10-12-04: USE STANDARDS:
   (1)   Applicability: The use standards established in this section shall apply to the development of all principal permitted, temporary and special uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use permit requirements or other regulations of this article. All exterior improvements for said standards (including but not limited to signage, awnings, etc.) shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the improvement continues to conform to any conditions imposed by this article, any building/sign permit or any applicable special use permits. Nothing in this Code shall relieve the owner or user of any improvement or owner of property on which the improvement is located from maintaining said improvement in a safe condition, a state of good repair and an aesthetically pleasing condition. (Ord. 3176, 11-5-2018)
   (2)   Artist Studio; Industry, Craftsman; Industry, Information:
      A.   All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts, or the use is subject to a special use permit.
      B.   The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:
         1.   Noise, odor, or vibrations detectable by the human senses without the aid of instruments.
         2.   Radioactivity and electric or electromagnetic disturbances which unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties.
         3.   Any other emission or radiation which endangers human health, results in damages to vegetation or property or which exceed health and safety standards. (Ord. 2571, 12-19-2005)
   (3)   Assembly: Uses that accommodate one hundred (100) or more people during specific periods, including: arts, entertainment or recreation facility; auction; church or place of religious worship; civic, social or fraternal organizations; conference center; educational services; and public or quasi-public use.
      A.   A parking plan shall be developed and submitted with the building permit application or special use permit application for approval which estimates the maximum occupancy of the use, the periods of time when the facility is occupied by one hundred (100) persons or more and identifies the location of available parking for the use within one-fourth (1/4) mile walking distance. If there is an inadequate supply of parking to meet the needs of peak events, a plan for accommodating parking needs through alternative methods including remote parking with shuttle, valet parking or transit shall be developed. (Ord. 2743, 5-19-2008)
   (4)   Daycare Facilities: All uses included in the classifications of daycare facilities - daycare center; and daycare facilities - family/group daycare home.
      A.   All classifications of daycare facilities are defined in section 10-03-11 of this chapter.
      B.   All classifications of daycare facilities shall meet all standards as listed in section 10-02-10 of this chapter. (Ord. 2865, 6-20-2011)
   (5)   Churches Or Places Of Religious Worship: These are permitted uses in and of themselves as listed under section 10-12-03, table 10-12-1 of this article. Daycares and schools operated completely within the confines of the church building are considered accessory activities and are permitted. However, all activities shall be prohibited other than any activities related to a use primarily for the purpose of religious worship, government of the church or fellowship of the congregation, or a daycare or school within the confines of the church building as an accessory activity. (Ord. 2743, 5-19-2008)
   (6)   Commerce On Public Property: The use of the public right-of- way for the exchange of goods or services shall comply with the following:
      A.   The use on the public right-of-way is associated with a business located immediately adjacent to the public right-of-way location.
      B.   The location of the business activity does not create a safety hazard for motorists, bicyclists or pedestrians.
      C.   The business activity maintains sufficient minimum walking space of four feet (4') for the free passage of pedestrians along the sidewalk and access to other adjacent businesses.
      D.   The location and design of the business activity does not unreasonably obstruct the visibility of any adjacent businesses.
      E.   The business activity does not generate litter, noise or other nuisances that would be objectionable to the public or other businesses in the immediate area, including:
         1.   Adequate refuse containers shall be provided;
         2.   Hours of operation are sensitive to the surrounding neighborhood;
         3.   No music or sound is amplified;
         4.   The area can be maintained in a clean condition;
         5.   Physical improvements can be removed or secured when not in operation; and
         6.   Outdoor water faucets and the ability to adequately wash or clean the outdoor space on a routine basis is available.
      F.   The design of any improvements is consistent with the design requirements for the city center district.
      G.   The location of a business engaged in the sale of alcoholic beverages is separated from the public space with a barrier, fence, landscaping or other demarcation.
      H.   The location of a temporary sandwich board shall meet the requirements set forth in this section and shall be removed when the primary business is closed. (Ord. 2571, 12-19-2005; Ord. 2743, 5-19-2008)
   (7)   Demolition:
      A.   No structure shall be demolished without first receiving approval for the demolition from the planning and zoning director.
      B.   The basis for approval of a demolition permit shall be as follows: (Ord. 2743, 5-19-2008)
         1.   Either a conceptual site plan or conceptual idea for the replacement structure and site development has been approved by the planning and zoning director or his/her authorized designee or special use permit approval has been received if the use requires such approval. (Ord. 2911, 9-4-2012)
   (8)   Drinking Establishment:
      A.   The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. (Ord. 2571, 12-19-2005)
      B.   The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service, measured in a straight line from the nearest entrance to the licensed premises, unless otherwise determined by the granting of a waiver of this requirement from city council. Applicants shall receive waiver authorization prior to submittal of a special use permit application. This limitation shall not apply to any duly licensed premises that at the time of licensing did come within the restricted area. (Ord. 2865, 6-20-2011)
      C.   For uses abutting a residential district, no outside activity or event shall be allowed on the site, except as provided for in temporary uses of this section.
      D.   The special use permit shall specify the hours of operation, the type of drinking establishment (bar, brewery, lounge, nightclub, saloon, pool hall, or tavern), a floor plan identifying seating and major activity areas, and the entertainment provided, if any. Any change in the use, including, but not limited to, hours of operation, size, capacity, type of drinking establishment, or entertainment shall be subject to a new special use permit.
   (9)   Drive-Through Establishment:
      A.   All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the special use permit application.
      B.   The entrance and exit from the drive-through lane shall be internal to the site, not a separate entrance and/or exit to or from the street.
      C.   Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street.
      D.   Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane shall not be located within ten feet (10') of any residential district.
      E.   Drive-through speakers shall not be intelligible off site. (Ord. 2571, 12-19-2005)
   (10)   Dwelling, Single-Family Attached, Detached And Two-Family Duplex: (Rep. by Ord. 2743, 5-19-2008)
   (11)   Landscaping:
      A.   Applicable Provisions: The following sections of article 7 of this chapter shall apply to the city center zoning district for landscaping:
         1.   Section 10-07-01, "Definitions";
         2.   Section 10-07-02, "Applicability";
         3.   Section 10-07-03, "Landscape Plan Preparation, Requirements And Submittal";
         4.   Section 10-07-04, "Landscape Criteria And Installation Practices";
         5.   Section 10-07-06, "Landscape Maintenance";
         6.   Section 10-07-07, "Vision Triangle";
         7.   Section 10-07-09, "Parking Lot Landscaping";
         8.   Section 10-07-10, "Buffers Between Different Land Uses", except that buffers shall only apply to uses between the city center zoning district and another zoning district, not between uses within the city center zoning district itself;
         9.   Section 10-07-11, "Pathway Landscaping Standards";
         10.   Section 10-07-12, "Irrigation";
         11.   Section 10-07-15, "Certificate Of Occupancy Or Compliance";
         12.   Section 10-07-16, "Landscape Plan Design Review";
         13.   Section 10-07-17, "Violation, Penalty, Enforcement And Compliance"; and
         14.   Section 10-07-18, "Appeals". (Ord. 2967, 7-21-2014)
      B.   Plans And Installation Required: (Rep. by Ord. 2967, 7-21-2014)
      C.   Plans Or Installation Not Required: (Rep. by Ord. 2967, 7-21-2014)
      D.   Hanging Planters:
         1.   May be provided as landscaping.
         2.   Shall be hung on streetlight posts a minimum of ten feet (10') from the ground or mounted on building facades or railings.
         3.   Shall be in a wire basket a minimum of twelve inches (12") in diameter.
         4.   Planter shall be completely covered with flowers, hanging flowers, hanging vines, or the like, such that no part of the wire basket shall show.
      E.   Planter Pots:
         1.   May be provided as landscaping to define smaller spaces, break up long expanses of building facade, or provide separation between pedestrian areas and the street.
         2.   Shall be movable.
         3.   Shall be located directly adjacent to building facades or entries and shall extend no further than four feet (4') from the building facade.
         4.   Shall not impede pedestrian traffic, pose a safety hazard or interfere with vision triangle standards as set forth in section 10-07-07 of this chapter.
         5.   Shall be the following style: Wausau Tile colonial series concrete planters in gray, brown, black or sand, or a similar style. Colonial series planters are available in a variety of sizes. Sizes shall be selected based on specific location.
         6.   Plantings in planter pots shall consist of flowers and mulch or bark. Shrubs and grasses may be planted in planter pots, but the maximum height shall be no more than three feet (3') at maturity.
         7.   The entire surface area of the planter shall be covered with flowers, mulch, bark, shrubs or grasses. (Ord. 2743, 5-19-2008)
         8.   Planter pot colors shall be consistent with the color of the building. (Ord. 3090, 4-17-2017)
      F.   Tree Grates:
         1.   All street trees shall be protected by tree grates.
         2.   Tree grates shall be four feet by four feet (4' x 4') square and shall comply with ADA guidelines.
         3.   Slots shall be a maximum of three-eighths inch (3/8") wide and holes shall be a maximum of three-eighths inch (3/8") square.
         4.   Grates shall be designed to allow for the tree opening to be enlarged in increments to accommodate for tree growth, protecting the tree from injury.
         5.   Tree grates shall be unfinished cast gray iron. The natural iron will develop an attractive rust patina that is maintenance free.
      G.   Tree Selection Guidelines:
         1.   Trees shall be selected for ease of maintenance and resistance to drought and disease.
         2.   Trees shall be columnar in nature so as to discourage and inhibit bird nesting.
         3.   Trees shall be selected that generally grow to a maximum height of twenty-five feet (25'). (Ord. 2743, 5-19-2008)
      H.   Fencing:
         1.   Chainlink fencing and any type of wire fencing shall be prohibited within the city center zoning district on 5th Avenue, 6th Avenue, 7th Avenue, Kimball Avenue and 9th Avenue from the railroad tracks to the northerly side of Blaine Street and on the northerly side of Blaine Street, both sides of Arthur Street, and both sides of Main Street from the westerly side of 5th Avenue to the easterly side of 9th Avenue, including the northerly side of Blaine Street and both sides of 5th Avenue.
         2.   The maximum fence height within the city center zoning district shall be no more than six feet (6').
         3.   There shall be no fencing exceeding three feet (3') in height placed on any portion of the front property line or on any portion of the side property lines twenty feet (20') back from the front property line, or any area in between said lines.
         4.   There shall be no fencing exceeding three feet (3') in height in the vision triangle.
         5.   There shall be no fencing in or on public right of way or future public right of way.
         6.   Fences which are nonconforming for any reason, but were in place prior to the adoption date hereof, may continue if maintained in good condition and repair and provided they do not impede the safety of motorists or otherwise present a hazard. Safety and/or hazardous issues shall be remedied immediately. (Ord. 2775, 3-2-2009)
   (12)   Noxious Uses: No area or structure shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas.
      A.   Fire Hazard: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved as specified in the international fire code, in chapter 8, article 13 of this code and the National Safety Foundation publications.
      B.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
      C.   Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining property.
      D.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority.
      E.   Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring properties.
      F.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority.
   (13)   Outdoor Lighting:
      A.   All fixtures over fifteen feet (15') in height shall be fitted with a full cutoff shield. (Ord. 2571, 12-19-2005)
      B.   Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties.
         1.   Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. (Ord. 3090, 4-17-2017)
      C.   Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. (Ord. 2571, 12-19-2005)
      D.   The installation of any of the following types of lighting is prohibited: (Ord. 2743, 5-19-2008)
         1.   Mercury vapor lamp fixture and/or lamp.
         2.   Laser source light or any similar high intensity light when projected above the horizontal plane. (Ord. 2571, 12-19-2005)
         3.   Changing colors, strobe or moving lights, or searchlights for advertising purposes are prohibited in the entire city center zoning district, except where approved for temporary uses only. (Ord. 2743, 5-19-2008)
      E.   Facade lighting:
         1.   General provisions:
            (A)   Fixtures are required to be on a single timer or on continuously during the night.
            (B)   All lights shall comply with dark sky standards.
            (C)   All lights shall be energy efficient and warm white in color.
         2.   Alley facades shall have black metal gooseneck fixtures at a fixed height of eight feet (8') above finished grade. (Ord. 3090, 4-17-2017)
   (14)   Outdoor Service And Equipment Areas:
      A.   Outdoor mechanical equipment including, but not limited to, heaters and fans, shall not be located within fifty feet (50') from any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible.
      B.   Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
   (15)   Outdoor Storage:
      A.   All outdoor storage of materials shall be limited to five percent (5%) of the property area. (Ord. 2571, 12-19-2005)
      B.   All outdoor storage shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within any easements, required setbacks, public right of way, and/or future public right of way. (Ord. 2743, 5-19-2008)
      C.   The site shall not be used as "vehicle wrecking or junk yard" as herein defined.
      D.   Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
   (16)   Parking:
      A.   Residential uses in Central Business District shall have the same requirements as set forth in the R-3 zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district. Residential, mixed uses, and uses located in properties listed on the National Register of Historic Places are exempt from the parking requirements when they are located in city center zoning district. (Ord. 2571, 12-19-2005; Ord. 3366, 12-6-2021)
      B.   The minimum parking requirements for all uses within the city center zoning district are as shown on table 10-12-2 of this section. Minimum parking requirements shall apply to new construction, change of use applications and special use permit applications. (Ord. 2743, 5-19-2008)
         TABLE 10-12-2
         MINIMUM PARKING STANDARDS
Use
Minimum
Use
Minimum
Artist studio
1/400 GFA1
Arts, entertainment or recreation facility
1/3 persons in maximum occupancy
Auction
1/4 patron seats
Bed and breakfast
0.3/room
Building material, garden equipment and supplies
1/300 GFA and outdoor service area
Church or place of religious worship
1/4 seats
Civic, social or fraternal organizations
1/3 persons in designed capacity
Conference center
1/3 persons in designed capacity
Drinking establishment
1/3 persons in maximum occupancy
Educational services
1/classroom
Equipment rental, sales, and service
1/350 GFA and outdoor service area
Farmers' market
1/500 GFA
Financial institution
1/300 GFA
Healthcare or social services
1/250 GFA
Hospital
1/bed
Hotel and motel
0.3/room
Industry, craftsman
1/300 GFA
Industry, information
1/250 GFA
Laundromat
1/4 washing machines
Laundry and dry cleaning
1/350 GFA
Mixed use
Determined by parking study see subsection (16)C3 of this section
Mobile food unit
4 spaces
Mortuary
1/4 seats
Nursery
1/300 GFA
Nursing or residential care facility
0.3/room
Personal or professional service
1/300 GFA
Public or quasi-public use
1/300 GFA
Recreation equipment rental, sales and service
1/400 GFA
Restaurant
1/4 seats
Retail store
1/350 GFA
Service station
2/pump
Vehicle repair, minor
4/service bay
Vehicle sales or rental and service
1/1,000 square feet of site area
Vehicle washing facility
2/lane
Vineyard
1/500 square feet outdoor area
Warehouse and storage
0.8/1,000 GFA
Wholesale sales
0.8/1,000 GFA
Winery/brewery
1/500 GFA
Winetasting establishment
1/350 GFA
 
   Note:
      1.   GFA = gross floor area.
(Ord. 2571, 12-19-2005; Ord. 2743, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2967, 7-21-2014)
      C.   The parking requirements shall be met through any combination of on or off street parking, on or off site parking, leased parking, public right of way parking, or shared parking with another use or site and shall meet the following requirements: (Ord. 2743, 5-19-2008)
         1.   Off site or off street parking used in meeting the requirements shall be located within eight hundred feet (800') of the site. (Ord. 2805, 11-2-2009)
         2.   The amount of shared parking allowed with another use or site shall be determined through a parking study conducted by a credible professional that analyzes the parking needs of each individual use and site. (Ord. 2743, 5-19-2008)
   (17)   Self-Service Uses: Any unattended self-service use including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, service stations, and storage facilities shall comply with the following requirements, or the Caldwell police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided:
      A.   Entrance or view of the self-facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.
      B.   Financial transaction areas shall be oriented to a highly visible area such as a collector or arterial street.
      C.   Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and the financial transaction areas and the public street.
   (18)   Service Stations:
      A.   When allowed as an accessory use, service station facilities shall not occupy more than twenty-five percent (25%) of the subject property.
      B.   Installation of underground fuel tanks shall require written approval from the Caldwell fire department.
      C.   The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20').
      D.   Vehicle stacking lanes shall be available on the property and meet the following standards:
         1.   Located outside the fueling areas;
         2.   Have sufficient capacity to prevent obstruction of the public right of way by patrons;
         3.   Separately located from areas required for access and parking; and
         4.   Not be located within ten feet (10') of any abutting residential districts.
      E.   The use shall be located on an arterial street.
      F.   The use shall be located a minimum of one thousand feet (1,000') from any hospital. (Ord. 2571, 12-19-2005)
   (19)   Signs:
      A.   Color:
         1.   Colors on signs and structural members shall be harmonious with one another and relate to the dominant colors of the buildings on the site.
         2.   Contrasting colors may be utilized if the overall effect of the sign is still compatible with building colors. (Ord. 2743, 5-19-2008)
      B.   Design And Construction:
         1.   Except for flags and temporary signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground through a post, pole or monument, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
         2.   All signs shall be designed and installed 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. (Ord. 2775, 3-2-2009)
         3.   Permanent signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation, or others capable of producing professional results. The intent is to ensure public safety and to achieve signs with careful construction, neat and readable copy, and durability, to reduce maintenance costs and prevent dilapidation.
         4.   Signage shall not interfere with vehicular or pedestrian traffic and shall not be more than three feet (3') high if located within the vision triangle area. Any signage that presents a safety hazard to vehicular or pedestrian traffic or located within the vision triangle area if more than three feet (3') in height may be removed and disposed of by city staff. (Ord. 2911, 9-4-2012)
         5.   No signage, except temporary signs as outlined in section 10-02-06 of this chapter, shall be placed in any public right of way excepting signage placed on a projected awning or the like that extends into the public right of way or projected wall signage that extends into the public right of way. Said projected signage shall be a minimum of eight feet (8') above sidewalk grade. (Ord. 2775, 3-2-2009)
         6.   Off premises signs and/or billboards, both temporary and permanent, are prohibited in the city center zoning district, except that certain temporary off premises signs, for special events only, may be permitted as outlined in section 10-02-06 of this chapter, and further excepting the following:
            (A)   The city of Caldwell may provide permanent signage within the city center district for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of downtown Caldwell; providing maps and geographical information; on central locations, listing businesses within the city center zoning district; providing a designated place for posting fliers, posters for upcoming events, and public notices; providing one electronic reader board in the city center district to be owned and maintained by the city to advertise special events as well as businesses located within city center who would pay for such advertising. Such permanent signage shall be reflective of the types and styles contained within the page titled "Sidewalk Signage" contained with the "City Center Zoning District Design Guideline Pictures", shall be placed on city property or property owned by the Caldwell east urban renewal agency, shall have to receive approval from city council through a public hearing prior to placement, and shall be owned, operated and maintained by and through the city of Caldwell. Individuals, groups, businesses, entities, services, etc., are prohibited from any off premises advertising signs and/or billboards except as may be posted by the city of Caldwell under the above guidelines. (Ord. 2851, 4-18-2011)
         7.   The only types of signs permitted are temporary signs; awning; wall; suspended or projected; window, permanent; and window, temporary as outlined in table 1, "Signage", of this subsection.
         8.   Freestanding post, pole or monument signs may be permitted by the planning and zoning department on a case by case basis and shall be reviewed using all the standards as set forth in this article as well as standards for freestanding post, pole and monument signs set forth in subsection 10-02-06(5)C of this chapter.
         9.   One animated reader board or changeable copy sign per business 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 forty-eight (48) square feet in area and shall be attached flush to the building, excepting that if the business sign has been approved as a freestanding post, pole or monument sign the animated reader board or changeable copy sign shall be incorporated into said post, pole or monument signage rather than being attached flush to the building. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited regardless of date of placement or installation, excepting that changeable copy signs may be permitted as temporary signs as outlined in section 10-02-06 of this chapter.
         10.   For all sign definitions, refer to section 10-02-06 of this chapter.
         11.   For nonconforming signs and abandoned signs, refer to section 10-02-06 of this chapter.
         12.   Temporary signs shall be regulated as outlined in section 10-02-06 of this chapter.
      C.   Materials And Structure:
         1.   Representative Of Materials On Site: Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site where the sign is located. Sign colors shall match those used on the buildings on the site and any other signs on the site.
         2.   Reflective Material Prohibited: Signs shall not be made of any reflective material.
         3.   Permanent Signs: Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.
         4.   Size Of Structural Members: The size of the structural members (e.g., columns, crossbeams, and braces) should be proportional to the sign panel they are supporting.
         5.   Use Of Individual Letters Encouraged: The use of individual letters incorporated into the building design is encouraged, rather than a sign with background and framing other than the structural wall.
         6.   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.
         7.   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.
      D.   Sign Lighting:
         1.   External or internal light sources shall be directed and shielded from view so that they do not produce glare off the site, or on any object other than the sign. This requirement is not intended to preclude the use of diffused exposed neon.
         2.   Sign lighting shall not blink, flash, flutter, scroll, or change light intensity, brightness, or color.
         3.   An animated reader board sign shall maintain a minimum hold time of one second for each individual frame for on premises displays. Off premises animated reader boards are prohibited.
         4.   No animated 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.   Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
         6.   Lighting for signs shall not create a hazardous glare for pedestrians or motorists either in a public street or on any private premises.
         7.   For energy conservation, light sources shall be hardwired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited.
         8.   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.
      E.   Copy Design Guidelines:
         1.   Sign copy shall relate only to the name and/or nature of the business or use.
         2.   Information shall be conveyed briefly or by logo, symbol, or other graphic manner. The intent shall be to increase the readability of the sign and thereby enhance the identity of the business.
         3.   Freestanding signs shall contain the street address of the business or the range of addresses for a multi-tenant center.
      F.   Nonconforming Signs: See subsection 10-02-06(7) of this chapter. (Ord. 2775, 3-2-2009)
      G.   Signage Table: The following table establishes the number and size of signs:
   TABLE 1
   SIGNAGE
Allowed Sign Types
Maximum Sign Height
Maximum Number Of Signs
Maximum Sign Area
Notes
Allowed Sign Types
Maximum Sign Height
Maximum Number Of Signs
Maximum Sign Area
Notes
Awning
Shall be entirely on awning valance
 
Lettering maximum 50 percent of valance height
 
Valance height maximum 18 inches
1 sign per each separate awning valance
50 percent of the area of the valance front
 
Blade signs
Bottom of sign shall be no closer than 8 feet above sidewalk surface below, and shall not extend beyond the top of the wall on which it is placed
1 per street frontage
6 square feet
Design shall be approved by planning and zoning director
Freestanding post, pole, and monument signs
Only as approved by the planning and zoning director on a case by case basis
Only as approved by the planning and zoning director on a case by case basis
Only as approved by the planning and zoning director on a case by case basis
Only as approved by the planning and zoning director on a case by case basis
Medallion signs
NA
1 per street frontage
3 foot diameter
Only as approved by the planning and zoning director
Projected or suspended
Bottom of sign shall be no closer than 12 feet above sidewalk surface below, and shall not extend beyond the top of the wall on which it is placed
1 sign allowed per building frontage
 
Maximum projection shall not exceed 4 feet from the building. Any proposed lighting shall be approved by the planning and zoning director on a case by case basis
 
Projected signs may only be approved by the planning and zoning director in the central business district
Temporary signs
See section 10-02-06 of this chapter
See section 10-02-06 of this chapter
See section 10-02-06 of this chapter
See section 10-02-06 of this chapter
Wall
1 foot below parapet or eaves
 
Individual letters maximum 36 inches each
Multiple, but not to exceed maximum signage area
Multiple signs are permitted but the total signage area of wall signs shall not exceed 20 percent of the total wall square footage upon which the signs are placed
Mounting 1-story: above first floor windows
 
Mounting multi-story: between windows
 
External illumination by halo and gooseneck lighting is permitted
Window, permanent
Within window area
Multiple, but not to exceed maximum signage area
Multiple signs are permitted but the total signage area of window signs shall not exceed 25 percent of the total window square footage upon/within which the signs are placed
 
Window, temporary
Within window area
2 signs allowed per window (in addition to permanent window signage)
 
Painting directly on the surface of the window does not count as a window sign
 
(Ord. 3090, 4-17-2017; Ord. 3366, 12-6-2021)
   (20)   Temporary Uses:
      A.   See section 10-02-13 of this chapter for regulations and requirements regarding temporary uses. (Ord. 2743, 5-19-2008)
   (21)   Mobile Food Units: See section 10-03-11 of this chapter for a definition and section 10-02-13 of this chapter for regulations. (Ord. 2865, 6-20-2011)
   (22)   Nonconforming Uses:
      A.   The city center zoning district shall adhere to all components of section 10-02-08 of this chapter. (Ord. 2743, 5-19-2008)