A name, identification, description, display, illustration or device which is intended for a permanent period of display. Any sign that is not considered a temporary sign or a real estate sign within this section shall be considered permanent.
POLE SIGN: A sign that is intended to communicate with people in automobiles. The sign structure is typically located on a single pole, but other types of supports may be used.
PORTABLE SIGN: Any sign designed to be transported, not permanently attached to the ground or other permanent structure, including, but not limited to:
A. Signs with wheels, either attached or removed on site;
B. Signs with transportable chassis or support constructed without wheels;
C. Signs designed to be transported by trailer on wheels or manually;
D. A-frame, sandwich board signs;
E. Signs on balloons and umbrellas.
PROJECTING SIGN: A sign greater than six (6) square feet other than a wall sign or blade sign that projects from and is supported by the wall of a building or structure.
PUBLIC REGULATION AND INFORMATION SIGN: A sign erected by a public authority, or by a public service organization granted permission by a public authority, within a public right of way, or on private property when required by law, and intended to control traffic, direct, identify or inform the public, or provide a needed public service as determined by the rules and regulations of the sponsoring public authority.
ROTATING SIGN: A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.
SIGN: Any object, device, display, type of material, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excludes national or state flags, window displays (but not window signs) or official announcements or signs of government. Excludes merchandise.
SUBDIVISION ENTRY SIGN: A sign that identifies the name of a residential, industrial, or commercial subdivision. This sign is usually a monument sign placed near a vehicular entrance or a wall sign placed on a community facility of the development.
TEMPORARY SIGN: A sign which is designed to be used only for a limited period of time, as regulated in this section, and is not, nor intended to be, permanently attached to a building, structure, or the ground. A "banner sign", plywood sign, "portable sign", certain changeable copy signs, yard sign all as regulated and defined in this section.
WALL SIGN: A sign erected parallel with the surface of a wall or other vertical or nearly vertical surface of a structure, and not extending more than what is necessary for the construction and support of that affixed wall sign. A wall sign also includes any signage, advertising, murals, etc., painted directly on the surface of any wall.
WINDOW SIGN: A sign affixed to a window, including windows within doors or any sign sufficiently near the inside of a window as to make such sign clearly and/or intentionally visible, and easily read, by motorists and pedestrians outside of the building. A sign that is painted or mounted onto a windowpane, or that is hung directly inside a window, solely for the purpose or effect of identifying any premises from the sidewalk or street.
(14) Banner Permit Application; Certificate Of Insurance: Each street banner permit application shall be accompanied by a certificate of insurance at the time of application submittal for public liability and property damage coverage with policy limits equal to or greater than the minimum designated by council resolution.
(Ord. 2779, 3-2-2009; Ord. 2805, 11-2-2009; Ord. 2820, 3-1-2010; Ord. 2865, 6-20-2011; Ord. 2911, 9-4-2012; Ord. 2967, 7-21-2014; Ord. 2971, 6-16-2014; Ord. 3010, 11-16-2015; Ord. 3090, 4-17-2017; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3237, 10-7-2019; Ord. 3560, 12-19-2023)