A. Conformance to codes: Any sign hereafter erected shall conform to provisions of this title, and all other applicable provisions of this Code.
B. Sign Setbacks, Generally: All permanent signs shall be located outside of all utility easements. Shall be a minimum of five feet behind the right-of-way. Shall not be located within two feet of sidewalk. Sidewalk, right-of-way, and utility easement locations shall be defined by the current Transportation Master Plan. An administrative exception may be requested for sites with space restrictions.
C. Traffic Visibility: Signs and sign structures shall not be erected in such location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control devices. Signs and/or sign structures shall not obstruct the line of vision in any direction from any street intersection or driveway. Specifically, signs and sign structures shall not be located within the “sight triangle” as defined by this Code, and/or street standards as adopted by Hayden City Council. (See code § 6-1-4 Visibility at Intersection).
D. Construction: The following standards shall apply to the construction of all signs in the City, regardless of whether the sign does or does not require a sign permit.
1. Code Requirements: All signs shall be constructed in compliance with the adopted Building and Electrical Codes of the City.
2. Fastenings: All signs must remain safe and secure during the period of use. All parts of the signs including bolts and cables, shall remain painted, and free of corrosion.
3. Stability: Signs shall be constructed so they will withstand wind pressure of at least 70 pounds per square foot of surface and will otherwise structurally be safe, and securely anchored or otherwise fastened, suspended, or supported so that they will not be a hazard to persons or property.
4. Lighting: External lighting shall be shielded from view and shall be focused on the sign to avoid stray lighting. Flashing, rotating, and intermittent lighting is prohibited.
5. Proximity to Electrical Conductors: Signs and their supporting structures shall be located no closer to electrical utilities than is permitted by the applicable code. No sing including cables and support shall, in any event, shall be within six feet of any electrical conductor, electrical light pole, electrical streetlight, traffic light or public utility pole.
6. Prohibited Obstruction: Signs shall not be erected in any manner which interferes with free passage from, or otherwise obstructs a fire escape, downspout, window, door, stairway, ladder or opening required as a means of ingress or egress, or required by Code for the provision of light, air, or stormwater drainage.
E. Maintenance of Signs: All signs and sign structures shall be properly maintained in good condition and repair. Should any sign become structurally unsafe or a safety hazard, the owner, upon notification by the City, shall be required to return the sign to a safe condition or remove the sign.
F. Removal of Obsolete, Non-maintained or Abandoned Signs: All signs which no longer serve the purpose for which they were intended, are not maintained, have been determined to present a hazard, or have otherwise been abandoned, shall be removed or restored by the business or property owner within 30 days of notice by the City.
G. Nonconforming Signs: Any sign legally existing at the passage date hereof that does not conform in use, location, height, or size with the regulations of the zone in which the sign is located, shall be considered a legal non-conforming use or structure, and shall be permitted to continue in such status until such time as the sign is abandoned, removed, relocated, or replaced subject to the following restrictions:
1. The structure of the sign may not be altered in any way except toward compliance with this chapter. Structural alterations which are necessary for the maintenance, repair or restoration of the nonconforming sign are permissible, provided said alterations do not increase the size, height, degree of nonconformity, or exceed 50% of the replacement value of the sign.
2. The legal, non-conforming sign may not be replaced, except with a sign conforming to the requirements of this chapter.
3. The legal non-conforming sign is subject to all requirements of this chapter regarding safety, maintenance, and repair. If, however, the sign suffers damage or deterioration in excess of 50% of its replacement value, it must be brought into compliance with this chapter or removed within 30 days of notification by the City.
4. The changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter, and/or the content of any sign copy shall not be deemed an alteration or replacement.
H. First Amendment Protection: Any sign allowed under this chapter may contain, in lieu of any other text, any otherwise lawful noncommercial message that does not, for commercial purposes, direct attention to a business operated for profit or to a product, commodity, or service for sale, provided said sign complies with all other provisions of this chapter, including the specific provisions for the type of sign, within the land use designation/zone where the sign is placed. This provision prevails over any more specific provisions to the contrary.
I. Illumination of signs shall be controlled as not to shine directly into the window of any residential premises. (Ord. 619, 4-13-2021)